{"data":{"id":"us-ut/utah-code-31a-30-106.7","jurisdiction":"us-ut","citation":"Utah Code § 31A-30-106.7","heading":"Surcharge for groups changing carriers.","body":"(1)\n(a) Except as provided in Subsection (1)(b), if prior notice is given, a covered carrier may impose upon a small group that changes coverage to that carrier from another carrier a one-time surcharge of up to 25% of the annualized premium that the carrier could otherwise charge under Section 31A-30-106.1.\n(b) A covered carrier may not impose the surcharge described in Subsection (1)(a) if:\n(i) the change in carriers occurs on the anniversary of the plan year, as defined in Section 31A-1-301;\n(ii) the previous coverage was terminated under Subsection 31A-22-618.6(5);\n(iii) employees from an existing group form a new business; and\n(iv) the surcharge is not applied uniformly to all similarly situated small groups.\n(2) A covered carrier may not impose the surcharge described in Subsection (1) if the offer to cover the group occurs at a time other than the anniversary of the plan year because:\n(a)\n(i) the application for coverage is made prior to the anniversary date in accordance with the covered carrier's published policies; and\n(ii) the offer to cover the group is not issued until after the anniversary date; or\n(b)\n(i) the application for coverage is made prior to the anniversary date in accordance with the covered carrier's published policies; and\n(ii) additional underwriting or rating information requested by the covered carrier is not received until after the anniversary date.\n(3) If a covered carrier chooses to apply a surcharge under Subsection (1), the application of the surcharge and the criteria for incurring or avoiding the surcharge shall be clearly stated in the:\n(a) written application materials provided to the applicant at the time of application; and\n(b) written producer guidelines.\n(4) The commissioner shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure compliance with this section.","path":["Title 31A Insurance Code","Chapter 31A-30 Individual, Small Employer, and Group Health Insurance Act","Part 31A-30-1 Individual and Small Employer Group"],"source_url":"https://le.utah.gov/xcode/Title31A/Chapter30/31A-30-S106.7.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"7dc5c2d6ae6f8e4589b2f044abbb928fa63e08f998034a5533d6add97db04d38","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-31a-30-106.5","next":"us-ut/utah-code-31a-30-107.5"},"notice":"GroundRules: Original legal text. Not legal advice."}