Section R590-240-6 - Procedure for Obtaining Exemption(1)(a) An institution seeking to have its student health program exempted from Title 31A, Insurance Code, shall file with the department an application in a form prescribed by the commissioner for an order exempting the student health program, and shall provide verifiable documentation in support of its application, including documentation to support that the exemption requirements in Section R590-240-5 have been met.(b) The application shall provide assurance that the institution has sufficient assets placed in trust, or otherwise pledged or guaranteed under Section R590-240-5 under conditions acceptable to the commissioner, to meet any liability the institution has for its student health program.(2) When considering an institution's request for exemption, the commissioner may require the following: (a) additional evidence or information from the institution;(b) an examination of the institution's student health program by the department, at the institution's expense; or(c) a hearing on the application.(3)(a) Upon a finding that a student health program complies with this rule, the commissioner may issue an order exempting the student health program from Title 31A, Insurance Code.(b) The commissioner may place any restrictions or conditions upon the exemption the commissioner believes to be necessary to protect the interests of the residents of this state.(4) A student health program is not exempt from Title 31A, Insurance Code, unless the commissioner has issued a written order explicitly stating the student health program is so exempt.(5) The department shall retain continuing jurisdiction over an institution's student health program to assure compliance with the terms and conditions in Section R590-240-5, including any changes in the law or the facts upon which the exemption is granted.(6) Any inconsistencies between this rule and any order previously issued exempting a student health program from Title 31A, Insurance Code, are resolved by incorporating this rule.Utah Admin. Code R590-240-6
Amended by Utah State Bulletin Number 2023-23, effective 11/21/2023