LONG TITLE
General Description:
This bill regulates certain contract provisions for dental services.
Highlighted Provisions:
This bill:
- defines terms;
- prohibits a dental insurer from setting fees for dental services that are not covered services under dental insurance; and
- applies to dental plans entered into or renewed on or after January 1, 2018.
Utah Code Sections Affected:
ENACTS:
31A-22-645, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 31A-22-645 is enacted to read:
31A-22-645. Dental insurance -- Contract provision for noncovered services.
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(1) For purposes of this section:
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(a) "Covered services" means dental services for which reimbursement:
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(i) (A) is available under an enrollee's dental plan; or
- (B) would be available but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments, or any other limitation; and
- (ii) is not merely nominal, for the purpose of avoiding the requirements of this section.
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(b) "Dental plan" means:
- (i) a health benefit plan that includes coverage for dental services; and
- (ii) a policy or certificate that provides coverage solely for dental services.
- (c) "Dentist" means an individual licensed under Tile 58, Chapter 69, Dentist and Dental Hygienist Practice Act.
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(2) (a) This section applies to:
- (i) a dental plan that is entered into or renewed on or after January 1, 2018; and
- (ii) an administrator providing third-party administration services or a provider network for a dental plan.
- (b) This section does not apply to a self-insured dental plan that is regulated by federal law.
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(3) A contract between a dental plan and a dentist to provide contracted services may not:
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(a) require, directly or indirectly, that a dentist provide dental services to a covered individual at a fee set by, or a fee subject to the approval of, the dental plan unless:
- (i) the dental services are covered services under the dental plan; or
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(ii) (A) the dental services are not reimbursed by the dental plan;
- (B) the dental services are discounted for individuals who are part of a discount dental rates plan; and
- (C) the dentist who provided the dental services has elected to participate in the discount dental rates plan; and
- (b) prohibit a dentist from offering or providing noncovered dental services to a covered individual at a fee determined by the dentist and the individual who will receive the
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