reglab/housing_qa huggingface dataset:
ID Code § 41-4106 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4106 - GRANT OR DENIAL OF APPLICATION.

41-4106. GRANT OR DENIAL OF APPLICATION. The director shall act upon an application for registration of a joint public agency self-funded plan with all reasonable promptness. He may make a reasonable investigation of the proposal from the public agency. If the director finds that the application is complete and that the plan meets the qualifications stated in section 41-4104, Idaho Code, he shall issue and deliver a certificate of registration in appropriate form to the applicant; otherwise, the director shall refuse to register the plan and shall give written notice of such refusal to the applicant, stating the reasons therefor.  History: [41-4106, added 2006, ch. 415, sec. 1, p. 1274.]
ID Code § 41-4107 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4107 - TRUST FUND — POWERS.

41-4107. TRUST FUND — POWERS. In addition to the inherent applicable powers of its public agency members and those of a joint powers entity, the trust fund of a joint public agency self-funded plan shall have power: (1) To have and use an appropriate descriptive name; (2) To sue and be sued in its own name; (3) To contract in its own name. All such contracts in writing shall be signed by the chairman of the board or his or her designee; (4) To borrow money and give security therefor; and (5) To engage exclusively in transactions authorized or required by this chapter, or reasonably incidental thereto.  History: [41-4107, added 2006, ch. 415, sec. 1, p. 1274.]
ID Code § 41-4108 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4108 - TRUST FUND LIABILITY.

41-4108. TRUST FUND LIABILITY. (1) The trust fund of a joint public agency self-funded plan shall be legally liable for payment of all applicable benefits stated in the statement or schedule of benefits in effect at the time a claim thereunder arises and subject to the terms of the joint powers agreement. (2) Funds in the trust fund are fiduciary funds, and are not liable for any obligation of any employer participant in the plan, nor subject to garnishment or levy for the obligation of the beneficiary. This subsection (2) shall not be deemed to prohibit levy upon the trust fund by any provider thereof, or its assignee, for health care services rendered a beneficiary if the trust fund has theretofore agreed in writing to pay for the same direct to such provider.  History: [41-4108, added 2006, ch. 415, sec. 1, p. 1275.]
ID Code § 41-4109 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4109 - INVESTMENT OF TRUST FUND.

41-4109. INVESTMENT OF TRUST FUND. (1) The board may invest reserves and other funds available for the purpose in the trust fund of a joint public agency self-funded plan in the following kinds of investments only: (a) General obligations of the United States government, or of any state, district, commonwealth or territory of the United States, or of any municipality, county, or other political subdivision or agency thereof. (b) Obligations, the payment of principal and interest of which is guaranteed by any such government or agency. (c) Corporate bonds and similar obligations meeting the requirements specified for investment of funds of insurers under section 41-711, Idaho Code. (d) Collateral loans, payment of principal and interest of which is adequately secured by securities in which the trust fund could lawfully invest directly. (e) Deposits, savings accounts, and share accounts in established banks and savings and loan associations located in the United States. (2) In addition to investments excluded under subsection (1) of this section, the board is expressly prohibited from investing trust fund moneys in: (a) Any loan to or security of any employer participating in the plan, or to or of any officer, director, subsidiary or affiliate of any such employer. (b) The security of any person in which a member of the board, administrator, or any consultant of the plan has a direct or indirect material pecuniary interest. (c) Real estate or loans thereon. (d) Any personal loan, other than a collateral loan referred to in subsection (1)(d) of this section, but subject to paragraphs (a) and (b) of this subsection (2). (3) All such investments shall be made and held in the name of the trust fund, and the interest and yield thereon shall inure to the account of the trust fund. (4) No investment shall be made unless authorized in writing by the board and so shown in the records of the trust fund. (5) Any person who authorizes any investment of trust fund moneys in violation of this section shall, in addition to other penalty therefor, be liable for all loss suffered by the trust fund on account of the investment. (6) No investment made in violation of this section shall constitute an "asset" in any determination of the financial condition of the trust fund.  History: [41-4109, added 2006, ch. 415, sec. 1, p. 1275.]
ID Code § 41-4110 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4110 - RESERVES.

41-4110. RESERVES. (1) A joint public agency self-funded plan shall establish and maintain in its trust fund the following reserves: (a) A reserve in an amount as certified by a member of the American academy of actuaries as being necessary for payment of claims against the trust fund for benefits, including both claims reported and not yet paid and claims incurred but not yet reported. Any joint public agency self-funded plan in existence as of July 1, 2006, shall also have three (3) years from the effective date of this act to fund the applicable reserves. (b) If under the plan periodic contributions of either the employer or employees to the trust fund are payable less frequently than monthly, there shall be a reserve for unearned contributions as computed pro rata on the basis of the unexpired portion of the period for which the contribution has been paid. (2) In any determination of the financial condition of the trust fund, the claims reserve and reserve for unearned contributions shall constitute liabilities. (3) Upon request of a plan, the director shall have the authority to annually waive the requirement that the plan maintain aggregate stop-loss coverage if: (a) The joint public agency self-funded plan established by a joint powers agreement is governed by a board of trustees and is operating as a public agency; (b) Enrollment under the plan averages a minimum of one thousand (1,000) covered persons in each of the preceding twelve (12) months; (c) The plan establishes and maintains, in its trust fund, reserves as set forth in subsection (1)(a) of this section; and (d) The plan establishes and maintains, in its trust fund, surplus of at least the amount certified annually by a member of the American academy of actuaries as sufficient without aggregate stop-loss coverage, but no less than three (3) months of contributions.  History: [41-4110, added 2006, ch. 415, sec. 1, p. 1276; am. 2018, ch. 61, sec. 3, p. 152.]
ID Code § 41-4111 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4111 - RECORDS AND ACCOUNTS — ANNUAL STATEMENT.

41-4111. RECORDS AND ACCOUNTS — ANNUAL STATEMENT. (1) The board of a joint public agency self-funded plan shall cause full and accurate records and accounts to be entered and maintained covering all financial transactions and affairs of the trust fund. (2) Within ninety (90) days after the close of a fiscal year of the plan, the board shall make an annual statement in writing summarizing the financial transactions of the trust fund for such fiscal year and its financial condition at the end of such year in accordance with this chapter and generally accepted and applicable accounting principles. The statement shall be in the form as prescribed by the director and the financial information therein shall be certified by an independent public accountant by whom such information was prepared. The board shall keep a copy thereof on file in the business office of the plan where it shall be available at all reasonable times for a period of not less than three (3) years for review by any beneficiary and shall deliver a copy of a financial summary to each participating employer. (3) On or before expiration of such ninety (90) day period the board shall cause an original of the annual statement to be filed with the director. The joint public agency self-funded plan shall not be subject to any filing fees provided for by rule. The director may grant a thirty (30) day extension of the time for filing the annual statement. (4) The board shall also file quarterly supplemental financial reports in a form and at the times prescribed by the director. (5) The annual and quarterly reports required under this section are public records and are available to the public, notwithstanding the exemptions from disclosure provided in chapter 1, title 74, Idaho Code.  History: [41-4111, added 2006, ch. 415, sec. 1, p. 1276; am. 2010, ch. 96, sec. 3, p. 185; am. 2015, ch. 141, sec. 114, p. 463.]
ID Code § 41-4112 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4112 - TAXES — EXEMPTION.

41-4112. TAXES — EXEMPTION. Any plan established under this chapter is not subject to any state tax, including a premium or maintenance tax.  History: [41-4112, added 2006, ch. 415, sec. 1, p. 1277.]
ID Code § 41-4113 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4113 - EXAMINATION OF BOOKS, RECORDS AND ACCOUNTS.

41-4113. EXAMINATION OF BOOKS, RECORDS AND ACCOUNTS. (1) The books, records, accounts and affairs of a joint public agency self-funded plan shall be subject to examination by the director, by competent examiners duly authorized by him in writing, at such times or intervals as the director deems advisable. The purposes of the examination shall be to determine compliance of the plan with applicable laws, financial condition and actuarial adequacy of its trust fund, treatment accorded beneficiaries, and as to other factors materially related to the plan’s management and operation. (2) The board shall promptly make the books, records and accounts of the plan and trust fund available in Idaho to the examiner and otherwise facilitate the examination. (3) The examiner shall conduct the examination expeditiously, make his report of the examination in writing, and deliver a copy thereof to the board and to the director. The board shall have four (4) weeks after receipt of the report within which to recommend to the director such corrections or changes therein as the board may deem appropriate. After making such corrections or changes, if any, as he deems proper, the director shall file the report in his office as a document open to public inspection, and deliver to the board a copy of the report as so corrected or changed. (4) Since a joint public agency self-funded plan is funded by local tax moneys, the costs of the examination shall not be borne by the plan or trust fund of the plan.  History: [41-4113, added 2006, ch. 415, sec. 1, p. 1277.]
ID Code § 41-4114 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4114 - BOARD OF TRUSTEES — ADMINISTRATORS.

41-4114. BOARD OF TRUSTEES — ADMINISTRATORS. (1) The trust shall be governed and managed by a board of trustees. This board shall consist of members elected by the governing boards of the member public agencies. The composition and membership of the board shall be established in the joint powers agreement between the members. The process and procedure for conducting the election and determining the members shall be set forth in the joint powers agreement establishing the plan, except that the election must be conducted, completed and results certified by December 31 of each year in which an election for members is conducted. Boards of joint public agency self-funded plans existing as of July 1, 2006, shall be deemed to be in compliance with the establishment requirements of this chapter but shall conduct future elections in accordance with the requirements of this chapter. (2) An individual, firm or corporation may be an administrator of a plan. (3) The board shall cause all individuals handling receipts and disbursements for the trust fund to be covered under a dishonesty insurance policy or surety bond in an amount not less than ten percent (10%) of the annual contributions to the plan or as the director may deem reasonably advisable, issued by an insurer authorized to transact such insurance in this state. This policy shall only be canceled upon giving no less than thirty (30) days’ notice to the board and to the director. The cost of the insurance shall be borne by the trust fund. The amount of any policy or bond required under this section shall be not less than twenty-five thousand dollars ($25,000) or more than five hundred thousand dollars ($500,000).  History: [41-4114, added 2006, ch. 415, sec. 1, p. 1277.]
ID Code § 41-4115 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4115 - PROHIBITED PECUNIARY INTERESTS IN PLAN MANAGEMENT.

41-4115. PROHIBITED PECUNIARY INTERESTS IN PLAN MANAGEMENT. No board member, administrator or other person having responsibility for the management of a joint public agency self-funded plan or the investment or other handling of plan funds shall: (1) Receive directly or indirectly or be pecuniarily interested in any fee, commission, compensation, or emolument, other than salary or other compensation regularly fixed and allowed for services regularly rendered to the plan, arising out of any transaction to which the trust fund is or is to be a party; (2) Receive compensation as a consultant to the plan while also acting as a board member or administrator, or as an employee of either; or (3) Have any direct or indirect material pecuniary interest in any loan or investment of the trust fund.  History: [41-4115, added 2006, ch. 415, sec. 1, p. 1278.]
ID Code § 41-4116 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4116 - POLITICAL CONTRIBUTIONS PROHIBITED.

41-4116. POLITICAL CONTRIBUTIONS PROHIBITED. No board shall make or knowingly permit the making, directly or indirectly, of any political contribution by or from any joint public agency self-funded plan trust fund.  History: [41-4116, added 2006, ch. 415, sec. 1, p. 1278.]
ID Code § 41-4117 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4117 - RECOVERY OF DEPLETED FUNDS.

41-4117. RECOVERY OF DEPLETED FUNDS. If after notice and hearing the director finds that any joint public agency self-funded plan trust fund has been depleted by reason of any wrongful or grossly negligent act or omission of a board member or any other person, he shall transmit a copy of his findings to the attorney general of this state, who may bring an action in the name of the people of this state, or intervene in any action brought by or on behalf of an employer or beneficiary, for the recovery of the amount of such depletion, for the benefit of the trust fund.  History: [41-4117, added 2006, ch. 415, sec. 1, p. 1278.]
ID Code § 41-4118 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4118 - TERMINATION OF REGISTRATION.

41-4118. TERMINATION OF REGISTRATION. (1) The director may terminate the registration of a joint public agency self-funded plan upon written request of the board, or if he finds, after an examination, that the trust fund is insolvent. (2) The director may terminate the registration of a plan for violation of this chapter, or failure of the board to file the annual statement with the director within the time required under section 41-4111, Idaho Code, or if he finds, after an examination of the trust fund or the plan: (a) That the plan no longer meets the qualifications required by sections 41-4101 and 41-4110, Idaho Code, and that the deficiency will not or cannot be remedied within a reasonable time; (b) That as a matter of frequent practice the benefits promised by the plan are not being fairly and promptly paid; (c) That the cost of administering the plan is excessive in relation to the character and volume of service being rendered in the administration; or (d) That the trust fund has been subject to fraudulent or dishonest practices on the part of the board, administrator, consultant, any participating employer, or beneficiaries. (3) The director shall so terminate the registration by his written order given to the board and to each employer last of record a participant in the plan. The order shall state the grounds upon which it is made and its effective date. The order shall be subject to judicial review in the same manner as applies to official orders of the director in general.  History: [41-4118, added 2006, ch. 415, sec. 1, p. 1278.]
ID Code § 41-4119 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4119 - LIQUIDATION OF TRUST FUND.

41-4119. LIQUIDATION OF TRUST FUND. (1) Upon termination of registration the trust fund of a joint public agency self-funded plan shall be liquidated. (2) Liquidation of a solvent joint public agency self-funded plan shall be conducted by its trustee under a plan of liquidation in writing filed with the director, found by the director to be fair and equitable to all persons having a pecuniary interest in the trust fund, and approved by him. Any balance remaining after payment or adequate provision for all claims and charges against the trust fund shall be disposed of in such manner as is provided for in the plan of liquidation. Unless under the plan of liquidation liability for all unpaid claims and obligations of the trust fund has been assumed by other financially responsible person or persons, the existence of surplus funds for such disposition shall not be determined prior to expiration of two (2) years after termination of the registration. (3) The liquidation of an insolvent joint public agency self-funded plan shall be carried out by the director in accordance with chapter 33, title 41, Idaho Code (supervision, rehabilitation and liquidation), and for this purpose the joint public agency self-funded plan shall be deemed to be an insolvent domestic insurer.  History: [41-4119, added 2006, ch. 415, sec. 1, p. 1279.]
ID Code § 41-4120 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4120 - RULES.

41-4120. RULES. (1) The director may make reasonable rules necessary for or as an aid to effectuation of any provision of this chapter. No such rule shall extend, modify, or conflict with any provision of this chapter and the reasonable implications thereof nor any of the administrative, statutory or constitutional rights and responsibilities of a public agency. (2) Such rules, or any amendment thereof, shall be made by the director in accordance with chapter 52, title 67, Idaho Code.  History: [41-4120, added 2006, ch. 415, sec. 1, p. 1279.]
ID Code § 41-4121 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4121 - OTHER PROVISIONS APPLICABLE.

41-4121. OTHER PROVISIONS APPLICABLE. Chapter 2, title 41, Idaho Code (the director of the department of insurance), chapter 13, title 41, Idaho Code (trade practices and frauds), and sections 41-2141(1) and 41-2216(1), Idaho Code (coordination of benefits, except to the extent the rules pertain to medicare coverage), to the extent applicable and not in conflict with the express provisions of this chapter, shall also apply with respect to joint public agency self-funded plans, and for the purpose such plans shall be deemed to be "insurers."  History: [41-4121, added 2006, ch. 415, sec. 1, p. 1279.]
ID Code § 41-4122 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4122 - PENALTIES.

41-4122. PENALTIES. (1) Any person who violates or causes or induces violation of any provision of this chapter or any lawful rule of the director issued hereunder, shall be subject to an administrative penalty for each violation of not more than one thousand dollars ($1,000) for an individual and not more than five thousand dollars ($5,000) for any entity. (2) Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact in any application, examination, or statement required under this chapter or by lawful rule of the director hereunder, shall be subject to penalty as provided in subsection (4) of this section. (3) Any person who makes a false entry in any book, record, statement, or report required by this chapter or lawful rule of the director thereunder to be kept by him for any joint public agency self-funded plan, with intent to injure or defraud the fund or any beneficiary thereunder, or to deceive any person authorized or entitled to examine the affairs of the plan, shall be subject to penalty as provided in subsection (4) of this section. (4) For each such violation, act or omission referred to in subsections (2) and (3) of this section, unless greater penalty is provided therefor under any other applicable law, the offender shall upon conviction thereof be subject to a fine of not more than fifteen thousand dollars ($15,000) and to imprisonment for not more than fifteen (15) years, or to both such fine and imprisonment.  History: [41-4122, added 2006, ch. 415, sec. 1, p. 1279.]
ID Code § 41-4124 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 41 - JOINT PUBLIC AGENCY SELF-FUNDED HEALTH CARE PLANS|Section 41-4124 - SERVICES PROVIDED BY GOVERNMENTAL ENTITIES.

41-4124. SERVICES PROVIDED BY GOVERNMENTAL ENTITIES. (1) From and after July 1, 2006, no joint public agency self-funded plan shall be issued in Idaho which excludes from coverage services rendered the subscriber while a resident in an Idaho state institution, provided the services to the subscriber would be covered by the contract if rendered to him outside an Idaho state institution. (2) From and after July 1, 2006, no joint public agency self-funded plan may contain any provision denying or reducing benefits otherwise provided under the policy for the reason that the person insured is receiving health or mental health care or developmental services provided by the department of health and welfare, whether or not the department of health and welfare bases its charges for such services on the recipient’s ability to pay. Provided, nothing in this section shall prevent the issuance of a contract which excludes or reduces benefits where the charge level or amount of the charge levied by a governmental entity for such services would vary or be affected in any way by the existence of coverage under a joint public agency self-funded plan. (3) Any new or renewing joint public agency self-funded plan delivered or issued for delivery in this state shall provide that an unmarried child under the age of twenty-five (25) years and who receives more than one-half (1/2) of his financial support from the parent shall be permitted to remain on the parent’s or parents’ plan. Further, any unmarried child of any age who is medically certified as disabled and financially dependent upon the parent is permitted to remain on the parent’s or parents’ plan.  History: [41-4124, added 2006, ch. 415, sec. 1, p. 1281; am. 2008, ch. 296, sec. 5, p. 830; am. 2009, ch. 125, sec. 7, p. 398.]