1. (1) A person shall comply with the provisions of this chapter if the person operates a health discount program in this state.

2. (2) Notwithstanding any provision in this title, a person who only operates or markets a health discount program is exempt from:

   1. (a) Section 31A-4-113;
   2. (b) Section 31A-4-113.5;
   3. (c) Chapter 6a, Service Contracts;
   4. (d) Chapter 7, Nonprofit Health Service Insurance Corporations;
   5. (e) Section 31A-8-209;
   6. (f) Section 31A-8-211;
   7. (g) Section 31A-8-214;
   8. (h) Chapter 9, Insurance Fraternals, Chapter 10, Annuities, Chapter 11, Motor Clubs, and Chapter 12, State Risk Management Fund;
   9. (i) Chapter 17, Determination of Financial Condition, and Chapter 18, Investments;
   10. (j) Chapter 19a, Utah Rate Regulation Act;
   11. (k) Sections 31A-23a-103 and 31A-23a-104;
   12. (l) Chapter 25, Third Party Administrators, and Chapter 26, Insurance Adjusters;
   13. (m) Chapter 28, Guaranty Associations; and
   14. (n) Chapter 35, Bail Bond Act, Chapter 36, Life Settlements Act, Chapter 37, Captive Insurance Companies Act, and Chapter 38, Federal Health Care Tax Credit Program Act.

3. (3) A person licensed under this title as an accident and health insurer or health maintenance organization:

   1. (a) is not required to obtain a license as required by Section 31A-8a-201 to operate a health discount program; and
   2. (b) is required to comply with all other provisions of this chapter.

4. (4) The purposes of this chapter include:

   1. (a) full disclosure in the sale of health discount programs;
   2. (b) reasonable regulation of the marketing and disclosure practices of health discount program operators; and
   3. (c) licensing standards for health discount programs.
5. (5) Nothing in this chapter prohibits a health discount program operator from marketing a health discount program operator's own services without a health discount program marketer license.

Amended by Chapter 258, 2015 General Session