reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3343 - LIQUIDATOR’S RECOMMENDATIONS TO THE COURT.

41-3343. LIQUIDATOR’S RECOMMENDATIONS TO THE COURT. (1) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he shall deem necessary. He may compound, compromise or in any other manner negotiate the amount for which claims will be recommended to the court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under section 41-3339, Idaho Code. As soon as practicable, he shall present to the court a report of the claims against the insurer with his recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed.
(2) The court may approve, disapprove, or modify, the report on claims by the liquidator. Such reports as are not modified by the court within a period of sixty (60) days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to section 41-3339, Idaho Code. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.
History:
[41-3343, added 1981, ch. 249, sec. 2, p. 534.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3344 - DISTRIBUTION OF ASSETS.

41-3344. DISTRIBUTION OF ASSETS. Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.
History:
[41-3344, added 1981, ch. 249, sec. 2, p. 534.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3345 - UNCLAIMED AND WITHHELD FUNDS.

41-3345. UNCLAIMED AND WITHHELD FUNDS. (1) All unclaimed funds subject to distribution remaining in the liquidator’s hands when he is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall be deposited with the state treasurer, and shall be paid without interest except in accordance with section 41-3342, Idaho Code, to the person entitled thereto or his legal representative upon proof satisfactory to the state treasurer of his right thereto. Any amount on deposit not claimed within six (6) years from discharge of the liquidator shall be deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited with the state treasurer pursuant to chapter 5, title 14, Idaho Code.
(2) All funds withheld under section 41-3337, Idaho Code, and not distributed shall upon discharge of the liquidator be deposited with the state treasurer and paid by him in accordance with section 41-3342, Idaho Code. Any sums remaining which under section 41-3342, Idaho Code, would revert to the undistributed assets of the insurer shall be transferred to the state treasurer and become the property of the state under subsection (1) hereof, unless the director in his discretion petitions the court to reopen the liquidation under section 41-3347, Idaho Code.
History:
[41-3345, added 1981, ch. 249, sec. 2, p. 534; am. 2011, ch. 151, sec. 23, p. 430.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3346 - TERMINATION OF PROCEEDINGS.

41-3346. TERMINATION OF PROCEEDINGS. (1) When all assets justifying the expense of collection and distribution have been collected and distributed under this act, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are not economical to distribute, as may be deemed appropriate.
(2) Any other person may apply to the court at any time for an order under subsection (1) hereof. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney’s fee.
History:
[41-3346, added 1981, ch. 249, sec. 2, p. 535.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3347 - REOPENING LIQUIDATION.

41-3347. REOPENING LIQUIDATION. After the liquidation proceeding has been terminated and the liquidator discharged, the director or other interested party may at any time petition the district court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.
History:
[41-3347, added 1981, ch. 249, sec. 2, p. 535.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3348 - DISPOSITION OF RECORDS DURING AND AFTER TERMINATION OF LIQUIDATION.

41-3348. DISPOSITION OF RECORDS DURING AND AFTER TERMINATION OF LIQUIDATION. Whenever it shall appear to the director that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the court and the court shall direct what records should be retained for future reference and what should be destroyed.
History:
[41-3348, added 1981, ch. 249, sec. 2, p. 535.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3349 - EXTERNAL AUDIT OF THE RECEIVER’S BOOKS.

41-3349. EXTERNAL AUDIT OF THE RECEIVER’S BOOKS. The district court may, as it deems desirable, cause audits to be made of the books of the director relating to any receivership established under this act, and a report of each audit shall be filed with the director and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.
History:
[41-3349, added 1981, ch. 249, sec. 2, p. 535.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3350 - CONSERVATION OF PROPERTY OF FOREIGN OR ALIEN INSURERS FOUND IN THIS STATE.

41-3350. CONSERVATION OF PROPERTY OF FOREIGN OR ALIEN INSURERS FOUND IN THIS STATE. (1) If a domiciliary liquidator has not been appointed, the director may apply to the district court by verified petition for an order directing him to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds:
(a) Any of the grounds in section 41-3312, Idaho Code;
(b) That any of its property has been sequestered by official action in its domiciliary state, or in any other state;
(c) That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent;
(d) (i) That its certificate of authority to do business in this state has been revoked or that none was ever issued; and
(ii) That there are residents of this state with outstanding claims or outstanding policies.
(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
(3) The court may issue the order in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the district court or the recorder of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.
(4) The conservator may at any time petition for and the court may grant an order under section 41-3351, Idaho Code, to liquidate assets of a foreign or alien insurer under conservation, or, if appropriate, for an order under section 41-3353, Idaho Code, to be appointed ancillary receiver.
(5) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party, but if such motion is denied all costs shall be assessed against such party.
History:
[41-3350, added 1981, ch. 249, sec. 2, p. 535.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3351 - LIQUIDATION OF PROPERTY OF FOREIGN OR ALIEN INSURERS FOUND IN THIS STATE.

41-3351. LIQUIDATION OF PROPERTY OF FOREIGN OR ALIEN INSURERS FOUND IN THIS STATE. (1) If no domiciliary receiver has been appointed, the director may apply to the district court by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds:
(a) Any of the grounds in sections 41-3312 or 41-3317, Idaho Code; or
(b) Any of the grounds specified in sections 41-3350(1)(b) through (d), Idaho Code.
(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
(3) If it shall appear to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the district court or the recorder of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.
(4) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under the provisions of this section, the liquidator, under the provisions of this section, shall thereafter act as ancillary receiver under section 41-3353, Idaho Code. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under the provisions of this section, the liquidator, under the provisions of this section, may petition the court for permission to act as ancillary receiver under section 41-3353, Idaho Code.
(5) On the same grounds as are specified in subsection (1) of this section, the director may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer’s assets and business over which the court will exercise jurisdiction, or any lesser part thereof that the director deems desirable for the protection of the policyholders and creditors in this state.
(6) The court may order the director, when he has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this act as are otherwise compatible with the provisions of this section.
History:
[41-3351, added 1981, ch. 249, sec. 2, p. 536.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3352 - DOMICILIARY LIQUIDATORS IN OTHER STATES.

41-3352. DOMICILIARY LIQUIDATORS IN OTHER STATES. (1) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under section 41-3353(3), Idaho Code, be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents’ balances, and all of the books, accounts and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts and other records of the insurer located in this state. He also shall have the right to recover all other assets of the insurer located in this state, subject to section 41-3353, Idaho Code.
(2) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the director of this state shall be vested by operation of law with the title to all of the property, contracts and rights of action, and all of the books, accounts and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The director of this state may petition for a conservation or liquidation order under sections 41-3350 and 41-3351, Idaho Code, or for an ancillary receivership under section 41-3353, Idaho Code, or after approval by the district court may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.
(3) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
History:
[41-3352, added 1981, ch. 249, sec. 2, p. 537.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3353 - ANCILLARY FORMAL PROCEEDINGS.

41-3353. ANCILLARY FORMAL PROCEEDINGS. (1) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the director may file a petition with the district court requesting appointment as ancillary receiver in this state:
(a) If he finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; and
(b) If the protection of creditors or policyholders in this state so requires.
(2) The court may issue an order appointing an ancillary receiver in whatever terms it shall deem appropriate. The filing or recording of the order with the recorder of deeds in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds.
(3) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. He shall promptly transfer all remaining assets, books, accounts and records to the domiciliary liquidator. Subject to this section, the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state.
(4) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties and powers to those provided in subsection (3) of this section for ancillary receivers appointed in this state.
History:
[41-3353, added 1981, ch. 249, sec. 2, p. 537.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3354 - ANCILLARY SUMMARY PROCEEDINGS.

41-3354. ANCILLARY SUMMARY PROCEEDINGS. The director in his sole discretion may institute proceedings under sections 41-3309 through 41-3311, Idaho Code, at the request of the director or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state.
History:
[41-3354, added 1981, ch. 249, sec. 2, p. 538; am. 2021, ch. 321, sec. 29, p. 970.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3355 - CLAIMS OF NONRESIDENTS AGAINST INSURERS DOMICILED IN THIS STATE.

41-3355. CLAIMS OF NONRESIDENTS AGAINST INSURERS DOMICILED IN THIS STATE. (1) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal, states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(2) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this act, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in section 41-3356(2), Idaho Code, with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under section 41-3342, Idaho Code.
History:
[41-3355, added 1981, ch. 249, sec. 2, p. 538.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3356 - CLAIMS OF RESIDENTS AGAINST INSURERS DOMICILED IN RECIPROCAL STATES.

41-3356. CLAIMS OF RESIDENTS AGAINST INSURERS DOMICILED IN RECIPROCAL STATES. (1) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
(2) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in this state. If a claimant elects to prove his claim in this state, he shall file his claim with the liquidator in the manner provided in sections 41-3335 and 41-3336, Idaho Code. The ancillary receiver shall make his recommendation to the court as under section 41-3343, Idaho Code. He shall also arrange a date for hearing if necessary under section 41-3339, Idaho Code, and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least forty (40) days prior to the date set for hearing. If the domiciliary liquidator, within thirty (30) days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his intention to contest the claim, he shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.
(3) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.
History:
[41-3356, added 1981, ch. 249, sec. 2, p. 539.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3357 - ATTACHMENT, GARNISHMENT, AND LEVY OF EXECUTION.

41-3357. ATTACHMENT, GARNISHMENT, AND LEVY OF EXECUTION. During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets.
History:
[41-3357, added 1981, ch. 249, sec. 2, p. 539.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3358 - INTERSTATE PRIORITIES.

41-3358. INTERSTATE PRIORITIES. (1) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located.
(2) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
(3) The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his security and file his claim as a general creditor, or the claim may be discharged by resort to the security in accordance with section 41-3341, Idaho Code, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
History:
[41-3358, added 1981, ch. 249, sec. 2, p. 539.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3359 - SUBORDINATION OF CLAIMS FOR NONCOOPERATION.

41-3359. SUBORDINATION OF CLAIMS FOR NONCOOPERATION. If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under section 41-3342(7), Idaho Code.
History:
[41-3359, added 1981, ch. 249, sec. 2, p. 540.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION › Section 41-3360 - SEVERABILITY.

41-3360. SEVERABILITY. If any provision of this act or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.
History:
[41-3360, added 1981, ch. 249, sec. 2, p. 540.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3401 - SCOPE OF CHAPTER.

41-3401. SCOPE OF CHAPTER. (1) This chapter shall apply to every individual, person, firm, corporation, association, or organization of any kind hereafter engaging or purporting to engage in the provision of all or part of any health care service, as hereinafter defined, for its subscribers in exchange for periodic prepayments in identifiable amount by or as to such subscribers.
(2) This chapter does not apply as to:
(a) Insurers or fraternal benefit societies authorized to transact the kind of insurance involved pursuant to other chapters of this code.
(b) Fraternal and other organizations exempted under section 41-3237, Idaho Code, from the provisions of chapter 32, title 41, Idaho Code.
(c) Health care services provided by an employer to his employees and their dependents, with or without contribution to the costs thereof by such employees, through health care service facilities owned, employed, or controlled by the employers.
(d) Contracts between employers and physicians or hospitals, relative to the care and treatment of employees of such employers, which contracts are subject to the jurisdiction of the industrial commission of Idaho.
(e) Infrequent instances of prepayment by or for the patient direct to the licensee or hospital for specific services thereafter rendered to such patient by such licensee or hospital.
History:
[41-3401, added 1961, ch. 330, sec. 759, p. 645; am. 1971, ch. 252, sec. 1, p. 1008; am. 2021, ch. 321, sec. 30, p. 970.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3402 - PURPOSE AND INTERPRETATION.

41-3402. PURPOSE AND INTERPRETATION. (1) It is the purpose of this chapter to regulate in the public interest the formation and operation of prepaid health care service organizations, in order that such services may be made available upon a basis of fair and equitable contracts through state-licensed nonprofit organizations meeting reasonable standards as to administration, reserves, and financial soundness.
(2) The provisions of this chapter shall be liberally interpreted to effectuate the purpose hereinabove declared.
History:
[41-3402, added 1961, ch. 330, sec. 760, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3403 - DEFINITIONS.

41-3403. DEFINITIONS. For the purposes of this chapter:
(1) "Health care service" means any service rendered to an individual for diagnosis, relief, or treatment of any injury, ailment or bodily condition.
(2) "Service corporation" means a corporation providing all or part of one or more health care services for subscribers thereto in exchange for periodic prepayments in identifiable amount by or as to such subscribers.
(3) A "professional service corporation" is one so providing principally health care services by one or more categories of participant licensees, as defined in subsection (9) of this section. Such a service corporation may also provide for materials customarily dispensed or furnished in connection with the services of the licensee.
(4) A "hospital service corporation" is one so providing principally hospital services.
(5) "Service agreement" is a contract between a service corporation and a licensee or hospital under which the licensee or hospital agrees to render all or part of one or more health care services to subscribers of the service corporation.
(6) "Subscriber’s contract" is that between the service corporation and its subscriber under which all or part of one or more health care services is to be rendered to or on behalf of the subscriber by a licensee or hospital that has entered into a service agreement with such corporation covering such services.
(7) "Participant hospital" is one which has entered into a service agreement with a service corporation.
(8) "Participant licensee" is one who has entered into a service agreement with a service corporation.
(9) "Licensee" is an individual while duly licensed by the state of Idaho to practice in any one or more of the following categories of health care service professions:
(a) Chiropractor;
(b) Dentist;
(c) Optometrist;
(d) Osteopath;
(e) Pharmacist;
(f) Physician and surgeon, of either medicine and surgery or of osteopathic medicine and surgery; and
(g) Podiatrist.
History:
[41-3403, added 1961, ch. 330, sec. 761, p. 645; am. 1965, ch. 46, sec. 1, p. 70; am. 1967, ch. 91, sec. 1, p. 194; am. 1967, ch. 399, sec. 1, p. 1194; am. 1969, ch. 36, sec. 1, p. 86; am. 1971, ch. 252, sec. 2, p. 1008.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3404 - PROVISIONS EXCLUSIVE.

41-3404. PROVISIONS EXCLUSIVE. No provision of this code shall apply to any such health care service corporation unless contained or referred to in this chapter.
History:
[41-3404, added 1961, ch. 330, sec. 762, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3405 - INCORPORATION — CERTIFICATE OF AUTHORITY REQUIRED.

41-3405. INCORPORATION — CERTIFICATE OF AUTHORITY REQUIRED. No person otherwise subject to this chapter shall engage or purport to engage in the provision of any part or all of any health care service for its subscribers in exchange for periodic prepayments in identifiable amount unless it is a service corporation heretofore or hereafter incorporated under the laws of Idaho, and currently authorized as such a service corporation under a certificate of authority issued by the director pursuant to the provisions of this chapter.
History:
[41-3405, added 1961, ch. 330, sec. 763, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3407 - NAME OF CORPORATION.

41-3407. NAME OF CORPORATION. No service corporation shall have or use a corporate or business name which includes the words "insurance", "casualty", "surety", "health and accident", "mutual", or other terms descriptive of an insurer or insurance business. No service corporation shall have or use a name so similar to that of any other corporation transacting business in this state when such service corporation was formed as would tend to confuse or mislead the public.
History:
[41-3407, added 1961, ch. 330, sec. 765, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3409 - APPLICATION FOR CERTIFICATE OF AUTHORITY.

41-3409. APPLICATION FOR CERTIFICATE OF AUTHORITY. (1) Application for a certificate of authority to transact business as a service corporation shall be made to the director, on forms as prepared and furnished by the director and requiring such information relative to the applicant, its directors, officers, and affairs as the director may reasonably require consistent with this chapter.
(2) The application shall be accompanied by such of the following documents as may not already be on file with the director:
(a) One (1) copy of the applicant’s articles of incorporation and of all amendments thereto, certified by the secretary of state;
(b) One (1) copy of the applicant’s bylaws, certified by its corporate secretary;
(c) One (1) copy of each form of service agreement entered into or proposed to be entered into with participant licensees, together with a list showing the name, residence and office addresses, and date of execution of the service agreement by each such licensee;
(d) A copy of each form of subscriber’s contract proposed to be offered;
(e) A schedule of the rates proposed to be charged subscribers;
(f) A financial statement of the applicant as of a date not more than thirty (30) days before the filing of the application, showing among other things the amount of working funds available to the applicant, the source of such funds, and accompanied by a copy of the agreement under which any such funds were contributed to or provided for the applicant; and
(g) A copy of any other relevant document reasonably requested by the director.
(3) At time of filing the application the applicant shall pay to the director the application fee and the fee for issuance of the certificate of authority as specified in section 41-3433, Idaho Code, (fee schedule).
History:
[41-3409, added 1961, ch. 330, sec. 767, p. 645; am. 1967, ch. 399, sec. 5, p. 1194; am. 1971, ch. 252, sec. 5, p. 1008; am. 1994, ch. 78, sec. 5, p. 180.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3410 - ISSUANCE OR REFUSAL OF CERTIFICATE OF AUTHORITY.

41-3410. ISSUANCE OR REFUSAL OF CERTIFICATE OF AUTHORITY. (1) If after the application for certificate of authority is completed the director finds that the applicant is fully qualified for a certificate of authority in accordance with the provisions of this chapter, and that the service agreements, subscriber’s contracts, and schedule of rates are in compliance with the applicable provisions of this chapter, he shall issue to the applicant a certificate of authority as a professional service corporation.
(2) If the director does not so find, he shall refuse to issue a certificate of authority and shall give the applicant written notice thereof setting forth the particulars of the reasons for such refusal.
(3) The director shall either issue or refuse to issue the certificate of authority within a reasonable time after the filing and completion of application therefor.
History:
[41-3410, added 1961, ch. 330, sec. 768, p. 645; am. 1967, ch. 399, sec. 6, p. 1194; am. 1971, ch. 252, sec. 6, p. 1008; am. 1994, ch. 78, sec. 6, p. 180; am. 2001, ch. 85, sec. 9, p. 218.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3411 - CONTINUANCE OR EXPIRATION OF CERTIFICATE OF AUTHORITY.

41-3411. CONTINUANCE OR EXPIRATION OF CERTIFICATE OF AUTHORITY. (1) A certificate of authority issued to a service corporation shall continue in force as long as the corporation is entitled thereto under this chapter, and until suspended or revoked by the director or terminated at the request of the corporation; subject, however, to continuance of the certificate by the corporation each year by:
(a) Payment prior to March 1 of the continuation fee provided in section 41-3433, Idaho Code, (fee schedule); and
(b) Due filing by the service corporation of its annual statement for the calendar year preceding as required under section 41-3425, Idaho Code.
(2) If not so continued by the service corporation, its certificate of authority shall expire as at midnight on the May 31 next following such failure of the service corporation to continue it in force. The director shall promptly notify the service corporation of the occurrence of any failure resulting in impending expiration of its certificate of authority.
History:
[41-3411, added 1961, ch. 330, sec. 769, p. 645; am. 1971, ch. 252, sec. 7, p. 1008.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3412 - SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY.

41-3412. SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY. (1) The director shall suspend or revoke the certificate of authority of any service corporation which he finds, after a hearing thereon, is no longer qualified therefor under the provisions of this chapter.
(2) The director may, in his discretion, after a hearing thereon suspend or revoke the certificate of authority for any violation by the service corporation of any provision of this chapter for which mandatory suspension or revocation is not required under subsection (1) above, or on any applicable ground set forth in section 41-327 (suspension, revocation of certificate of authority, discretionary and special grounds).
(3) No service corporation shall, while its certificate of authority is suspended or revoked, transact any business as a service corporation other than that necessary and incidental to the discharge of its contracts and agreements outstanding on the day such suspension or revocation became effective. The corporation shall not, after the revocation of its certificate of authority solicit or issue any new subscriber’s contracts.
History:
[41-3412, added 1961, ch. 330, sec. 770, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3413 - SERVICES AND BENEFITS WHICH MAY BE PROVIDED PROFESSIONAL SERVICE CORPORATIONS.

41-3413. SERVICES AND BENEFITS WHICH MAY BE PROVIDED PROFESSIONAL SERVICE CORPORATIONS. (1) A professional service corporation shall have the right to provide to its subscribers part or all of the following services and benefits only:
(a) Professional services furnished to the subscriber by one (1) or more specified categories of participant licensees, as such categories are referred to in section 41-3403(9), Idaho Code, and subject to the requirements of section 41-3408(3), Idaho Code, (qualifications for authority) as to each such category;
(b) Indemnity in reasonable amounts with respect to professional services and drugs (under subscribers’ contracts providing for services of participant licensee pharmacists) furnished to the subscriber by nonparticipant licensees of the same category or categories as participant licensees of the service corporation, but subject to section 41-3408(3), Idaho Code, (qualifications for authority);
(c) Indemnity in reasonable amounts with respect to hospital services furnished the subscriber while under the care and treatment of a licensee entitled to practice in such hospital;
(d) Indemnity in reasonable amounts with respect to appliances, prosthetics and similar devices and replacements, and ambulance, x-ray, physiotherapy, and similar services; and
(e) Indemnity in reasonable amounts with respect to services rendered to the subscriber by licensees of a category or categories specified in the subscriber’s contract including any category of licensee defined in section 41-3403(9), Idaho Code, or rendered by other persons specified in the subscriber’s contract, duly licensed by the state to engage in any health care profession or practice. The portion of the total charges to subscribers for such coverage as is authorized by this paragraph shall not exceed one-third (1/3) of the total charges to all subscribers made by the service corporation for all services and benefits rendered in any calendar year.
(2) This section shall not be deemed to prohibit such a corporation from acting as compensated servicing agent as to health care services to be provided by any public agency or under agreements between other parties not solicited by such corporation.
History:
[41-3413, added 1961, ch. 330, sec. 771, p. 645; am. 1971, ch. 252, sec. 8, p. 1008; am. 2021, ch. 321, sec. 31, p. 971.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3414 - SERVICES AND BENEFITS WHICH MAY BE PROVIDED — HOSPITAL SERVICE CORPORATIONS.

41-3414. SERVICES AND BENEFITS WHICH MAY BE PROVIDED — HOSPITAL SERVICE CORPORATIONS. (1) A hospital service corporation shall have the right to provide to its subscribers part or all of the following services and benefits only:
(a) Hospital services furnished to the subscriber by participant hospitals;
(b) Indemnity in reasonable amount with respect to hospital services furnished to the subscriber by nonparticipant hospitals, but subject to section 41-3408(3) (qualifications for authority); and
(c) Indemnity in reasonable amount for other health care services, as defined in section 41-3403(1), but in no event shall such indemnity benefits be provided of a value in excess of seventy-five percent (75%) of the premium charged for hospital service and hospital indemnity benefits.
(2) This section shall not be deemed to prohibit such a corporation from acting as compensated servicing agent as to health care services to be provided by any public agency, or under agreements between other parties not solicited by such corporation.
History:
[41-3414, added 1961, ch. 330, sec. 772, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3415 - PROFESSIONAL SERVICE AGREEMENTS.

41-3415. PROFESSIONAL SERVICE AGREEMENTS. (1) A professional service corporation shall enter into service agreements with only licensees duly licensed by the state of Idaho.
(2) Each such service agreement shall require the participant licensees to furnish to subscribers of the service corporation the professional services which are, under the subscriber’s contract, to be furnished by participant licensees; and this obligation so to furnish such service, as provided for in the subscriber’s contract, shall be a direct obligation of the participant licensees to the subscribers as well as to the service corporation.
(3) Each such service agreement shall further effectively provide in substance that:
(a) The participant licensee shall be compensated for services rendered to a subscriber in accordance with a prescribed formula or a schedule of fees contained in the agreement or attached to and made a part of the agreement, and that the licensee shall not request or receive from the service corporation any compensation for such services which is not in accord with such formula or schedule.
(b) Compensation for services may be prorated and settled under the circumstances and in the manner referred to in section 41-3431, Idaho Code.
(c) If the participant licensee withdraws from the service agreement, such withdrawal shall not be effective as to any subscriber’s contract in force on the date of such withdrawal until the termination of such subscriber’s contract or the next following anniversary of such subscriber’s contract, whichever date is the earlier.
(4) The proposed form of any such service agreement shall be filed with the director and be subject to his approval, as provided in section 41-3419, Idaho Code.
(5) This section shall not apply as to participant pharmacists.
History:
[41-3415, added 1961, ch. 330, sec. 773, p. 645; am. 1971, ch. 252, sec. 9, p. 1008.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3415A - PHARMACISTS’ SERVICE AGREEMENTS.

41-3415A. PHARMACISTS’ SERVICE AGREEMENTS. (1) With respect to services of participant licensee pharmacists, the service agreement shall require the participant pharmacist to furnish to subscribers the pharmaceutical services and drugs which are, under the subscriber’s contract, to be furnished by participant pharmacists; and his obligation so to furnish such services and drugs as provided for in the subscriber’s contract, shall be a direct obligation of the participant pharmacist to the subscribers as well as to the service corporation.
(2) Each such service agreement shall further effectively provide in substance that:
(a) The participant pharmacist shall be compensated for services rendered and drugs furnished to a subscriber in accordance with a schedule of fees contained in the agreement or attached to and made a part of the agreement, and the pharmacist shall not request or receive from the service corporation or the subscriber any compensation for such services and drugs which is not in accord with such schedule. The subscriber may be required by the subscriber’s contract to pay a fixed fee to the participant pharmacist for each prescription as a prerequisite to receiving drugs or services from the participant pharmacist.
(b) Compensation for services may be prorated and settled under the circumstances and in the manner referred to in section 41-3431, Idaho Code.
(c) If the participant pharmacist withdraws from the agreement, such withdrawal shall not be effective as to any subscriber’s contract in force on the date of such withdrawal until the termination of such subscriber’s contract or the next following anniversary of such subscriber’s contract, whichever date is the earlier.
(3) The proposed form of any such service agreement shall be filed with the director and be subject to his approval, as provided in section 41-3419, Idaho Code.
History:
[I.C., sec. 41-3415A, as added by 1967, ch. 399, sec. 8, p. 1194; am. 1971, ch. 252, sec. 10, p. 1008.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 34 - HOSPITAL AND PROFESSIONAL SERVICE CORPORATIONS › Section 41-3416 - HOSPITAL SERVICE AGREEMENTS.

41-3416. HOSPITAL SERVICE AGREEMENTS. (1) A hospital service corporation shall enter into service agreements with only hospitals duly approved or licensed by the state of Idaho.
(2) Each such service agreement shall require the participant hospital to furnish to subscribers of the service corporation the hospital services which are, under the subscriber’s contract, to be furnished by participant hospitals; and this obligation so to furnish such service, as provided for in the subscriber’s contract, shall be a direct obligation of the participant hospitals to the subscribers as well as to the service corporation.
(3) Each such service agreement shall further effectively in substance provide that:
(a) The participant hospital shall be compensated for services rendered to a subscriber in accordance with a schedule of charges contained in the agreement or attached to and made a part of the agreement, and that the hospital shall not request or receive from the service corporation any compensation for such services which is not in accord with such schedule.
(b) Compensation for services may be prorated and settled under the circumstances and in the manner referred to in section 41-3431.
(c) If the participant hospital withdraws from the agreement, such withdrawal shall not be effective as to any subscriber’s contract in force on the date of such withdrawal until the termination of the subscriber’s contract or the next following anniversary of the subscriber’s contract, whichever date is the earlier.
(4) The service corporation shall terminate the service agreement as to a particular participant hospital, in addition to other bases of termination provided for in the agreement, if it is determined that the hospital has knowingly charged or attempted to charge the service corporation for any service not actually rendered, or has knowingly violated any material provision of the service agreement.
(5) The proposed form of any such service agreement and of any standard riders and endorsements thereto shall be filed with the director and be subject to his approval, as provided in section 41-3419.
History:
[41-3416, added 1961, ch. 330, sec. 774, p. 645.]