1. (1) For purposes of this section, "insurer":

   1. (a) is defined in Subsection 31A-22-634(1); and
   2. (b) includes the state employee's risk pool under Section 49-20-202.

2. (2)

   1. (a) Insurers offering a health benefit plan to an individual or small employer shall use a uniform application form.

   2. (b) The uniform application form:

      1. (i) may not include questions about an applicant's health history; and
      2. (ii) shall be shortened and simplified in accordance with rules adopted by the commissioner.

   3. (c) Insurers offering a health benefit plan to a small employer shall use a uniform waiver of coverage form, which may not include health status related questions, and is limited to:

      1. (i) information that identifies the employee;
      2. (ii) proof of the employee's insurance coverage; and
      3. (iii) a statement that the employee declines coverage with a particular employer group.
3. (3) Notwithstanding the requirements of Subsection (2)(a), the uniform application and uniform waiver of coverage forms may, if the combination or modification is approved by the commissioner, be combined or modified to facilitate a more efficient and consumer friendly experience for insurers using electronic applications.

4. (4)

   1. (a) The uniform application form, and uniform waiver form, shall be adopted and approved by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
   2. (b) The commissioner shall regulate the fees charged by insurers to an enrollee for a uniform application form or electronic submission of the application forms.

Amended by Chapter 292, 2017 General Session