(1) With respect to a health insurance policy or managed care organization contract that does not allow an insured to have direct access to a health care specialist, the insurer shall establish and implement a procedure by which an insured may obtain a standing referral to a health care specialist.

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Terms Used In Utah Code 31A-22-628

  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • 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
  • Managed care organization: means a person:
         (122)(a) licensed as a health maintenance organization under Chapter 8, Health Maintenance Organizations and Limited Health Plans; or
         (122)(b)
              (122)(b)(i) licensed under:
                   (122)(b)(i)(A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
                   (122)(b)(i)(B) Chapter 7, Nonprofit Health Service Insurance Corporations; or
                   (122)(b)(i)(C) Chapter 14, Foreign Insurers; and
              (122)(b)(ii) that requires an enrollee to use, or offers incentives, including financial incentives, for an enrollee to use, network providers. 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
(2) The procedure established under Subsection (1):

     (2)(a) shall provide for a standing referral to a specialist if the insured’s primary care provider determines, in consultation with the specialist, that the insured needs continuing care from the specialist; and
     (2)(b) may require the insurer’s approval of a treatment plan designed by the specialist, in consultation with the primary care provider and the insured, which may include:

          (2)(b)(i) a limit on the number of visits to the specialist;
          (2)(b)(ii) a time limit on the duration of the referral; and
          (2)(b)(iii) mandatory updates on the insured’s condition.