50-4-111. Health care sharing ministry -- definition -- requirements.
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50-4-111 . Health care sharing ministry -- definition -- requirements.
(1)As used in this section, "health care sharing ministry" means a nonprofit organization:
(a)that is tax-exempt as described in section 501(c)(3) of the Internal Revenue Code and is exempt from taxation under section 501(a);
(b)whose members:
(i)share a common set of ethical or religious beliefs; and
(ii)share medical expenses among members in accordance with those beliefs without regard to the state in which a member resides or is employed;
(c)whose members retain membership even after developing a medical condition;
(d)that conducts an annual audit that is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and that is made available to the public on request; and
(e)that does not use a compensated or commissioned insurance producer, representative, or other person to solicit or enroll members in this state. This subsection (1)(e) does not apply to:
(i)a salaried person employed by the health care sharing ministry who does not receive a form of commission, compensation, or other valuable consideration based on the enrolling of new members; or
(ii)a new member referral program providing credit for existing members of the health care sharing ministry if the program is limited to credit for no more than six new members annually.
(2)A health care sharing ministry shall provide a written disclaimer in 12-point font on or accompanying all applications or guideline materials distributed by or on behalf of the health care sharing ministry that states in substance:
"NOTICE: The health care sharing ministry facilitating the sharing of medical expenses is not an insurance company and does not use insurance agents or pay commissions to insurance agents. The health care sharing ministry's guidelines and plan of operation are not an insurance policy. Without health care insurance, there is no guarantee that you, a fellow member, or any other person who is a party to the health care sharing ministry agreement will be protected in the event of illness or emergency.
Regardless of whether you receive any payment for medical expenses or whether the health care sharing ministry terminates, withdraws from the faith-based agreement, or continues to operate, you are always personally responsible for the payment of your own medical bills. If your participation in the health care sharing ministry ends, state law may subject you to a waiting period before you are able to apply for health insurance coverage."