reglab/housing_qa huggingface dataset:
ID Code § 41-4704 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 47 - SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT|Section 41-4704 - APPLICABILITY AND SCOPE.

41-4704. APPLICABILITY AND SCOPE. With the exception of a health benefit plan subject to regulation under chapter 52, title 41, Idaho Code, and 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 the employees of a small employer in this state if any of the following conditions are met: (1) Any portion of the premium or benefits is paid by or on behalf of the small employer; (2) An eligible employee or dependent is reimbursed, whether through wage adjustments or otherwise, by or on behalf of the small employer for any portion of the premium; (3) The health benefit plan is treated by the employer or any of the eligible employees or dependents as part of a plan or program for the purposes of section 162, section 125 or section 106 of the United States internal revenue code. (4) (a) Except as provided in subsection (b) 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 small employers in this state by such affiliated carriers were issued by one (1) carrier. (b) An affiliated carrier that is a health maintenance 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. (c) Unless otherwise authorized by the director, a small employer carrier shall not enter into one (1) or more ceding arrangements with respect to health benefit plans delivered or issued for delivery to small employers 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 and 41-511, Idaho Code, shall apply if a small employer 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 small employers in this state.  History: [41-4704, added 1993, ch. 176, sec. 1, p. 438; am. 1994, ch. 427, sec. 3, p. 1352; am. 1995, ch. 360, sec. 3, p. 1240.]
ID Code § 41-4705 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 47 - SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT|Section 41-4705 - ESTABLISHMENT OF CLASSES OF BUSINESS.

41-4705. ESTABLISHMENT OF CLASSES OF BUSINESS. (1) A small employer carrier may establish a separate class of business only to reflect substantial differences in expected claims experience or administrative costs related to the following reasons: (a) The small employer carrier uses more than one (1) type of system for the marketing and sale of health benefit plans to small employers; (b) The small employer carrier has acquired a class of business from another small employer carrier; or (c) The small employer carrier provides coverage to one (1) or more association groups that meet the requirements of section 41-2202, Idaho Code. (2) A small employer carrier may establish up to nine (9) separate classes of business under the provisions of subsection (1) of this section. (3) The director may establish regulations to provide for a period of transition in order for a small employer carrier to come into compliance with the provisions of subsection (2) of this section in the instance of acquisition of an additional class of business from another small employer carrier. (4) The director may approve the establishment of additional classes of business upon application to the director and a finding by the director that such action would enhance the efficiency and fairness of the small employer marketplace.  History: [41-4705, added 1993, ch. 176, sec. 1, p. 439.]
ID Code § 41-4708B (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 47 - SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT|Section 41-4708B - CONVERSION PLAN — WHEN REQUIRED.

41-4708B. CONVERSION PLAN — WHEN REQUIRED. Any group carrier doing business in the state of Idaho that does not have an individual product on file with the department of insurance shall provide a conversion plan to all group insureds. The conversion plan shall provide benefits at least equal to the standard health benefit plan developed pursuant to section 41-4712, Idaho Code. The premium under the plan shall not exceed one hundred twenty-five percent (125%) of the index rate for groups.  History: [41-4708B, added 1996, ch. 124, sec. 2, p. 439.]
ID Code § 41-4709 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 47 - SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT|Section 41-4709 - NOTICE OF INTENT TO OPERATE AS A RISK-ASSUMING CARRIER OR A REINSURING CARRIER.

41-4709. NOTICE OF INTENT TO OPERATE AS A RISK-ASSUMING CARRIER OR A REINSURING CARRIER. (1) (a) Each small employer 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. A small employer carrier seeking to operate as a risk-assuming carrier shall make an application pursuant to the provisions of section 41-4710, 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 small employer 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: [41-4709, added 1993, ch. 176, sec. 1, p. 446.]
ID Code § 41-4710 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 47 - SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT|Section 41-4710 - APPLICATION TO BECOME A RISK-ASSUMING CARRIER.

41-4710. APPLICATION TO BECOME A RISK-ASSUMING CARRIER. (1) A small employer 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 small employer groups; (c) The carrier’s commitment to market fairly to all small employers in the state or its established geographic service area, as applicable; (d) The carrier’s experience with managing the risk of small employer groups; and (e) The extent to which a carrier has and will be able to maintain reinsurance pursuant to the provisions of subsection (4)(c) of section 41-4704, Idaho Code. (3) The director shall provide public notice of an application by a small employer 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 small employers in compliance with the provisions of section 41-4708, Idaho Code, without the protection afforded by the program; (b) The carrier has failed to market fairly to all small employers in the state or its established geographic service area, as applicable; or (c) The carrier has failed to provide coverage to eligible small employers as required in section 41-4708, Idaho Code. (5) A small employer 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 small employer carrier is subject to assessment for additional funding pursuant to the provisions of subsection (12)(c) of section 41-4711, Idaho Code.  History: [41-4710, added 1993, ch. 176, sec. 1, p. 447.]
ID Code § 41-4712 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 47 - SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT|Section 41-4712 - SMALL EMPLOYER HEALTH BENEFIT PLANS.

41-4712. SMALL EMPLOYER HEALTH BENEFIT PLANS. (1) The board, in addition to its other powers and duties, shall establish the form and level of coverages, including benefit levels, cost-sharing levels, exclusions and limitations for the small employer basic, standard and catastrophic health benefit plans to be made available by small employer carriers pursuant to section 41-4708, Idaho Code, with an emphasis on making coverage available for preventive care. (2) The board shall also design a small employer basic, standard and catastrophic health benefit plan which each contain benefit and cost-sharing levels that are consistent with the basic method of operation and the benefit plans of managed care organizations, including any restrictions imposed by federal law. The plans or changes established by the board may include cost containment features such as: (a) Utilization review of health care services, including review of medical necessity of hospital and physician services; (b) Case management; (c) Selective contracting with hospitals, physicians and other health care providers; (d) Reasonable benefit differentials applicable to providers that participate or do not participate in arrangements using restricted network provisions; and (e) Other managed care provisions. (3) The board shall submit the plans or changes approved by the board to the director for approval not later than March 1 of each year. The director shall promulgate the approved plans pursuant to the provisions of section 41-4715, Idaho Code. (4) Small employer carriers desiring to issue a small employer basic, standard or catastrophic health benefit plan differing from the form and level of coverage approved by the board and the director shall submit such plan to the board for review to insure that such proposed plan is commensurate with the benefit levels, cost-sharing levels, exclusions, and limitations for the plan developed and approved pursuant to the provisions of this section. (5) The board may appoint an advisory committee to assist in the development of and any changes to the small employer basic, standard and catastrophic health benefit plans.  History: [41-4712, added 1993, ch. 176, sec. 1, p. 453; am. 1994, ch. 427, sec. 8, p. 1365; am. 1995, ch. 360, sec. 7, p. 1253; am. 1997, ch. 321, sec. 16, p. 977; am. 2000, ch. 472, sec. 7, p. 1620.]
ID Code § 41-4713 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 47 - SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT|Section 41-4713 - PERIODIC MARKET EVALUATION.

41-4713. PERIODIC MARKET EVALUATION. The board, in consultation with members of the committee, shall study and report at least every three (3) years to the director on the effectiveness of chapters 47 and 52, title 41, Idaho Code. The report shall analyze the effectiveness of the chapters in promoting rate stability, product availability, and coverage affordability. The report may contain recommendations for actions to improve the overall effectiveness, efficiency and fairness of the small group and individual health insurance marketplace. The report shall address whether carriers and agents are fairly and actively marketing or issuing health benefit plans to small employers and individuals in fulfillment of the purposes of the chapters. The report may contain recommendations for market conduct or other regulatory standards or action.  History: [41-4713, added 1993, ch. 176, sec. 1, p. 454; am. 1994, ch. 427, sec. 9, p. 1366.]
ID Code § 41-4715 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 47 - SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT|Section 41-4715 - ADMINISTRATIVE PROCEDURES.

41-4715. ADMINISTRATIVE PROCEDURES. The director shall promulgate rules and regulations in accordance with the provisions of chapter 52, title 67, Idaho Code, for the implementation and administration of the small employer health coverage reform act.  History: [41-4715, added 1993, ch. 176, sec. 1, p. 454.]
ID Code § 41-4801 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4801 - SHORT TITLE.

41-4801. SHORT TITLE. This chapter may be cited as the "Idaho Liability Risk Retention Act."  History: [41-4801, added 1987, ch. 140, sec. 1, p. 274.]
ID Code § 41-4802 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4802 - PURPOSE.

41-4802. PURPOSE. The purpose of this chapter is to regulate the formation and operation of risk retention groups in Idaho formed pursuant to the provisions of the federal liability risk retention act of 1986.  History: [41-4802, added 1987, ch. 140, sec. 1, p. 275.]
ID Code § 41-4804 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4804 - RISK RETENTION GROUPS CHARTERED IN THIS STATE.

41-4804. RISK RETENTION GROUPS CHARTERED IN THIS STATE. (1) A risk retention group seeking to be chartered in this state must be chartered and licensed as a liability insurance company authorized by the insurance laws of this state and, except as provided elsewhere in this chapter, must comply with: (a) All of the laws, rules, regulations and requirements applicable to such insurers chartered and licensed in this state; (b) Section 41-4805, Idaho Code, to the extent such requirements are not a limitation on laws, rules, regulations or requirements of this state. (2) Before it may offer insurance in any state, each risk retention group shall also submit for approval to the director of this state a plan of operation or feasibility study and revisions of such plan or study if the group intends to offer any additional lines of liability insurance. Immediately upon receipt of an application for charter, this state shall provide: (a) Summary information concerning the filing to the national association of insurance commissioners, including the name of the risk retention group, the identity of the initial members of the group, the identity of those individuals who organized the group or who will provide administrative services or otherwise influence or control the activities of the group; (b) The amount and nature of initial capitalization; (c) The coverages to be afforded; and (d) The states in which the group intends to operate. Providing notification to the national association of insurance commissioners is in addition to and shall not be sufficient to satisfy the requirements of section 41-4805, Idaho Code, or any other sections of this chapter.  History: [41-4804, added 1987, ch. 140, sec. 1, p. 277.]
ID Code § 41-4806 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4806 - COMPULSORY ASSOCIATIONS.

41-4806. COMPULSORY ASSOCIATIONS. No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in this state, nor shall any risk retention group, or its insureds, receive any benefit from any such fund for claims arising out of the operations of such risk retention group.  History: [41-4806, added 1987, ch. 140, sec. 1, p. 280.]
ID Code § 41-4807 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4807 - COUNTER SIGNATURES NOT REQUIRED.

41-4807. COUNTER SIGNATURES NOT REQUIRED. A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided in sections 41-337 and 41-338, Idaho Code.  History: [41-4807, added 1987, ch. 140, sec. 1, p. 280; am. 2005, ch. 75, sec. 3, p. 255.]
ID Code § 41-4808 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4808 - PURCHASING GROUPS — EXEMPTION FROM CERTAIN LAWS RELATING TO THE GROUP PURCHASE OF INSURANCE.

41-4808. PURCHASING GROUPS — EXEMPTION FROM CERTAIN LAWS RELATING TO THE GROUP PURCHASE OF INSURANCE. Any purchasing group meeting the criteria established under the provisions of the federal liability risk retention act of 1986 shall be exempt from any law of this state relating to the creation of groups for the purchase of insurance, prohibition of group purchasing, or any law that would discriminate against a purchasing group or its members. In addition, an insurer shall be exempt from any law of this state which prohibits providing, or offering to provide to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters. A purchasing group shall be subject to all other applicable laws of this state.  History: [41-4808, added 1987, ch. 140, sec. 1, p. 280.]
ID Code § 41-4809 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4809 - NOTICE AND REGISTRATION REQUIREMENTS OF PURCHASING GROUPS.

41-4809. NOTICE AND REGISTRATION REQUIREMENTS OF PURCHASING GROUPS. (1) A purchasing group which intends to do business in this state shall furnish notice to the director which shall: (a) Identify the state in which the group is domiciled; (b) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase; (c) Identify the insurance company from which the group intends to purchase its insurance and the domicile of such company; (d) Identify the principal place of business of the group; and (e) Provide such other information as may be required by the director to verify that the purchasing group is qualified as defined in subsection (10) of section 41-4803, Idaho Code. (2) The purchasing group shall register with and designate the director as its agent for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group: (a) Which was domiciled before April 1, 1986, and is domiciled on and after October 27, 1986, in any state of the United States; (b) Which before October 27, 1986, purchased insurance from an insurance carrier licensed in any state and since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; (c) Which was a purchasing group under the requirements of the product liability risk retention act of 1981 before October 27, 1986; and (d) Which does not purchase insurance that was not authorized for purposes of an exemption under that act, as in effect before October 27, 1986.  History: [41-4809, added 1987, ch. 140, sec. 1, p. 280.]
ID Code § 41-4810 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4810 - RESTRICTIONS ON INSURANCE PURCHASED BY PURCHASING GROUPS.

41-4810. RESTRICTIONS ON INSURANCE PURCHASED BY PURCHASING GROUPS. A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state, nor from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.  History: [41-4810, added 1987, ch. 140, sec. 1, p. 281.]
ID Code § 41-4811 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4811 - ADMINISTRATIVE AND PROCEDURAL AUTHORITY REGARDING RISK RETENTION GROUPS AND PURCHASING GROUPS.

41-4811. ADMINISTRATIVE AND PROCEDURAL AUTHORITY REGARDING RISK RETENTION GROUPS AND PURCHASING GROUPS. The director is authorized to make use of any of the powers established under this code to enforce the laws of this state so long as those powers are not specifically preempted by the product liability risk retention act of 1981, as amended by the risk retention amendments of 1986. This includes, but is not limited to, the director’s administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders and impose penalties. With regard to any investigation, administrative proceedings, or litigation, the director may rely on the procedural law and regulations of the state. The injunctive authority of the director in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.  History: [41-4811, added 1987, ch. 140, sec. 1, p. 281.]
ID Code § 41-4812 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4812 - PENALTIES.

41-4812. PENALTIES. A risk retention group which violates any provision of this chapter will be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license and/or the right to do business in this state.  History: [41-4812, added 1987, ch. 140, sec. 1, p. 281.]
ID Code § 41-4813 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4813 - DUTY OF AGENTS OR BROKERS TO OBTAIN LICENSE.

41-4813. DUTY OF AGENTS OR BROKERS TO OBTAIN LICENSE. Any person acting, or offering to act, as an agent or broker for a risk retention group or purchasing group, which solicits members, sells insurance coverage, purchases coverage for its members located within the state or otherwise does business in this state shall, before commencing any such activity, obtain a license from the director.  History: [41-4813, added 1987, ch. 140, sec. 1, p. 281.]
ID Code § 41-4814 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4814 - BINDING EFFECT OF ORDERS ISSUED IN U.S. DISTRICT COURTS.

41-4814. BINDING EFFECT OF ORDERS ISSUED IN U.S. DISTRICT COURTS. An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that such a group is in a hazardous financial condition shall be enforceable in the courts of the state.  History: [41-4814, added 1987, ch. 140, sec. 1, p. 282.]
ID Code § 41-4815 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4815 - RULES AND REGULATIONS.

41-4815. RULES AND REGULATIONS. The director may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this chapter.  History: [41-4815, added 1987, ch. 140, sec. 1, p. 282.]
ID Code § 41-4816 (2021)
2021 Idaho Code|Title 41 - INSURANCE|Chapter 48 - RISK RETENTION GROUPS|Section 41-4816 - PURCHASING GROUP TAXATION.

41-4816. PURCHASING GROUP TAXATION. Premium taxes and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any members of the purchasing group shall be: (1) Imposed at the same rate and subject to the same interest, fines and penalties as that applicable to premium taxes and taxes on premiums paid for similar coverage from a similar insurance source by other insureds; and (2) Paid first by such insurance source, and if not by such source by the agent or broker for the purchasing group, and if not by such agent or broker then by the purchasing group, and if not by such purchasing group then by each of its members.  History: [41-4816, added 1990, ch. 348, sec. 1, p. 937.]