2006 Utah Code - 31A-29-104 — Creation of pool -- Board of directors -- Appointment -- Terms -- Quorum -- Plan preparation.

     31A-29-104.   Creation of pool -- Board of directors -- Appointment -- Terms -- Quorum -- Plan preparation.
     (1) There is created the "Utah Comprehensive Health Insurance Pool," a nonprofit entity within the Insurance Department.
     (2) The pool shall be under the direction of a board of directors composed of 12 members.
     (a) The governor shall appoint ten of the directors with the consent of the Senate as follows:
     (i) two representatives of health insurance companies or health service organizations;
     (ii) one representative of a health maintenance organization;
     (iii) one physician;
     (iv) one representative of hospitals;
     (v) one representative of the general public who is reasonably expected to qualify for coverage under the pool;
     (vi) one parent or spouse of such an individual;
     (vii) one representative of the general public;
     (viii) one representative of employers; and
     (ix) one licensed producer with an accident and health line of authority.
     (b) The board shall also include:
     (i) the commissioner or the commissioner's designee; and
     (ii) the executive director of the Department of Health or the executive director's designee.
     (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
     (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
     (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as the original appointment was made.
     (5) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 from the Pool Fund.
     (ii) Members may decline to receive per diem and expenses for their service.
     (b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the pool at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) A state government member who is a member because of their state government position may not receive per diem or expenses for their service.
     (iii) State government officer and employee members may decline to receive per diem and expenses for their service.
     (6) The board shall elect annually a chair and vice chair from its membership.
     (7) Six board members are a quorum for the transaction of business.
     (8) The action of a majority of the members of the quorum is the action of the board.

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     (9) The board shall submit a plan of operation to the commissioner no later than January 1, 1991.
     (10) The sale of policies under this chapter shall commence on July 1, 1991, or as soon thereafter as adequate funding for the coverage is available as determined by the commissioner.

Amended by Chapter 2, 2004 General Session