Utah Code 75A-3-305. Advance health care directive effect on insurance policies
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(1) If an adult makes an advance health care directive under this chapter, the advance health care directive does not affect in any manner:
Terms Used In Utah Code 75A-3-305
- Adult: means an individual who is:(1)(a) at least 18 years old; or(1)(b) an emancipated minor. See Utah Code 75A-3-101
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75A-3-101
- Health care facility: means :
(17)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and(17)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75A-3-101- Health care provider: means the same as that term is defined in Section
78B-3-403 , except that "health care provider" does not include an emergency medical services provider. See Utah Code 75A-3-101- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Surrogate: means a health care decision maker who is:
(31)(a) an appointed agent;(31)(b) a default surrogate under the provisions of Section75A-3-203 ; or(31)(c) a guardian. See Utah Code 75A-3-101(1)(a) the obligation of any life or medical insurance company regarding any policy of life or medical insurance;(1)(b) the sale, procurement, or issuance of any policy of life or health insurance; or(1)(c) the terms of any existing policy.(2)(2)(a) Notwithstanding any terms of an insurance policy to the contrary, an insurance policy is not legally impaired or invalidated in any manner by:(2)(a)(i) withholding or withdrawing life sustaining procedures; or(2)(a)(ii) following directions in an advance health care directive executed as provided in this chapter.(2)(b) Following health care instructions in an advance health care directive does not constitute legal cause for failing to pay life or health insurance benefits.(2)(c) Death that occurs after following the instructions of an advance health care directive or a surrogate‘s instructions does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit.(3)(3)(a) The following may not require an adult to execute an advance health care directive or to make any particular choices or entries in an advance health care directive under this chapter as a condition for being insured for or receiving health care or life insurance contract services:(3)(a)(i) a health care provider;(3)(a)(ii) a health care facility;(3)(a)(iii) a health maintenance organization;(3)(a)(iv) an insurer issuing disability, health, or life insurance;(3)(a)(v) a self-insured employee welfare or benefit plan;(3)(a)(vi) a nonprofit medical service corporation or mutual nonprofit hospital service corporation; or(3)(a)(vii) any other person, firm, or entity.(3)(b) Nothing in this chapter:(3)(b)(i) may be construed to require an insurer to insure risks otherwise considered by the insurer as not a covered risk;(3)(b)(ii) is intended to impair or supersede any other legal right or legal responsibility which an adult may have to effect the withholding or withdrawal of life sustaining procedures in any lawful manner; or(3)(b)(iii) creates any presumption concerning the intention of an adult who has not executed an advance health care directive.