Utah State Legislature

            As used in this chapter:

            (1) "Account administrator" means any of the following:

            (a) a depository institution as defined in Section 7-1-103;

            (b) a trust company as defined in Section 7-1-103;

            (c) an insurance company authorized to do business in this state under this title;

            (d) a third party administrator licensed under Section 31A-25-203; and

            (e) an employer if the employer has a self-insured health plan under ERISA.

            (2) "Account holder" means the resident individual who establishes a medical care savings account or for whose benefit a medical care savings account is established.

            (3) "Deductible" means the total deductible for an employee and all the dependents of that employee for a calendar year.

            (4) "Dependent" means the same as "dependent" under Section 31A-30-103.

            (5) "Eligible medical expense" means an expense paid by the taxpayer for:

            (a) medical care described in Section 213(d), Internal Revenue Code;

            (b) the purchase of a health coverage policy, certificate, or contract, including a qualified higher deductible health plan; or

            (c) premiums on long-term care insurance policies as defined in Section 31A-1-301.

            (6) "Employee" means the individual for whose benefit or for the benefit of whose dependents a medical care savings account is established. Employee includes a self-employed individual.

            (7) "ERISA" means the Employee Retirement Income Security Act of 1974, Public Law 93-406, 88 Stat. 829.

            (8) "Higher deductible" means a deductible of not less than $1,000.

            (9) "Medical care savings account" or "account" means a trust account established at a depository institution in this state pursuant to a medical care savings account program to pay the eligible medical expenses of:

            (a) an employee or account holder; and

            (b) the dependents of the employee or account holder.

            (10) "Medical care savings account program" or "program" means one of the following programs:

            (a) a program established by an employer in which the employer:

            (i) purchases a qualified higher deductible health plan for the benefit of an employee and the employee's dependents; and

            (ii) contributes on behalf of an employee into a medical care savings account; or

            (b) a program established by an account holder in which the account holder:

            (i) purchases a qualified higher deductible health plan for the benefit of the account holder and the account holder's dependents; and

            (ii) contributes an amount to the medical care savings account.

            (11) "Qualified higher deductible health plan" means a health coverage policy, certificate, or contract that:

            (a) provides for payments for covered benefits that exceed the higher deductible; and

            (b) is purchased by:

            (i) an employer for the benefit of an employee for whom the employer makes deposits into a medical care savings account; or

            (ii) an account holder.

Amended by Chapter 116, 2001 General Session