1. (1) Except as provided in Subsection 31A-8a-103(3), prior to operating or marketing a health discount program, a person shall:

   1. (a) be authorized to transact business in this state; and
   2. (b) be licensed by the commissioner.

2. (2)

   1. (a) An application for licensure under this chapter shall be filed with the commissioner on a form prescribed by the commissioner.

   2. (b) The application shall be sworn to by an officer or authorized representative of the health discount program and shall include:

      1. (i) articles of incorporation with bylaws or other enabling documents that establish the organizational structure;

      2. (ii) information required by the commissioner by administrative rule which the commissioner determines is necessary to:

         1. (A) identify and locate principals, operators, and marketers involved with the health discount program; and
         2. (B) protect the interests of enrollees of health discount programs, health care providers, and consumers;
      3. (iii) biographical information, and when requested by the commissioner, a criminal background check, under the provisions of Subsection 31A-23a-105(3);
      4. (iv) the disclosures required in Section 31A-8a-203; and
      5. (v) the fee established in accordance with Section 31A-3-103.

Amended by Chapter 135, 2013 General Session