reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.01.01 - ADMINISTRATIVE RULES UNDER THE WORKER'S COMPENSATION LAW › Section 17.01.01.501 - RULE GOVERNING PROTECTION AND DISCLOSURE OF REHABILITATION DIVISION RECORDS

Current through August 31, 2023
01.
Request
			 for Disclosure
. Pursuant to Section
			 74-105(10), Idaho
			 Code, a party requesting rehabilitation records shall do so in writing and
			 identify which provision of 74-105(10), Idaho Code, authorizes their request.
			 (3-23-22)
02.
Requests from
			 Other Agencies
. If records are in the possession of the Rehabilitation
			 Division by reason of an agreement to comply with valid confidentiality
			 regulations of any agency of the state of Idaho, or agency of the United
			 States, then disclosure shall be requested from the source agency, and not from
			 the Rehabilitation Division. (3-23-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.01.01 - ADMINISTRATIVE RULES UNDER THE WORKER'S COMPENSATION LAW › Section 17.01.01.502 - RULE GOVERNING REPORTS OF ATTORNEY COSTS AND FEES IN LITIGATED CASES

Current through August 31, 2023
When requested by the Commission, parties to a Litigated Case
				shall provide the Commission the information required by Section
				72-528, Idaho Code. The form for
				Sureties is Form 1022 and the form for Claimant's attorneys is Form 1023; both
				are available on the Commission's website. (3-23-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.01.01 - ADMINISTRATIVE RULES UNDER THE WORKER'S COMPENSATION LAW › Section 17.01.01.601 - SUBMISSION OF FROI AND SROI

Current through August 31, 2023
01.
Purpose
. Pursuant to Sections
			 72-602(1) -(2),
			 Idaho Code, employers must submit a FROI and/or SROI in accordance with these
			 rules. (3-23-22)
02.
EDI
			 Reporting
. The Commission requires electronic submission of FROIs and
			 SROIs in accordance with the most current versions of the IAIABC EDI Claims
			 Release 3.0, or release 3.1 after September 14, 2023, and the Commission's EDI
			 Guides and Tables from any employer not otherwise exempt by these rules. Each
			 FROI and SROI must comply with formatting requirements and must contain the
			 information identified as mandatory or mandatory conditional, as applicable.
			 (4-6-23)
03.
Trading Partner
			 Agreements
. Before commencing with electronic reporting, Trading
			 Partners shall electronically submit a Trading Partner Agreement with the
			 Commission, which the Commission must approve prior to submitting reports. This
			 agreement must provide the effective date to send and receive electronic
			 reports, the acceptable data to be sent and received, the method of
			 transmission to be used, and other pertinent elements. This agreement will
			 identify the insurance carrier, the Claims Administrator, the sender of the
			 electronic files, and the electronic filing method. To ensure the accuracy of
			 reported data, the Trading Partner must maintain their profile to reflect
			 changes as they occur and the Commission may make periodic audits of Trading
			 Partner files. In the event that a Trading Partner Agreement is entered into by
			 a Claims Administrator, notice to the Trading Partner of a FROI shall be deemed
			 to be notice to the underlying insurance carrier or self-insured employer.
			 (3-23-22)
04.
Report Form and
			 Content for Parties Exempt from EDI Requirements
. (3-23-22)
a. Individual injured workers, injured
			 worker's legal counsel, and employers that are not insured are not required to
			 comply with EDI requirements for FROIs and SROIs. (3-23-22)
b. Parties exempt from EDI requirements must
			 submit FROIs on a form 1A-1 and SROIs on a form IC-8, or in a format
			 substantially similar. Both forms are available on the Commission's website.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.01.01 - ADMINISTRATIVE RULES UNDER THE WORKER'S COMPENSATION LAW › Section 17.01.01.602 - FINAL REPORTS

Current through August 31, 2023
01.
Report
			 Requirements
. An electronic filing of the Final Report as prescribed by
			 Commission EDI requirements shall be filed for all indemnity claims or any
			 claims resolved by lump sum settlement within thirty (30) days from the date
			 the surety or self-insured employer closes the claim file. In the case of
			 medical-only claims, no Final Report need be filed. For death claims and
			 permanent total disability claims, Annual Reports shall be filed within the
			 first quarter of each calendar year. A Final Report shall be filed within
			 thirty (30) days from the date the surety or self-insured employer closes the
			 death or permanent total disability claim file. In the event the Commission is
			 unable to reconcile the Annual Report or Final Report, a request for additional
			 information may be made, either in writing or telephonically, and the surety or
			 self-insured employer shall submit the requested information within fifteen
			 (15) working days of the request. If the surety or self-insured employer is
			 unable to furnish the requested information, the surety or self-insured
			 employer shall notify the Commission, in writing, of its inability to respond
			 and the reasons therefor within fifteen (15) workings days of the request.
			 (3-23-22)
02.
Format
.
			 The required format for Final Reports is contingent on the claim file date:
			 (3-23-22)
a. Final Reports for legacy claims
			 filed on paper or via EDI Claims 1.0 prior to November 4, 2017, shall be
			 submitted in a format substantially similar to IC Form 6, available on the
			 Commission's website, or EDI Claims Release 3.1 after September 14, 2023.
			 (4-6-23)
b. Final Reports for
			 legacy claims filed via EDI Claims 3.0 shall be submitted electronically via
			 EDI Claims 3.0, or EDI Claims 3.1 after September 14, 2023.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.01.01 - ADMINISTRATIVE RULES UNDER THE WORKER'S COMPENSATION LAW › Section 17.01.01.801 - RULE GOVERNING CHANGE OF STATUS NOTICE TO CLAIMANTS

Current through August 31, 2023
01.
Notice of Change of Status
.
			 As required and defined by Section
			 72-806, Idaho Code, a worker shall
			 receive written notice within fifteen (15) days of any change of status or
			 condition, including, but not limited to, whenever there is an acceptance,
			 commencement, denial, reduction, or cessation of medical or monetary
			 compensation benefits to which the worker might presently or ultimately be
			 entitled. Such notice is required when benefits are curtailed to recoup any
			 overpayment of benefits in accordance with the provisions of Section
			 72-316, Idaho Code.
			 (3-23-22)
02.
By Whom
			 Given
. Any notice to a worker required by Section
			 72-806, Idaho Code, shall be given
			 by: the surety if the employer has secured Worker's Compensation Insurance; or
			 the employer if the employer is self-insured; or the employer if the employer
			 carries no Worker's Compensation Insurance. (3-23-22)
03.
Form of Notice
. Any notice
			 to a worker required by Section
			 72-806, Idaho Code, shall be
			 mailed within ten (10) days by regular United States Mail to the last known
			 address of the worker, as shown in the records of the party required to give
			 notice as set forth above. The Notice shall be given in a format substantially
			 similar to IC Form 8, available on the Commission's website.
			 (3-23-22)
04.
Medical
			 Reports
. As required by Section
			 72-806, Idaho Code, if the change
			 is based on a Medical Report, the party giving notice shall attach a copy of
			 the report to the notice. (3-23-22)
05.
Copies of Notice
. The party
			 giving notice pursuant to Section
			 72-806, Idaho Code, shall send a
			 copy of any such notice to the Industrial Commission, the employer, and the
			 worker's attorney, if the worker is represented, at the same time notice is
			 sent to the worker. The party giving notice may supply the copy to the
			 Industrial Commission in accordance with the Commission's rule on electronic
			 submission of documents. In the case of an overpayment recovery request made
			 pursuant to I.C. 72-316, notice shall be contemporaneously submitted to the
			 Commission in paper format. (3-23-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.01.01 - ADMINISTRATIVE RULES UNDER THE WORKER'S COMPENSATION LAW › Section 17.01.01.802 - RULE GOVERNING APPROVAL OF ATTORNEYS FEES

Current through August 31, 2023
01.
Purpose
. The Industrial Commission promulgates this rule to govern
			 the approval of attorney fees. (3-23-22)
02.
Charges Presumed Reasonable
:
			 (3-23-22)
a. In a case in which no hearing on
			 the merits has been held, twenty-five percent (25%) of Available Funds shall be
			 presumed reasonable; or (3-23-22)
b. In a case in which a hearing has been held
			 and briefs submitted (or waived) under Judicial Rules of Practice and Procedure
			 (JRP), Rules X and XI, thirty percent (30%) of Available Funds shall be
			 presumed reasonable; or (3-23-22)
c. In any case in which compensation is paid
			 for total permanent disability, fifteen percent (15%) of such disability
			 compensation after ten (10) years from date such total permanent disability
			 payments commenced. (3-23-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.01.01 - ADMINISTRATIVE RULES UNDER THE WORKER'S COMPENSATION LAW › Section 17.01.01.803 - MEDICAL FEES

Current through August 31, 2023
01.
General
			 Provisions for Medical Fees
. The following provisions shall apply to
			 Commission approval of claims for medical benefits. (3-23-22)
a. Acceptable Charge. Payors shall pay
			 Providers the acceptable charge for medical services. (3-23-22)
b. Coding. The Commission will generally
			 follow the coding guidelines published by CMS and by the American Medical
			 Association, including the use of modifiers. (3-23-22)
c. Disputes. Disputes between Providers and
			 Payors are governed by Subsection
			 803.06 of this rule and JRP 19.
			 (3-23-22)
d. Outside of Idaho.
			 Reimbursement for medical services provided outside the state of Idaho may be
			 based upon the agreement of the parties. If there is no agreement, services
			 shall be paid in accordance with the worker's compensation fee schedule in
			 effect in the state in which services are rendered. If there is no fee schedule
			 in effect in such state, or if the fee schedule in that state does not allow
			 reimbursement for the services rendered, reimbursement shall be paid in
			 accordance with these rules. (3-23-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.10.01 - ADMINISTRATIVE RULES UNDER THE CRIME VICTIMS COMPENSATION ACT › Section 17.10.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections
				72-1004 and
				72-1013, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.10.01 - ADMINISTRATIVE RULES UNDER THE CRIME VICTIMS COMPENSATION ACT › Section 17.10.01.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Chapter 1 , Section
				11, Subsection
				5, provides for appeals to the
				Commission from decisions of the Crime Victims Compensation Bureau.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.10.01 - ADMINISTRATIVE RULES UNDER THE CRIME VICTIMS COMPENSATION ACT › Section 17.10.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Commission
. The Idaho
			 Industrial Commission. (3-31-22)
02.
Crime Victim's Compensation
			 Program.
The program administered by the Crime Victim's Bureau of the
			 Idaho Industrial Commission under the Crime Victim's Compensation Act.
			 (3-31-22)
03.
Employer
. The employer at the time of the criminally injurious
			 conduct on which the Application for Compensation is based. (3-31-22)
04.
Medical Services
. Words and
			 terms used for determining the allowable payment for medical services under
			 these rules are defined in Subsections
			 010.04.a. through 010.04.h.
			 (3-31-22)
a. "Allowable payment" means the
			 lower of the charge for medical services calculated in accordance with this
			 rule or as billed by the provider. (3-31-22)
b. "Ambulatory Surgery Center (ASC)" means a
			 facility providing surgical services on an outpatient basis only.
			 (3-31-22)
c. "Hospital" is any
			 acute care facility providing medical or rehabilitation services on an
			 inpatient and outpatient basis. (3-31-22)
i.
			 Large Hospital means any hospital with more than one hundred (100) acute care
			 beds. (3-31-22)
ii. Small Hospital
			 means any hospital with one hundred (100) acute care beds or less.
			 (3-31-22)
d. "Provider"
			 means any person, firm, corporation, partnership, association, agency,
			 institution, or other legal entity providing any kind of medical service
			 related to the treatment of a claimant for benefits under the Idaho Crime
			 Victims Compensation Act. (3-31-22)
e. "Medical Service" means medical, surgical,
			 dental, mental health, or other attendance or treatment, nurse and hospital
			 service, medicine, apparatus, appliance, prostheses and related service,
			 facility, equipment and supply. (3-31-22)
f. "Reasonable" means a charge does not
			 exceed the Provider's "usual" charge and does not exceed the "customary"
			 charge, as defined in Paragraph 010.04.h. (3-31-22)
g. "Usual" means the most frequent charge
			 made by an individual Provider for a given medical service to non-industrially
			 injured patients. (3-31-22)
h.
			 "Customary" means a charge that has an upper limit no higher than the 90th
			 percentile, as determined by the Commission, of usual charges made by Idaho
			 Providers for a given medical service. (3-31-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.10.01 - ADMINISTRATIVE RULES UNDER THE CRIME VICTIMS COMPENSATION ACT › Section 17.10.01.012 - HEARING PROCEDURES

Current through August 31, 2023
01.
Request
			 for Hearing
. If a Request for Hearing is filed, an informal hearing
			 shall be held. The Commission may conduct the hearing or it may assign the
			 matter to a Commissioner or Referee. If the matter is assigned to a
			 Commissioner or a Referee, the Commissioner or Referee shall submit recommended
			 findings and decision to the Commission for its review. (3-31-22)
02.
Recommendations
. If the
			 Commission does not approve the recommendations of a member or Referee, the
			 Commission may: (3-31-22)
a. Review the record
			 and enter its own findings and decision; (3-31-22)
b. Conduct another informal hearing and issue
			 a decision based upon the record of both hearings; or (3-31-22)
c. Assign the matter to another member or
			 Referee to conduct another informal hearing and make recommendations pursuant
			 to Subsection 012.01
			 above based upon the record of both hearings. (3-31-22)
Idaho Administrative Code › Title IDAPA 17 - Industrial Commission › Rule 17.11.01 - ADMINISTRATIVE RULES OF PEACE OFFICER AND DETENTION OFFICER TEMPORARY DISABILITY ACT › Section 17.11.01.011 - RULE GOVERNING APPLICATIONS FOR REIMBURSEMENT FROM THE PEACE OFFICER AND DETENTION OFFICER TEMPORARY DISABILITY FUND

Current through August 31, 2023
01.
Application
. An employer eligible to seek reimbursement from the
			 Peace Officer and Detention Officer Temporary Disability Fund may do so on the
			 form provided by the Commission, available online. (4-6-23)
02.
Payments
. Payments to
			 employers requesting reimbursement from the Peace Officer and Detention Officer
			 Temporary Disability Fund will be made within thirty (30) days of receipt of an
			 approved request for reimbursement, subject to the availability of money in
			 that fund. (4-6-23)
03.
Disputes
. To the extent practicable, disputes arising under
			 Chapter 11, Title 72 will be resolved by the Industrial Commission in
			 accordance with the Judicial Rules of Practice and Procedure under the Idaho
			 Workers' Compensation laws (JRP) and statutes governing the resolution of
			 disputes in Workers' Compensation cases. Dispute resolution is initiated by the
			 filing of a complaint. (4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. IDAPA 18.01.01, "Rule to Implement the Privacy of Consumer
			 Financial Information." (3-31-22)
02.
Scope
. This rule describes
			 the conditions under which a licensee may disclose nonpublic personal financial
			 information about individuals to affiliates and nonaffiliated third parties and
			 provides methods for individuals to prevent a licensee from disclosing that
			 information. (3-31-22)
03.
Applicability
. This rule applies to nonpublic personal financial
			 information about individuals who obtain or are beneficiaries of products or
			 services primarily for personal, family, or household purposes from licensees.
			 This rule does not apply to information about companies or individuals who
			 obtain products or services for business, commercial, or agricultural purposes.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.010 - DEFINITIONS

Current through August 31, 2023
All terms defined in Title 41, Chapters 1 and 13, Idaho Code,
				that are used in this rule have the same meaning as used in those chapters. In
				addition, the following terms are defined as used in this chapter.
				(3-31-22)
01.
Clear and
			 Conspicuous
. (3-31-22)
a. A notice is
			 reasonably understandable and designed to call attention to the nature and
			 significance of the information in the notice if it: (3-31-22)
i. Presents the information in clear, concise
			 sentences, paragraphs, and sections; (3-31-22)
ii. Uses short explanatory sentences or
			 bullet lists whenever possible; (3-31-22)
iii. Uses definite, concrete, everyday words
			 and active voice whenever possible; (3-31-22)
iv. Avoids multiple negatives;
			 (3-31-22)
v. Avoids legal and
			 highly technical business terminology whenever possible; (3-31-22)
vi. Avoids explanations that are imprecise
			 and readily subject to different interpretations. (3-31-22)
vii. Uses an easy-to-read typeface and type
			 size, and uses boldface or italics for key words; and (3-31-22)
viii. When in a form that combines the
			 licensee's notice with other information, uses distinctive type size, style,
			 and graphic devices. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.100 - INITIAL PRIVACY NOTICE TO CONSUMERS

Current through August 31, 2023
01.
Initial
			 Notice Requirement
. A licensee will provide a clear and conspicuous
			 notice that accurately reflects its privacy policies and practices to:
			 (3-31-22)
a. A customer no later than when the
			 licensee establishes a customer relationship, except as provided in Subsection
			 100.03 of this rule; and
			 (3-31-22)
b. A consumer, before the
			 licensee discloses any nonpublic personal financial information about the
			 consumer to any nonaffiliated third party, if the licensee makes a disclosure
			 other than as authorized by Sections
			 451 and
			 452. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.150 - ANNUAL PRIVACY NOTICE TO CUSTOMERS

Current through August 31, 2023
01.
General
			 Rule
. A licensee will provide a clear and conspicuous notice to
			 customers that accurately reflects its privacy policies and practices not less
			 than annually during the continuation of the customer relationship.
			 (3-31-22)
02.
Exceptions:
			 Termination of Customer Relationship and Duplicate Notices
. (3-31-22)
a. A licensee is not obligated to provide an
			 annual notice to a former customer. A former customer is an individual with
			 whom a licensee no longer has a customer relationship. (3-31-22)
i. In the case of providing real estate
			 settlement services, at the time the customer completes execution of all
			 documents related to the real estate closing, payment for those services has
			 been received, or the licensee has completed all of its responsibilities with
			 respect to the settlement, including filing documents on the public record,
			 whichever is later. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.200 - INFORMATION TO BE INCLUDED IN PRIVACY NOTICES

Current through August 31, 2023
The initial, annual and revised privacy notices a licensee
				provides, under Sections
				100,
				150, and
				300, needs to include each of the
				following items of information, in addition to any other information the
				licensee wishes to provide: (3-31-22)
01.
Information Licensee Collects or
			 Discloses
. The categories of nonpublic personal financial information
			 the licensee collects or discloses. (3-31-22)
02.
Parties to Whom Licensee
			 Discloses
. The categories of third parties to whom the licensee
			 discloses nonpublic personal financial information, other than those parties to
			 whom the licensee discloses information under Sections
			 451 and
			 452. (3-31-22)
03.
Disclosures of Information About
			 Former Customers
. The categories of nonpublic personal financial
			 information about the licensee's former customers the licensee discloses, and
			 the categories of third parties to whom the licensee discloses nonpublic
			 personal financial information about the licensee's former customers, other
			 than those parties to whom the licensee discloses information under Sections
			 451 and
			 452. (3-31-22)
04.
Disclosures Under Section
			 450
. If a licensee
			 discloses nonpublic personal financial information to a nonaffiliated third
			 party under Section 450 (and no
			 other exception in Sections
			 451 and
			 452 applies to that disclosure), a
			 separate description of the categories of information the licensee discloses
			 and the categories of third parties with whom the licensee has contracted is to
			 provided. (3-31-22)
05.
Explanation of Right to Opt Out
. An explanation of the consumer's
			 right under Subsection
			 400.01 to opt out of the
			 disclosure of nonpublic personal financial information to nonaffiliated third
			 parties, including the methods by which the consumer may exercise their right
			 at that time. (3-31-22)
06.
Disclosures Under Federal Law
. Any disclosures the licensee makes
			 under Section 603(d)(2)(A)(iii)
			  of the federal Fair Credit Reporting Act (
			 15 U.S.C.
			 1681a(d)(2)(A)(iii) )
			 (notices regarding the ability to opt out of disclosures of information among
			 affiliates); and the licensee's policies and practices with respect to
			 protecting the confidentiality and security of nonpublic personal information.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.201 - DESCRIPTION OF PARTIES SUBJECT TO EXCEPTIONS

Current through August 31, 2023
If a licensee discloses nonpublic personal financial
				information as authorized under Sections
				451 and
				452, the licensee is not obligated
				to list those exceptions in the initial or annual privacy notices prescribed by
				Sections 100 and
				150. When describing the categories
				of parties to whom disclosure is made, the licensee will state only that it
				makes disclosures to other third parties. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.202 - SATISFYING THE PRIVACY NOTICE INFORMATION REQUIREMENTS

Current through August 31, 2023
01.
Categories of Nonpublic Personal
			 Financial Information That the Licensee Collects
. A licensee satisfies
			 the requirement to categorize the nonpublic personal financial information it
			 collects if the licensee categorizes it according to the source of the
			 information, as applicable: (3-31-22)
a.
			 Information from the consumer; (3-31-22)
b. Information about the consumer's
			 transactions with the licensee, its affiliates, or third parties;
			 (3-31-22)
c. Information from a
			 consumer reporting agency. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.203 - SHORT-FORM INITIAL NOTICE WITH OPT OUT NOTICE FOR NON-CUSTOMERS

Current through August 31, 2023
01.
Short-Form Initial Notice
			 Allowed
. A licensee may satisfy the initial notice requirements for a
			 consumer who is not a customer, by providing a short-form initial notice at the
			 same time the licensee delivers an opt out notice as prescribed in Section
			 250. (3-31-22)
02.
Short-Form Initial Notice
			 Requirements
. A short-form initial notice will: (3-31-22)
a. Be clear and conspicuous;
			 (3-31-22)
b. State that the
			 licensee's privacy notice is available upon request; and (3-31-22)
c. Explain a reasonable means by which the
			 consumer may obtain the notice. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.250 - FORM OF OPT OUT NOTICE TO CONSUMERS

Current through August 31, 2023
01.
Opt
			 Out Notice Form
. If a licensee is prescribed to provide an opt out
			 notice under Subsection
			 400.01, it will provide a clear
			 and conspicuous notice to each of its consumers that accurately explains the
			 right to opt out under Section
			 400. The notice will state:
			 (3-31-22)
a. The licensee discloses or
			 reserves the right to disclose nonpublic personal financial information about
			 its consumer to a nonaffiliated third party; (3-31-22)
b. The consumer has the right to opt out of
			 that disclosure; and (3-31-22)
c. A
			 reasonable means by which the consumer may exercise the opt out right.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.251 - PROVIDING OPT OUT NOTICE TO CONSUMERS AND COMPLYING WITH OPT OUT DIRECTION

Current through August 31, 2023
01.
Joint
			 Relationships
. If two (2) or more consumers jointly obtain an insurance
			 product or service from a licensee, the licensee may provide a single opt out
			 notice providing any of the joint consumers to exercise the right to opt out.
			 The licensee may either: (3-31-22)
a. Treat an
			 opt out direction by a joint consumer as applying to all of the associated
			 joint consumers; or (3-31-22)
b.
			 Permit each joint consumer to opt out separately. (3-31-22)
c. A licensee cannot require all joint
			 consumers to opt out before it implements any opt out direction.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.300 - REVISED PRIVACY NOTICES

Current through August 31, 2023
01.
General
			 Rule
. A licensee will not disclose any nonpublic personal financial
			 information other than as described in the initial notice that the licensee
			 provided to that consumer under Section
			 100, unless: (3-31-22)
a. The licensee has provided to the consumer
			 a clear and conspicuous revised notice that accurately describes its policies
			 and practices; (3-31-22)
b. The
			 licensee has provided to the consumer a new opt out notice; (3-31-22)
c. The licensee has given the consumer a
			 reasonable opportunity, before the licensee discloses the information to the
			 nonaffiliated third party, to opt out of the disclosure; and
			 (3-31-22)
d. The consumer does not
			 opt out. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.350 - DELIVERY

Current through August 31, 2023
01.
How to Provide Notices
. A
			 licensee will make available any notices that this rule requires so that each
			 consumer can reasonably be expected to receive actual notice in writing or, if
			 the consumer agrees, electronically. (3-31-22)
02.
Reasonable Expectation of
			 Notice
. A licensee may reasonably expect that a consumer will receive
			 actual notice if the licensee: (3-31-22)
a.
			 Hand-delivers a printed copy of the notice to the consumer; (3-31-22)
b. Mails a printed copy of the notice to the
			 last known address of the consumer separately, or in a policy, billing or other
			 written communication; or (3-31-22)
c. For a consumer who conducts transactions
			 electronically, or an isolated transaction with a consumer, such as the
			 licensee providing an insurance quote or selling the consumer travel insurance,
			 posts the notice on the electronic site and requires the consumer to
			 acknowledge receipt of the notice as a necessary step to obtaining a particular
			 insurance product or service. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.400 - LIMITS ON DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION TO NONAFFILIATED THIRD PARTIES

Current through August 31, 2023
01.
Conditions for Disclosure
. (3-31-22)
a. Except as authorized in this rule, a
			 licensee will not, directly or through any affiliate, disclose any nonpublic
			 personal financial information about a consumer to a nonaffiliated third party
			 unless: (3-31-22)
i. The licensee has provided
			 to the consumer an initial notice as prescribed under Section
			 100; (3-31-22)
ii. The licensee has provided to the consumer
			 an opt out notice as prescribed in Sections
			 250 and
			 251; (3-31-22)
iii. The licensee has given the consumer a
			 reasonable opportunity to opt out of the disclosure before it discloses the
			 information to the nonaffiliated third party; and (3-31-22)
iv. The consumer does not opt out.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.401 - LIMITS ON REDISCLOSURE AND REUSE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION

Current through August 31, 2023
01.
Information the Licensee Receives Under an Exception
. If a
			 licensee receives nonpublic personal financial information from a nonaffiliated
			 financial institution, the licensee may disclose the information only:
			 (3-31-22)
a. To the affiliates of the
			 financial institution from which the licensee received the information; and
			 (3-31-22)
b. To its affiliates, but
			 its affiliates may, in turn, disclose the information only to the extent that
			 the licensee may disclose the information. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.402 - LIMITS ON SHARING ACCOUNT NUMBER INFORMATION FOR MARKETING PURPOSES

Current through August 31, 2023
A licensee will not, directly or through an affiliate,
				disclose, other than to a consumer reporting agency, a policy number or similar
				form of access number or access code for a consumer's policy or transaction
				account to any nonaffiliated third party for use in telemarketing, direct mail
				marketing or other marketing through electronic mail to the consumer.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.450 - EXCEPTION TO OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION FOR SERVICE PROVIDERS AND JOINT MARKETING

Current through August 31, 2023
01.
General Rule
. (3-31-22)
a. The opt out requirements in Sections
			 250,
			 251 and
			 400 do not apply when a licensee
			 provides nonpublic personal financial information to a nonaffiliated third
			 party to perform services for the licensee or functions on the licensee's
			 behalf, if the licensee: (3-31-22)
i.
			 Provides the initial notice in accordance with Section
			 100; and (3-31-22)
ii. Enters into a contractual agreement with
			 the third party that prohibits the third party from disclosing or using the
			 information other than to carry out the purposes for which the licensee
			 disclosed the information, including use under an exception in Section
			 451 or
			 452 in the ordinary course of
			 business to carry out those purposes. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.451 - EXCEPTIONS TO NOTICE AND OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION FOR PROCESSING AND SERVICING TRANSACTIONS

Current through August 31, 2023
01.
Exceptions
. The requirements
			 for initial notice in Paragraph 1OO.O1.b., the opt out in Sections
			 250,
			 251, and
			 400, and service providers and
			 joint marketing in Section
			 450 do not apply if the licensee
			 discloses nonpublic personal financial information as necessary to effect,
			 administer or enforce a transaction that a consumer requests or authorizes, or
			 in connection with: (3-31-22)
a. Servicing or
			 processing an insurance product or service that a consumer requests or
			 authorizes; (3-31-22)
b.
			 Maintaining or servicing the consumer's account with a licensee, or with
			 another entity as part of a private label credit card program or other
			 extension of credit on behalf of such entity; (3-31-22)
c. A proposed or actual securitization,
			 secondary market sale (including sales of servicing rights) or similar
			 transaction related to a transaction of the consumer; or (3-31-22)
d. Reinsurance or stop loss or excess loss
			 insurance. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.01 - RULE TO IMPLEMENT THE PRIVACY OF CONSUMER FINANCIAL INFORMATION › Section 18.01.01.500 - NONDISCRIMINATION

Current through August 31, 2023
A licensee will not unfairly discriminate against any consumer
				or customer because that consumer or customer has opted out from the disclosure
				of their nonpublic personal financial information pursuant to the provisions of
				this rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.02 - SCHEDULE OF FEES, LICENSES, AND MISCELLANEOUS CHARGES › Section 18.01.02.011 - FEES PAYABLE IN ADVANCE

Current through August 31, 2023
The director will collect in advance fees, licenses, and
				miscellaneous charges as outlined in this rule. (3-23-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.02 - SCHEDULE OF FEES, LICENSES, AND MISCELLANEOUS CHARGES › Section 18.01.02.020 - INSURER FEES

Current through August 31, 2023
01.
Annual
			 Continuation Fee
. All insurers and other entities (set forth in Section
			 020) licensed, listed, or approved
			 to do business in the state of Idaho will pay an annual continuation fee.
			 (3-23-22)
a. The annual continuation fee is
			 due on March 1st each year and is payment of the insurer's fees due through the
			 following February. (3-23-22)
b.
			 The annual continuation fee is charged at the time the insurer applies for
			 admission to do business in the state of Idaho. If the application is approved,
			 the fee paid will cover the insurer's fees through the following February.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.02 - SCHEDULE OF FEES, LICENSES, AND MISCELLANEOUS CHARGES › Section 18.01.02.030 - PRODUCER AND MISCELLANEOUS LICENSING FEES

Current through August 31, 2023
01.
Original License Application
. The following fees are due and need
			 to be paid with the filing application for original license: (3-23-22)
a. Administrators -- three hundred dollars
			 ($300). (3-23-22)
b. Producers --
			 eighty dollars ($80). (3-23-22)
c.
			 Designation as a managing general agent -- eighty dollars ($80).
			 (3-23-22)
d. Adjusters and public
			 adjusters -- eighty dollars ($80). (3-23-22)
e. Reinsurance intermediary -- eighty dollars
			 ($80). (3-23-22)
f. Surplus line
			 brokers -- eighty dollars ($80). (3-23-22)
g. Life settlement providers -- five hundred
			 dollars ($500). (3-23-22)
h. Life
			 settlement brokers -- three hundred dollars ($300). (3-23-22)
i. Independent review organization -- five
			 hundred dollars ($500). (3-23-22)
j. Vendor of portable electronics insurance,
			 a type of limited lines producer: (3-23-22)
i.
			 A vendor of portable electronic insurance who is engaged in portable electronic
			 transactions at more than ten (10) locations in the state of Idaho -- one
			 thousand dollars ($1,000). (3-23-22)
ii. A vendor of portable electronic insurance
			 who is engaged in portable electronic transactions at ten (10) or fewer
			 locations in the state of Idaho -- one hundred dollars ($100).
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.02 - SCHEDULE OF FEES, LICENSES, AND MISCELLANEOUS CHARGES › Section 18.01.02.040 - MISCELLANEOUS FEES

Current through August 31, 2023
01.
Certified
			 Copy
. Certified copy of certificate of authority, license or
			 registration - Fifty dollars ($50). (3-23-22)
02.
Certificate Under Seal
.
			 Director's certificate under seal (except for those under Subsection
			 040.01 of this rule) - Twenty
			 dollars ($20). (3-23-22)
03.
Documents Filed
. For each copy of a document filed in the DOI, a
			 reasonable cost as fixed by the director. For rate and form filings not
			 submitted electronically through the national System for Electronic Rate and
			 Form Filing (SERFF) -- Twenty dollars ($20) for each rate or form filed in
			 excess of ten (10) per calendar year. (3-23-22)
04.
Insurer Service of Process
.
			 For receiving and forwarding copy of summons or other process served upon the
			 director as process agent of an insurer -- Thirty dollars ($30).
			 (3-23-22)
05.
Agent Service
			 of Process
. For receiving and forwarding copy of summons or other
			 process served upon the director as process agent of a nonresident producer or
			 other person for which the director is authorized to serve as statutory agent
			 for service of process -- Thirty dollars ($30). (3-23-22)
06.
Continuing Education
. Filing
			 continuing education applications for approval and certification of subjects of
			 courses (each application) -- Twenty-five dollars ($25). (3-23-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.01.02 - SCHEDULE OF FEES, LICENSES, AND MISCELLANEOUS CHARGES › Section 18.01.02.051 - OVERPAYMENTS

Current through August 31, 2023
Overpayments of published fees will be returned only when such
				overpayments exceed twenty dollars ($20), or upon request of the payor.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.01 - INSURANCE RATES AND CREDIT RATING › Section 18.02.01.010 - DEFINITIONS

Current through August 31, 2023
As used in this chapter, the following words have the following
				meanings: (3-31-22)
01.
Consumer
			 Report
. Any written, oral, or other communication of any information by
			 a consumer reporting agency regulated under the federal Fair Credit Reporting
			 Act ( 15 U.S.C.
			 1681 ) that bears on a consumer's credit
			 worthiness, credit standing, credit capacity, character, general reputation,
			 personal characteristics, or mode of living. (3-31-22)
02.
Credit Factor
. A factor or
			 criterion that consists of or is derived from information obtained from a
			 consumer report, and is used by an insurer in determining policy premium rates
			 or in determining whether to issue, cancel, or nonrenew a policy.
			 (3-31-22)
03.
Noncredit
			 Factor
. Any factor other than a credit factor reasonably expected to
			 affect the risk assumed by an insurer and used by the insurer in determining
			 policy premium rates, or in determining whether to issue, cancel or nonrenew a
			 policy. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.01 - INSURANCE RATES AND CREDIT RATING › Section 18.02.01.100 - USE OF CREDIT FACTORS

Current through August 31, 2023
01.
Application of Statute
. To determine whether a decision is not
			 improperly based primarily upon a credit factor or factors, the Department will
			 apply the following criteria: (3-31-22)
a. If
			 an insurer declines to issue, nonrenews or cancels a policy based in any part
			 upon a credit factor, then the insurer will maintain records demonstrating
			 noncredit factors played a greater role in the decision than credit factors.
			 (3-31-22)
b. If an insurer relies
			 in any part upon a credit factor to establish an initial rate or to impose an
			 increase in premium rate for a customer, then the insurer is to ensure the
			 premium rate using the highest credit factor does not exceed twice the premium
			 using the lowest credit factor, all noncredit factors being unchanged and
			 notwithstanding any optional coverage. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.01 - INSURANCE RATES AND CREDIT RATING › Section 18.02.01.201 - RETENTION OF RECORDS

Current through August 31, 2023
Insurers subject to this rule will document the factors and
				criteria considered in underwriting and rating decisions and will retain the
				documentation for at least five (5) years. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.02 - AUTOMOBILE INSURANCE POLICIES › Section 18.02.02.001 - SCOPE

Current through August 31, 2023
Assists in implementing and interpreting Sections
				41-2502, and
				41-2506 through
				41-2509, Idaho Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.02 - AUTOMOBILE INSURANCE POLICIES › Section 18.02.02.010 - DEFINITIONS

Current through August 31, 2023
01.
Act
. "The Act" means
			 Sections 41-2506 through
			 41-2512, Idaho Code.
			 (4-6-23)
02.
Conviction
. For purposes of Section
			 41-2507, Idaho Code, the term
			 "conviction" means a final conviction by any court having competent
			 jurisdiction over violations of laws regulating the operation of motor
			 vehicles. An overtime parking violation is not considered a conviction.
			 (4-6-23)
03.
Underinsured
			 Motorist (UIM) Coverage Types
. "Offset" or "Difference in Limits" UIM
			 coverage has limits that decrease by any amounts recovered from another party's
			 insurance. "Excess" UIM coverage has limits that are added to what is paid by
			 another party's insurance. (4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.02 - AUTOMOBILE INSURANCE POLICIES › Section 18.02.02.011 - MISREPRESENTATIONS IN THE APPLICATION

Current through August 31, 2023
After properly notifying the insured, an insurer may cancel or
				refuse to renew a policy if the insurer has evidence the named insured or their
				legal representative made fraudulent or material misrepresentations, omissions,
				concealment of facts or incorrect statements in obtaining the policy and if the
				insurer in good faith would not have issued the policy or covered a particular
				hazard if the true facts had been made known to the insurer. This is not to be
				construed to allow the insurer to void or rescind coverage to prevent a
				recovery in the event of a loss otherwise insured by the policy.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.02 - AUTOMOBILE INSURANCE POLICIES › Section 18.02.02.012 - TERMINATION TIMING

Current through August 31, 2023
Unless otherwise agreed by the insured, insurer, and the
				lienholder, if any, the time and date of cancellation of a policy for
				nonpayment of premium will be no earlier than ten (10) days after the date such
				notice was mailed or delivered at the last known address of the named insured.
				The date of mailing is the first day, and the tenth day ends at midnight. Any
				existing policy will terminate on the effective date of another policy procured
				by the insured with respect to any automobile designated in both policies and
				containing duplicate insurance coverage. (4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.02 - AUTOMOBILE INSURANCE POLICIES › Section 18.02.02.013 - NOTICE OF PREMIUM DUE AS INSURER'S WILLINGNESS TO RENEW

Current through August 31, 2023
An insurer's mailing of the renewal premium notice constitutes
				the insurer's willingness to renew. If the insured fails to pay the renewal
				premium when due, the policy will terminate per its terms. The insurer need not
				further notify the insured of the insurer's intent not to renew for nonpayment.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.02 - AUTOMOBILE INSURANCE POLICIES › Section 18.02.02.014 - ACCEPTABLE FORMS FOR CERTAIN NOTICES

Current through August 31, 2023
The insurer will prepare forms of notice to use and submit to
				the Director for approval. Examples of acceptable language are available on the
				Department's website. (4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.02 - AUTOMOBILE INSURANCE POLICIES › Section 18.02.02.015 - UNINSURED AND UIM COVERAGE

Current through August 31, 2023
01.
Standard
			 Statement Form
. The form on the Department's website is the standard
			 statement per Section
			 41-2502(3), Idaho
			 Code. Carriers are to provide the form with all new policies and renewals.
			 Carriers may make non-substantive changes to this form, for example, inserting
			 company letterhead. Carriers need to file their standard statement form with
			 the Director prior to use (4-6-23)
02.
Offset Coverage
. The
			 carrier's Declarations Page for "offset" UIM coverage is to indicate that the
			 coverage decreases by any payments from another party's coverage.
			 (4-6-23)
03.
Illusory
			 Coverage
. To avoid illusory coverage, insurers may offer "offset" UIM
			 coverage at the state financial responsibility limits defined in Section
			 49-117(20), Idaho
			 Code, only if coverage is provided at no ($0.00) premium. (4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.03 - CERTIFICATE OF LIABILITY INSURANCE FOR MOTOR VEHICLES › Section 18.02.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
Title 49, Sections
				49-1229,
				49-1231, and
				49-1608A, Idaho Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.03 - CERTIFICATE OF LIABILITY INSURANCE FOR MOTOR VEHICLES › Section 18.02.03.001 - SCOPE

Current through August 31, 2023
To identify the form of a certificate of liability insurance
				for motor vehicles per Sections
				49-1229,
				49-1231 and
				49-1608A, Idaho Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.02.03 - CERTIFICATE OF LIABILITY INSURANCE FOR MOTOR VEHICLES › Section 18.02.03.011 - CONTRACT OF INSURANCE - CERTIFICATE OF LIABILITY INSURANCE

Current through August 31, 2023
A certificate of liability insurance can be the original
				liability insurance contract, or a copy thereof, or a written binder, showing
				active motor vehicle liability insurance in at least the applicable amounts
				prescribed by Sections
				49-117(20),
				49-1212,
				49-1229, and
				49-1608A, Idaho Code, and also any
				other coverage prescribed by Title 41, Idaho Code. (4-6-23)