(1) (a) Unless expressly authorized by statute, a covered entity may not: (i) purchase insurance or self-fund any risk unless authorized by the risk manager; or (ii) procure or provide liability insurance for the state. (b) (i) Notwithstanding the provisions of Subsection (1)(a), the Utah Board of Higher Education may authorize higher education institutions to purchase insurance for, or self-fund, risks associated with their programs and activities that are not covered through the risk manager. (ii) The Utah Board of Higher Education shall provide copies of those purchased policies to the risk manager. (iii) The Utah Board of Higher Education shall ensure that the state is named as additional insured on any of those policies. (2) Each covered entity shall: (a) comply with reasonable risk related recommendations made by the risk manager; (b) participate in risk management training activities conducted or sponsored by the risk manager; (c) include the insurance, indemnification, and liability provisions prescribed by the risk manager in all state contracts, together with a statement certifying to the other party to the contract that the insurance and liability provisions in the contract are those prescribed by the risk manager; (d) upon request of the risk manager, provide written notice to the risk manager that construction and major remodeling plans relating to covered entity buildings and facilities to be covered by the Risk Management Fund are available for review at each principal design stage, for risk control purposes, and make them available to the risk manager for review and to provide recommendations; and (e) cooperate fully with requests from the risk manager for covered entity planning, program, or risk related information, and allow the risk manager to attend covered entity planning and management meetings. (3) Failure to include in the contract the provisions required by Subsection (2)(c) does not make the contract unenforceable by the state.
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