31A-8a-204 - Advertising restrictions and requirements. - Utah Statutes

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Statutes > Utah > Title-31a > Chapter-08a > 31a-8a-204

31A-8a-204. Advertising restrictions and requirements.
(1) An operator of a health discount program may not:
(a) use any form of words or terms that may confuse health discount programs with othertypes of health insurance in advertising or marketing such as "health plan," "health benefit plan,""coverage," "copay," "copayments," "preexisting conditions," "guaranteed issue," "premium," and"preferred provider";
(b) use other terms as designated by the commissioner by administrative rule inadvertisement or marketing that could reasonably mislead a consumer to believe that a discounthealth program is any other form of health insurance; or
(c) refer to sales representatives as "agents," "producers," or "consultants."
(2) A health discount program operator:
(a) must have a written agreement with any marketer of the health discount programprior to marketing, selling, promoting, or distributing the health discount programs;
(b) must file with the commissioner all advertisement, marketing materials, brochures,and discount programs prior to their use or distribution; and
(c) must make the following disclosures:
(i) in writing in at least 10-point type and bolded; and
(ii) with any marketing or advertising to the public and with any enrollment forms givento an enrollee:
(A) the program is not a health insurance policy;
(B) the program provides discounts only at certain health care providers for health careservices;
(C) the program holder is obligated to pay for all health care services but will receive adiscount from those health care providers who have contracted with the health discount program;and
(D) the corporate name and the location of the health discount program operator.
(3) A health discount program operator or marketer who sells the health discountprogram with another product must provide the consumer a written itemization of the fees of thehealth discount program separate from any fees or charges for the other product, which can bepurchased separately.

Enacted by Chapter 58, 2005 General Session

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-08a > 31a-8a-204

31A-8a-204. Advertising restrictions and requirements.
(1) An operator of a health discount program may not:
(a) use any form of words or terms that may confuse health discount programs with othertypes of health insurance in advertising or marketing such as "health plan," "health benefit plan,""coverage," "copay," "copayments," "preexisting conditions," "guaranteed issue," "premium," and"preferred provider";
(b) use other terms as designated by the commissioner by administrative rule inadvertisement or marketing that could reasonably mislead a consumer to believe that a discounthealth program is any other form of health insurance; or
(c) refer to sales representatives as "agents," "producers," or "consultants."
(2) A health discount program operator:
(a) must have a written agreement with any marketer of the health discount programprior to marketing, selling, promoting, or distributing the health discount programs;
(b) must file with the commissioner all advertisement, marketing materials, brochures,and discount programs prior to their use or distribution; and
(c) must make the following disclosures:
(i) in writing in at least 10-point type and bolded; and
(ii) with any marketing or advertising to the public and with any enrollment forms givento an enrollee:
(A) the program is not a health insurance policy;
(B) the program provides discounts only at certain health care providers for health careservices;
(C) the program holder is obligated to pay for all health care services but will receive adiscount from those health care providers who have contracted with the health discount program;and
(D) the corporate name and the location of the health discount program operator.
(3) A health discount program operator or marketer who sells the health discountprogram with another product must provide the consumer a written itemization of the fees of thehealth discount program separate from any fees or charges for the other product, which can bepurchased separately.

Enacted by Chapter 58, 2005 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-08a > 31a-8a-204

31A-8a-204. Advertising restrictions and requirements.
(1) An operator of a health discount program may not:
(a) use any form of words or terms that may confuse health discount programs with othertypes of health insurance in advertising or marketing such as "health plan," "health benefit plan,""coverage," "copay," "copayments," "preexisting conditions," "guaranteed issue," "premium," and"preferred provider";
(b) use other terms as designated by the commissioner by administrative rule inadvertisement or marketing that could reasonably mislead a consumer to believe that a discounthealth program is any other form of health insurance; or
(c) refer to sales representatives as "agents," "producers," or "consultants."
(2) A health discount program operator:
(a) must have a written agreement with any marketer of the health discount programprior to marketing, selling, promoting, or distributing the health discount programs;
(b) must file with the commissioner all advertisement, marketing materials, brochures,and discount programs prior to their use or distribution; and
(c) must make the following disclosures:
(i) in writing in at least 10-point type and bolded; and
(ii) with any marketing or advertising to the public and with any enrollment forms givento an enrollee:
(A) the program is not a health insurance policy;
(B) the program provides discounts only at certain health care providers for health careservices;
(C) the program holder is obligated to pay for all health care services but will receive adiscount from those health care providers who have contracted with the health discount program;and
(D) the corporate name and the location of the health discount program operator.
(3) A health discount program operator or marketer who sells the health discountprogram with another product must provide the consumer a written itemization of the fees of thehealth discount program separate from any fees or charges for the other product, which can bepurchased separately.

Enacted by Chapter 58, 2005 General Session