Utah Admin. Code R916-5-6 - Requirements and Procedures a Contractor Must Follow
(1) To demonstrate compliance with Section
72-6-107.5, a contractor or
subcontractor shall comply with the requirements and procedures of this section
no later than the date the relevant contract is executed.
(2) A contractor shall provide to the
department:
(a) a written certification that
the contractor and each subcontractor have and will maintain during the
contract an offer of qualified health coverage for each employee; and
(b) written certification from each relevant
subcontractor at any tier that the subcontractor has and will maintain during
the contract an offer of qualified health coverage for each employee.
(2)
(a) A contractor shall include a requirement
in the subcontract and certify to the department that a subcontractor must
obtain and maintain an offer of qualified health coverage for the
subcontractor's employees and the employee's dependents during the duration of
the subcontract.
(b) A contractor
shall certify to the department that each subcontractor has and will maintain
an offer of qualified health coverage for each employee including dependents
during the duration of the contract.
(3)
(a) The
department may require a contractor to recertify by submitting a written
request to the contractor that must be submitted within ten business days of
receiving the written request.
(b)
The department may not require a contractor to recertify more than twice in any
12-month period.
(4)
(a) If a contractor becomes subject to the
requirements of Section
72-6-107.5, the contractor must
obtain and submit to the department a written statement of
compliance.
(b) If a subcontractor
becomes subject to the requirements of Section 72-6-107.5, the contractor must
obtain from the subcontractor a written statement of compliance.
(5) The commercially equivalent
benchmark for the qualified health coverage required pursuant to Section
72-6-107.5 that is provided by the Utah Department of Health and Human Services
in accordance with Section
26B-3-909 is available on the
department's website at:
https://chip.utah.gov/resource-and-materials/.
(6) To meet the requirements of Section
72-6-107.5, a contractor or
subcontractor must make the qualified health coverage available to the employee
no later than on the first day of the calendar month following the initial 90
days from the date of hire.
(7)
(a) Consultants that must comply with Section
72-6-107.5 must demonstrate compliance in their annual financial screening
application.
(b) The department
must include in the contract a provision requiring the consultant and its
subconsultants to maintain and confirm compliance with this rule.
Notes
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