1. (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. (2) A contractor shall provide to the department:

   1. (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
   2. (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.

3. (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.

   1. (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.

4. (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.

   1. (b) The department may not require a contractor to recertify more than twice in any 12-month period.

5. (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.

   1. (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.
6. (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/.
7. (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.

8. (7)(a) Consultants that must comply with Section 72-6-107.5 must demonstrate compliance in their annual financial screening application.

   1. (b) The department must include in the contract a provision requiring the consultant and its subconsultants to maintain and confirm compliance with this rule.

KEY: contracts, health insurance, health insurance in state contracts

Date of Last Change: January 23, 2025

Notice of Continuation: November 6, 2024

Authorizing, and Implemented or Interpreted Law: 72-6-107.5