2006 Utah Code - 31A-4-106 — Provision of health care.

     31A-4-106.   Provision of health care.
     (1) As used in this section, "health care provider" has the same definition as in Section 78-14-3.
     (2) Except under Subsection (3) or (4), a person may not directly or indirectly provide health care, or arrange for, manage, or administer the provision or arrangement of, collect advance payments for, or compensate providers of health care unless authorized to do so or employed by someone authorized to do so under Chapter 5, 7, 8, 9, or 14.
     (3) Subsection (2) does not apply to:
     (a) a natural person or professional corporation that alone or with others professionally associated with the natural person or professional corporation, and without receiving consideration for services in advance of the need for a particular service, provides the service personally with the aid of nonprofessional assistants;
     (b) a health care facility as defined in Section 26-21-2 which:
     (i) is licensed or exempt from licensing under Title 26, Chapter 21; and
     (ii) does not engage in health care insurance as defined under Section 31A-1-301;
     (c) a person who files with the commissioner under Section 31A-1-105 a certificate from the United States Department of Labor, or other evidence satisfactory to the commissioner, showing that the laws of Utah are preempted under Section 514 of the Employee Retirement Income Security Act of 1974 or other federal law;
     (d) a person licensed under Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries, who has arranged for the insurance of all services under:
     (i) Subsection (2) by an insurer authorized to do business in Utah;
     (ii) Section 31A-15-103; or
     (iii) works for an uninsured employer that complies with Chapter 13; or
     (e) an employer that self-funds its obligations to provide health care services or indemnity for its employees if the employer complies with Chapter 13.
     (4) A person may not provide administrative or management services for any other person subject to Subsection (2) and not exempt under Subsection (3) unless the person is an authorized insurer under Chapter 5, 7, 8, 9, or 14, or complies with Chapter 25.
     (5) It is unlawful for any insurer or person providing, administering, or managing health care insurance under Chapter 5, 7, 8, 9, or 14 to enter into a contract that limits a health care provider's ability to advise the health care provider's patients or clients fully about treatment options or other issues that affect the health care of the health care provider's patients or clients.

Amended by Chapter 298, 2003 General Session