2011 Utah Code
Title 31A Insurance Code
Chapter 30 Individual, Small Employer, and Group Health Insurance Act
Section 111 Limitations on high risk enrollees.

31A-30-111. Limitations on high risk enrollees.
(1) (a) The requirements of this chapter do not apply to any carrier that is currently in a state of supervision, insolvency, or liquidation.
(b) If a carrier demonstrates to the satisfaction of the commissioner that the requirements of this chapter would place the carrier in a state of supervision, insolvency, or liquidation the commissioner may waive or modify the requirements of Sections 31A-30-108 and 31A-30-110.
(2) (a) A modification or waiver by the commissioner under Subsection (1)(b) shall be effective for a period of not more than one year.
(b) At the end of the period described in Subsection (2)(a), a carrier is subject to Sections 31A-30-108 and 31A-30-110 unless the carrier demonstrates to the satisfaction of the commissioner the need for a modification or waiver in accordance with Subsection (1)(b).
(3) Notwithstanding the requirements of this chapter, a carrier may deny health benefit plan coverage in the small employer and individual market if the carrier demonstrates to the satisfaction of the commissioner that the carrier:
(a) does not have the financial reserves necessary to underwrite additional coverage;
(b) is applying this section uniformly to all small employers and individuals without regard to:
(i) any health status-related factor of the individuals; or
(ii) whether the individuals are eligible individuals.