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Bills / H.B. 58

H.B. 58 Insurance Code Modifications

Became lawWritten by Rep. James A. Dunnigan · carried in the Senate by Sen. Evan J. Vickers

  1. Introduced
  2. House committee
  3. House vote
  4. Senate committee
  5. Senate vote
  6. Signed into law

What this bill does

The bill makes technical and policy changes to Utah insurance law. It lets the Insurance Department recover financial exam costs from insurers that refuse to pay, requires title agencies to report wire fraud and carry $500,000 in theft coverage, caps public adjuster fees at 10% or 20%, and creates rules for ambulance membership plans.

Plain-English summary written by AI from the sponsor’s presentation in committee and on the floor. Check the official text below.

Official description
  • defines terms
  • authorizes an insurance fraud investigator that the Insurance Department (department) employs to investigate crimes committed by a department licensee
  • amends provisions relating to a captive insurance company that is organized as a risk retention group
  • provides the type of experts the Insurance Commissioner (commissioner) may hire to conduct an examination of a licensee
  • provides that an entity that is subject to examination (examinee) shall pay the costs of an examination
  • provides that the commissioner may use a deposit an examinee makes to pay an examination cost an examinee fails to pay
  • requires that a deposit an examine makes shall first be used to pay for an unpaid examination cost
  • amends provisions relating to the service of process through a state officer
  • authorizes the commissioner to make rules governing the process for winding down the business of a resident agency title insurance producer
  • exempts a risk retention group from paying an annual fee with the department
  • amends provisions relating to money appropriated from the Captive Insurance Restricted Account
  • requires that an insurer file with the commissioner and the National Association of Insurance Commissioners a quarterly statement of the insurer's financial condition
  • amends provisions relating to the payment of dividends to include domestic mutual insurance holding companies
  • requires that a mutual insurer or mutual insurance company provide the commissioner with a notification before a dividend distribution
  • removes a civil penalty for a director or officer of an insurance holding company that commits certain violations
  • provides that an insurer may issue a group insurance policy offering life insurance to the trustees of a fund established, created, and maintained for the benefit of members of an association group
  • changes the day on which an insurer shall make an annual report
  • increases the liability coverage a title insurance producer shall maintain
  • amends provisions relating to the type of policies an individual title insurance producer and agency title insurance producer shall maintain
  • increases the amount of coverage an individual title insurance producer or agency title insurance producer shall maintain
  • provides that if an agency title insurance producer becomes aware of facts that indicate an electronic wire funds transfer did not reach the electronic wire funds transfer's intended recipient, the agency title insurance producer make a report of the facts
  • requires that a title insurer report to the commissioner the termination of an appointment of a title insurance producer
  • requires that a nonresident title insurance agency deposit a Utah home buyer's escrow in a depository institution's Utah branch
  • provides that an individual title insurance producer or agency title insurance producer notify the parties to a real estate transaction of a closing protection letter
  • provides that a title insurance licensee is not required to deposit money in a depository institution under certain circumstances
  • repeals certain reporting requirements relating to licensee compensation
  • provides that an insurer shall pay each claim submitted by an insured and a provider
  • amends provisions relating to required contracts involving a public adjuster
  • amends provisions relating to the compensation of a public adjuster
  • enacts provisions that authorize a property insurance policy to prohibit the assignment of property insurance policy rights and benefits
  • provides requirements for the funds a public adjuster holds
  • establishes public adjuster standards of conduct
  • establishes record retention requirements for a public adjuster
  • amends the standards for the conduct of a hearing the commissioner undertakes while engaging in an administrative action against an insurer
  • provides for the applicability of certain statutes to a risk retention group
  • amends the definition of the excess surplus of a captive insurance company
  • expands the authority of the commissioner to suspend or revoke the certificate of authority of a captive insurance company to conduct business in this state
  • changes the day on which an agency title insurance producer is required to pay an assessment
  • amends provisions relating to the actions the commissioner may take against a licensee
  • amends provisions relating to who is required to complete continuing education requirements
  • repeals training requirements related to a resident producer
  • provides that an ambulance membership organization is a limited health plan under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans
  • provides the registration requirements for an ambulance membership organization
  • provides the renewal process for an ambulance membership organization
  • provides that an ambulance membership organization shall submit an annual report to the commissioner
  • prohibits an ambulance membership organization from selling, offering for sale, or providing an ambulance membership contract to an individual enrolled in Medicaid
  • enacts marketing requirements and required disclosures for an ambulance membership organization
  • authorizes the commissioner to revoke or suspend an ambulance membership organization's license
  • exempts foreign ambulance membership organizations from certain sections of code
  • removes the director of the Department of Health and Human Services from an annual audit of internal quality control for an organization
  • repeals and amends provisions related to long-term care and long-term care insurance
  • addresses requirements for insurers that provide dental services to residents in Utah
  • requires insurers to allow dental providers to opt out of participation in dental plans under certain circumstances
  • addresses a dental insurer's obligation when a paper check is sent to a provider and is returned to the insurer
  • prohibits a dental insurer from imposing a fee for paying with a paper check
  • prohibits an insurer from interfering with an agreement for service between a patient and dental provider
  • addresses claim form requirements
  • requires an insurer to provide an explanation of benefits that addresses non-covered services to a patient and provider
  • makes technical and conforming changes
Full text and history on le.utah.gov →
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What it costs you

From the bill's latest official fiscal note, counting the state's tax funds (General, Income Tax, Education, Uniform School, and Transportation) in the first full budget year after the session. Some bills take effect partway through that year, so later years can be larger; the note shows each year. Household count: U.S. Census Bureau. An average is a starting point, not your bill.

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Every vote

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