reglab/housing_qa huggingface dataset:
ID Code § 41-5110 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 51 - REINSURANCE INTERMEDIARY ACT|Section 41-5110 - EXAMINATION AUTHORITY.

41-5110. EXAMINATION AUTHORITY. (1) A reinsurance intermediary shall be subject to examination by the director. The director shall have access to all books, bank accounts and records of the reinsurance intermediary in a form usable to the director. (2) A RM may be examined as if it were the reinsurer.  History: [41-5110, added 1992, ch. 82, sec. 1, p. 255.]
ID Code § 41-5111 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 51 - REINSURANCE INTERMEDIARY ACT|Section 41-5111 - PENALTIES AND LIABILITIES.

41-5111. PENALTIES AND LIABILITIES. (1) A reinsurance intermediary, insurer or reinsurer found by the director, after a hearing conducted in accordance with chapter 52, title 67, Idaho Code, to be in violation of any provision(s) of this chapter shall: (a) For each separate violation, pay a penalty in an amount not exceeding five thousand dollars ($5,000); (b) Be subject to revocation or suspension of its license; and (c) If a violation was committed by the reinsurance intermediary, such reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such violation. (2) The decision, determination or order of the director pursuant to subsection (1) of this section shall be subject to judicial review pursuant to chapter 52, title 67, Idaho Code. (3) Nothing contained in this section shall affect the right of the director to impose any other penalties provided in the insurance law. (4) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors or other third parties or confer any rights to such persons.  History: [41-5111, added 1992, ch. 82, sec. 1, p. 256.]
ID Code § 41-5201 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 52 - INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT|Section 41-5201 - SHORT TITLE.

41-5201. SHORT TITLE. This chapter shall be known and may be cited as the "Individual Health Insurance Availability Act."  History: [41-5201, added 1994, ch. 427, sec. 1, p. 1338.]
ID Code § 41-5202 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 52 - INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT|Section 41-5202 - PURPOSE.

41-5202. PURPOSE. The purpose and intent of this chapter is to promote the availability of health insurance coverage to persons not covered by employment based insurance regardless of their health status or claims experience, to prevent abusive rating practices, to require disclosure of rating practices to purchasers, to establish rules regarding renewability of coverage, to establish limitations on the use of preexisting condition exclusions, and to improve the overall fairness and efficiency of the individual health insurance market. This chapter is not intended to provide a comprehensive solution to the problem of affordability of health care or health insurance.  History: [41-5202, added 1994, ch. 427, sec. 1, p. 1338; am. 1997, ch. 321, sec. 19, p. 980; am. 2000, ch. 472, sec. 10, p. 1623.]
ID Code § 41-5204 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 52 - INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT|Section 41-5204 - APPLICABILITY AND SCOPE.

41-5204. APPLICABILITY AND SCOPE. To the extent permitted by federal law, the provisions of this chapter shall apply to any health benefit plan delivered or issued for delivery in the state of Idaho that provides coverage to eligible individuals or their dependents if not otherwise subject to the provisions of chapter 22, 40, 47 or 55, title 41, Idaho Code. (1) Except as provided in subsection (2) of this section, for the purposes of this chapter, carriers that are affiliated companies or that are eligible to file a consolidated tax return shall be treated as one (1) carrier and any restrictions or limitations imposed in this chapter shall apply as if all health benefit plans delivered or issued for delivery to individuals in this state by such affiliated carriers were insured by one (1) carrier. (2) An affiliated carrier that is a managed care organization having a certificate of authority pursuant to the provisions of chapter 39, title 41, Idaho Code, may be considered to be a separate carrier for the purposes of this chapter. (3) Unless otherwise authorized by the director, an individual carrier shall not enter into one (1) or more ceding arrangements with respect to health benefit plans delivered or issued for delivery to individuals in this state if such arrangements would result in less than fifty percent (50%) of the insurance obligation or risk for such health benefit plans being retained by the ceding carrier. The provisions of sections 41-510, 41-511 and 41-515, Idaho Code, shall apply if an individual carrier cedes or assumes all of the insurance obligation or risk with respect to one (1) or more health benefit plans delivered or issued for delivery to individuals in this state.  History: [41-5204, added 1994, ch. 427, sec. 1, p. 1340; am. 2000, ch. 472, sec. 12, p. 1626; am. 2017, ch. 76, sec. 3, p. 208.]
ID Code § 41-5209 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 52 - INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT|Section 41-5209 - NOTICE OF INTENT TO OPERATE AS A RISK-ASSUMING CARRIER OR A REINSURING CARRIER.

41-5209. NOTICE OF INTENT TO OPERATE AS A RISK-ASSUMING CARRIER OR A REINSURING CARRIER. (1) (a) Each individual carrier shall notify the director within thirty (30) days of the effective date of this chapter of the carrier’s intention to operate as a risk-assuming carrier or a reinsuring carrier. An individual carrier seeking to operate as a risk-assuming carrier shall make an application pursuant to the provisions of section 41-5210, Idaho Code. (b) The decision shall be binding for a five (5) year period except that the initial decision shall be binding for two (2) years. The director may permit a carrier to modify its decision at any time for good cause shown. (c) The director shall establish an application process for individual carriers seeking to change their status under the provisions of this subsection. (2) A reinsuring carrier that applies and is approved to operate as a risk-assuming carrier shall not be permitted to continue to reinsure any health benefit plan with the program. Such a carrier shall pay a prorated assessment based upon business issued as a reinsuring carrier for any portion of the year that the business was reinsured.  History: [41-5209, added 1994, ch. 427, sec. 1, p. 1346.]
ID Code § 41-5210 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 52 - INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT|Section 41-5210 - APPLICATION TO BECOME A RISK-ASSUMING CARRIER.

41-5210. APPLICATION TO BECOME A RISK-ASSUMING CARRIER. (1) An individual carrier may apply to become a risk-assuming carrier by filing an application with the director in a form and manner prescribed by the director. (2) The director shall consider the following factors in evaluating an application filed under the provisions of subsection (1) of this section: (a) The carrier’s financial condition; (b) The carrier’s history of rating and underwriting individuals; (c) The carrier’s commitment to market fairly to all individuals in the state or its established geographic service area, as applicable; (d) The carrier’s experience with managing the risk of individuals; and (e) The extent to which a carrier has and will be able to maintain reinsurance pursuant to the provisions of subsection (3) of section 41-5204, Idaho Code. (3) The director shall provide public notice of an application by an individual carrier to be a risk-assuming carrier and shall provide at least a sixty (60) day period for public comment prior to making a decision on the application. If the application is not acted upon within ninety (90) days of the receipt of the application by the director, the carrier may request a hearing. (4) The director may rescind the approval granted to a risk-assuming carrier under the provisions of this section if the director finds that: (a) The carrier’s financial condition will no longer support the assumption of risk from issuing coverage to individuals in compliance with the provisions of section 41-5208, Idaho Code, without the protection afforded by the program; (b) The carrier has failed to market fairly to all individuals in the state or its established geographic service area, as applicable; or (c) The carrier has failed to provide coverage to eligible individuals as required in section 41-5208, Idaho Code. (5) An individual carrier electing to be a risk-assuming carrier shall not be subject to the provisions of section 41-4711, Idaho Code, except to the extent such individual carrier is subject to assessment for additional funding pursuant to the provisions of subsection (12)(c) of section 41-4711, Idaho Code.  History: [41-5210, added 1994, ch. 427, sec. 1, p. 1347.]
ID Code § 41-5211 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 52 - INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT|Section 41-5211 - ADMINISTRATIVE PROCEDURES.

41-5211. ADMINISTRATIVE PROCEDURES. The director shall promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, for the implementation and administration of the individual health coverage reform act.  History: [41-5211, added 1994, ch. 427, sec. 1, p. 1347.]
ID Code § 41-5214 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 52 - INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT|Section 41-5214 - ENHANCED SHORT-TERM PLANS.

41-5214. ENHANCED SHORT-TERM PLANS. The director shall adopt reasonable rules to establish specific standards for enhanced short-term plans. The standards shall be in addition to and in accordance with applicable laws of this state, including this chapter. The standards: (1) Shall include requirements for renewability that are consistent with federal law regarding short-term, limited duration insurance; and (2) May include, but need not be limited to: (a) A scope of covered benefits, which may be as broad as the scope of covered benefits required to be included in individual health benefit plans that are not deemed short-term, limited duration insurance under federal law; (b) Restrictions on premium rate increases when an enhanced short-term plan ceases to be renewable and the individual policyholder reapplies for coverage from the same carrier; and (c) Conversion of enhanced short-term plans into fully renewable coverage upon a finding by the director that the conversion complies with law and is in the best interests of the public.  History: [41-5214, added 2019, ch. 301, sec. 3, p. 897.]
ID Code § 41-5402 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 54 - RISK-BASED CAPITAL (RBC) FOR INSURERS ACT|Section 41-5402 - RBC REPORTS.

41-5402. RBC REPORTS. (1) Every domestic insurer shall, on or prior to each March 1 (the "filing date"), prepare and submit to the director a report of its RBC levels as of the end of the calendar year just ended, in a form and containing such information as is required by the RBC instructions. In addition, every domestic insurer shall file its RBC report: (a) With the NAIC in accordance with the RBC instructions; and (b) With the insurance director in any state in which the insurer is authorized to do business, if the insurance director has notified the insurer of its request in writing, in which case the insurer shall file its RBC report not later than the later of: (i) Fifteen (15) days from the receipt of notice to file its RBC report with that state; or (ii) The filing date. (2) A life and health insurer’s or fraternal benefit society’s RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account, and may adjust for the covariance between, the following factors determined in each case by applying the factors in the manner set forth in the RBC instructions: (a) The risk with respect to the insurer’s assets; (b) The risk of adverse insurance experience with respect to the insurer’s liabilities and obligations; (c) The interest rate risk with respect to the insurer’s business; and (d) All other business risks and such other relevant risks as are set forth in the RBC instructions. (3) A property and casualty insurer’s or health organization’s RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take the following into account, and may adjust for the covariance between, determined in each case by applying the factors in the manner set forth in the RBC instructions: (a) Asset risk; (b) Credit risk; (c) Underwriting risk; and (d) All other business risks and such other relevant risks as are set forth in the RBC instructions. (4) An excess of capital over the amount produced by the risk-based capital requirements contained in this chapter and the formulas, schedules and instructions referenced in this chapter is desirable in the business of insurance. Accordingly, insurers should seek to maintain capital above the RBC levels required by this chapter. Additional capital is used and useful in the insurance business and helps to secure an insurer against various risks inherent in, or affecting, the business of insurance and not accounted for or only partially measured by the risk-based capital requirements contained in this chapter. (5) If a domestic insurer files an RBC report which in the judgment of the director is inaccurate, then the director shall adjust the RBC report to correct the inaccuracy and shall notify the insurer of the adjustment. The notice shall contain a statement of the reason for the adjustment. An RBC report as so adjusted is referred to as an "adjusted RBC report."  History: [41-5402, added 1996, ch. 96, sec. 1, p. 284; am. 2014, ch. 319, sec. 2, p. 786.]
ID Code § 41-5405 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 54 - RISK-BASED CAPITAL (RBC) FOR INSURERS ACT|Section 41-5405 - AUTHORIZED CONTROL LEVEL EVENT.

41-5405. AUTHORIZED CONTROL LEVEL EVENT. (1) "Authorized control level event" means any of the following events: (a) The filing of an RBC report by the insurer which indicates that the insurer’s total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC; (b) The notification by the director to the insurer of an adjusted RBC report that indicates the event in paragraph (a) of this subsection, provided the insurer does not challenge the adjusted RBC report under section 41-5407, Idaho Code; (c) If, pursuant to section 41-5407, Idaho Code, the insurer challenges an adjusted RBC report that indicates the event in paragraph (a) of this subsection, notification by the director to the insurer that the director has, after a hearing, rejected the insurer’s challenge; (d) The failure of the insurer to respond, in a manner satisfactory to the director, to a corrective order, provided the insurer has not challenged the corrective order under section 41-5407, Idaho Code; or (e) If the insurer has challenged a corrective order under section 41-5407, Idaho Code, and the director has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the director, to the corrective order subsequent to rejection or modification by the director. (2) In the event of an authorized control level event with respect to an insurer, the director shall: (a) Take such actions as are required under section 41-5404, Idaho Code, regarding an insurer with respect to which a regulatory action level event has occurred; or (b) If the director deems it to be in the best interests of the policyholders and creditors of the insurer and of the public, take such actions as are necessary to cause the insurer to be placed under regulatory control pursuant to chapter 33, title 41, Idaho Code. In the event the director takes such actions, the authorized control level event shall be deemed sufficient grounds for the director to take action pursuant to chapter 33, title 41, Idaho Code, and the director shall have the rights, powers and duties with respect to the insurer as are set forth in chapter 33, title 41, Idaho Code. In the event the director takes actions under this paragraph pursuant to an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of section 41-3309, Idaho Code, pertaining to summary proceedings.  History: [41-5405, added 1996, ch. 96, sec. 1, p. 288.]
ID Code § 41-5407 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 54 - RISK-BASED CAPITAL (RBC) FOR INSURERS ACT|Section 41-5407 - HEARINGS.

41-5407. HEARINGS. Upon any of the following the insurer shall have the right to a confidential departmental hearing, on a record, at which the insurer may challenge any determination or action by the director. The insurer shall notify the director of its request for a hearing within five (5) days after the notification by the director under subsection (1), (2), (3) or (4) of this section. Upon receipt of the insurer’s request for a hearing, the director shall set a date for the hearing, which date shall be no less than ten (10) nor more than thirty (30) days after the date of the insurer’s request. (1) Notification to an insurer by the director of an adjusted RBC report; or (2) Notification to an insurer by the director that: (a) The insurer’s RBC plan or revised RBC plan is unsatisfactory; and (b) Such notification constitutes a regulatory action level event with respect to such insurer; or (3) Notification to any insurer by the director that the insurer has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or (4) Notification to an insurer by the director of a corrective order with respect to the insurer.  History: [41-5407, added 1996, ch. 96, sec. 1, p. 290.]
ID Code § 41-5409 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 54 - RISK-BASED CAPITAL (RBC) FOR INSURERS ACT|Section 41-5409 - SUPPLEMENTAL PROVISIONS — RULES — EXEMPTION.

41-5409. SUPPLEMENTAL PROVISIONS — RULES — EXEMPTION. (1) The provisions of this chapter are supplemental to any other provisions of the laws of this state, and shall not preclude or limit any other powers or duties of the director under such laws, including, but not limited to, chapter 33, title 41, Idaho Code, and rules adopted by the department of insurance relating to the director’s authority for companies deemed to be in hazardous financial condition. (2) The director may adopt reasonable rules necessary for the implementation of this chapter in accordance with the provisions of chapter 52, title 67, Idaho Code. (3) Upon written application, the director may exempt from compliance with this chapter, for a specified period or periods, any domestic property and casualty insurer, domestic managed care organization or domestic health organization which: (a) Writes direct business only in this state; and (b) Writes direct annual premiums of two million dollars ($2,000,000) or less; and (c) Assumes no reinsurance in excess of five percent (5%) of direct premium written; or (d) Is a managed care organization offering only a limited managed care plan, a hospital service corporation or a professional service corporation that covers less than two thousand (2,000) lives.  History: [41-5409, added 1996, ch. 96, sec. 1, p. 292; am. 2014, ch. 319, sec. 6, p. 791.]
ID Code § 41-5410 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 54 - RISK-BASED CAPITAL (RBC) FOR INSURERS ACT|Section 41-5410 - FOREIGN INSURERS.

41-5410. FOREIGN INSURERS. (1) Any foreign insurer shall, upon the written request of the director, submit to the director an RBC report as of the end of the calendar year just ended the later of: (a) The date an RBC report would be required to be filed by a domestic insurer under this chapter; or (b) Fifteen (15) days after the request is received by the foreign insurer. Any foreign insurer shall, at the written request of the director, promptly submit to the director a copy of any RBC plan that is filed with the insurance director of any other state. (2) In the event of a company action level event, regulatory action level event or authorized control level event with respect to any foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer (or, if no RBC statute is in force in that state, under the provisions of this chapter), if the insurance director of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state’s RBC statute (or, if no RBC statute is in force in that state, under section 41-5403, Idaho Code), the director may require the foreign insurer to file an RBC plan with the director. In such event, the failure of the foreign insurer to file an RBC plan with the director shall be grounds to order the insurer to cease and desist from writing new insurance business in this state. (3) In the event of a mandatory control level event with respect to any foreign insurer, if no domiciliary receiver has been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer, the director may make application to the district court for Ada county, state of Idaho, as permitted under chapter 33, title 41, Idaho Code, with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event shall be considered adequate grounds for the application.  History: [41-5410, added 1996, ch. 96, sec. 1, p. 292.]
ID Code § 41-5411 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 54 - RISK-BASED CAPITAL (RBC) FOR INSURERS ACT|Section 41-5411 - IMMUNITY.

41-5411. IMMUNITY. There shall be no liability on the part of, and no cause of action shall arise against, the director or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.  History: [41-5411, added 1996, ch. 96, sec. 1, p. 293.]
ID Code § 41-5412 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 54 - RISK-BASED CAPITAL (RBC) FOR INSURERS ACT|Section 41-5412 - NOTICES.

41-5412. NOTICES. All notices by the director to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the insurer’s receipt of such notice.  History: [41-5412, added 1996, ch. 96, sec. 1, p. 293.]
ID Code § 41-5413 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 54 - RISK-BASED CAPITAL (RBC) FOR INSURERS ACT|Section 41-5413 - SEVERABILITY.

41-5413. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.  History: [41-5413, added 1996, ch. 96, sec. 1, p. 293.]