Terms Used In Utah Code > Title 63G > Chapter 33 - Free Exercise of Religion

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Demonstrates: means to produce the evidence necessary to meet, and to meet, the burden of persuasion. See Utah Code 63G-33-101
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Enrollee: includes an insured. See Utah Code 31A-1-301
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Free exercise of religion: means the right to act or refuse to act in a manner substantially motivated by a sincerely held religious belief, regardless of whether the exercise is compulsory or central to a larger system of religious belief. See Utah Code 63G-33-101
• Government action: includes :
       (3)(a) a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
       (3)(b) the application of a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
       (3)(c) any action taken by, or on behalf of, a government entity;
       (3)(d) action taken by a person other than a government entity to:

            (3)(d)(i) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;

            (3)(d)(ii) compel a government entity to act;

            (3)(d)(iii) prohibit a government entity from acting; or

            (3)(d)(iv) utilize an administrative or judicial proceeding of a government entity, or an instrumentality or function of a government entity, to exert government power, authority, or influence. See Utah Code 63G-33-101
• Government entity: includes an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a person described in Subsection (4)(a). See Utah Code 63G-33-101
• Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
       (83)(a) a professional service;
       (83)(b) a personal service;
       (83)(c) a facility;
       (83)(d) equipment;
       (83)(e) a device;
       (83)(f) supplies; or
       (83)(g) medicine. See Utah Code 31A-1-301
• health insurance: means insurance providing:
            (84)(a)(i) a health care benefit; or
            (84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
• Independent entity: means the same as that term is defined in Section 63E-1-102. See Utah Code 63G-33-101
• Individual: means a natural person. See Utah Code 31A-1-301
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
            (103)(a)(i) a policyholder;
            (103)(a)(ii) a subscriber;
            (103)(a)(iii) a member; and
            (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
• Network provider: means a health care provider who has an agreement with a managed care organization to provide health care services to an enrollee with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. See Utah Code 31A-1-301
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Plan year: means :
       (149)(a) the year that is designated as the plan year in:

            (149)(a)(i) the plan document of a group health plan; or

            (149)(a)(ii) a summary plan description of a group health plan;
       (149)(b) if the plan document or summary plan description does not designate a plan year or there is no plan document or summary plan description:

            (149)(b)(i) the year used to determine deductibles or limits;

            (149)(b)(ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis; or

            (149)(b)(iii) the employer's taxable year if:

                 (149)(b)(iii)(A) the plan does not impose deductibles or limits on a yearly basis; and

                 (149)(b)(iii)(B)

                      (149)(b)(iii)(B)(I) the plan is not insured; or

                      (149)(b)(iii)(B)(II) the insurance policy is not renewed on an annual basis; or
       (149)(c) in a case not described in Subsection (149)(a) or (b), the calendar year. See Utah Code 31A-1-301
• Policy: includes a service contract issued by:
            (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
            (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
            (150)(b)(iii) a corporation licensed under:

                 (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or

                 (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Substantially burden: includes :
            (6)(b)(i) any of the following in response to, or as a consequence of, the person's free exercise of religion:

                 (6)(b)(i)(A) withholding a government benefit;

                 (6)(b)(i)(B) assessing criminal, civil, or administrative penalties or damages; or

                 (6)(b)(i)(C) excluding a person from a government program or from access to a government facility or service; and
            (6)(b)(ii) a burden described in Subsections (6)(a) and (b)(i), regardless of whether the burden is:

                 (6)(b)(ii)(A) imposed by:

                      (6)(b)(ii)(A)(I) law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;

                      (6)(b)(ii)(A)(II) the application of law, statute, rule, policy, order, or other assertion of governmental authority; or

                      (6)(b)(ii)(A)(III) any other means;

                 (6)(b)(ii)(B) applied or enforced by, or on behalf of, a government entity; or

                 (6)(b)(ii)(C) applied or enforced by, or on behalf of, a person other than a government entity to:

                      (6)(b)(ii)(C)(I) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;

                      (6)(b)(ii)(C)(II) compel a government entity to act;

                      (6)(b)(ii)(C)(III) prohibit a government entity from acting; or

                      (6)(b)(ii)(C)(IV) utilize an administrative or judicial proceeding of a government entity, or an instrumentality or function of a government entity, to exert government power, authority, or influence. See Utah Code 63G-33-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5