US Lawyer Database

Effective 5/4/2022
31A-22-657. Application of health insurance mandates.

  • (1) As used in this section:
    • (a) “Cost-sharing requirement” means a copayment, coinsurance, or deductible required by or on behalf of an enrollee in order to receive a benefit under a qualified high-deductible health plan.
    • (b) “Health savings account” means the same as that term is defined in 26 U.S.C. Sec. 223(d)(1).
    • (c) “Qualified high-deductible health plan” means a high-deductible health plan as defined in 26 U.S.C. Sec. 223(c)(2)(A) that is used in conjunction with a health savings account.
    • (d) “Cost-sharing mandate” means a statutory requirement limiting a cost-sharing requirement.
  • (2)
    • (a) Except as provided in Subsection (2)(b), if under federal law, a cost-sharing mandate would result in an enrollee becoming ineligible for a health savings account, the cost-sharing mandate applies only to the enrollee’s qualified high-deductible health plan after the enrollee satisfies the enrollee’s health plan deductible.
    • (b) Subsection (2)(a) does not apply to an item or service that is preventive care under 26 U.S.C. Sec. 223(c)(2)(C).

Enacted by Chapter 198, 2022 General Session