2006 Utah Code - 75-2-1117 — No insurance or health care provider may require a directive.

     75-2-1117.   No insurance or health care provider may require a directive.
     (1) The making of a directive under this part does not affect in any manner:
     (a) the obligation of any life or medical insurance company regarding any policy of life or medical insurance;
     (b) the sale, procurement, or issuance of any policy of life or health insurance; or
     (c) the terms of any existing policy.
     (2) A policy is not legally impaired or invalidated in any manner by the withholding or withdrawing of life-sustaining procedures or by the following of any directions in a directive executed as provided in this part, notwithstanding any terms of any policy to the contrary. Following procedures directed in a directive does not constitute legal cause for failing to promptly pay life insurance or health insurance benefits.
     (3) A physician or other provider of medical services, a health care service, a planned health maintenance organization, an insurer issuing disability, health, or life insurance, a self-insured employee welfare or benefit plan, a nonprofit medical service corporation or mutual nonprofit hospital service corporation or any other person, firm, or entity may not require a person to execute a directive under this part as a condition for being insured for or receiving health care or life insurance contract services. However, nothing in this part may be construed to require any insurer to insure risks otherwise deemed unsuitable.
     (4) Nothing in this part is intended to impair or supersede any other legal right or legal responsibility which a person may have to effect the withholding or withdrawal of life-sustaining procedures in any lawful manner.
     (5) This part creates no presumption concerning the intention of a person who has not executed a directive to consent to or refuse the use or withholding of life-sustaining or other medical procedures.

Enacted by Chapter 173, 1985 General Session