Utah Code 31A-22-660. Definitions — Prohibitions concerning organ harvesting — Severability
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(1) As used in this section, “forced organ harvesting” means the removal of one or more organs from a living individual, or from an individual killed for the purpose of removal of one or more of the individual’s organs, by means of coercion, abduction, deception, fraud, or abuse of power or a position of vulnerability.
Terms Used In Utah Code 31A-22-660
- Application: means a document:(10)(a)(10)(a)(i) completed by an applicant to provide information about the risk to be insured; and(10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:(10)(a)(ii)(A) insure the risk under:(10)(a)(ii)(A)(I) the coverage as originally offered; or(10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or(10)(a)(ii)(B) decline to insure the risk; or(10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
- Department: means the Insurance Department. See Utah Code 31A-1-301
- Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
- Fraud: Intentional deception resulting in injury to another.
- 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- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) An issuer of accident and health insurance may not cover a human organ transplant or post-transplant care if:(2)(a) the human organ transplant operation is performed in the People’s Republic of China or any other country known to have participated in forced organ harvesting, as designated pursuant to Subsection (3); or(2)(b) the human organ to be transplanted was procured by sale or donation originating in the People’s Republic of China or any other country known to have participated in forced organ harvesting, as designated pursuant to Subsection (3).(3)(3)(a) The deputy director of the Department of Health and Human Services described in Subsection26B-1-203 (4) may designate additional countries with governments that fund, sponsor, or otherwise facilitate forced organ harvesting.(3)(b) If the deputy director designates an additional country under Subsection (3)(a), the deputy director shall provide written notice to the executive director of the Department of Health and Human Services and the insurance commissioner.(4) If any provision of this section or the application of any provision of this section to any person or circumstance is held to be invalid, the remainder of this section shall be given effect without the invalid provision or application. The provisions of Section31A-22-661 are severable.