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2016-2017 DOI Rulemaking Activity

The following describes rulemaking activity for submission before the Legislative Session 2017.

Rules Pertaining to Producers Handling of Fiduciary Funds - Docket Number 18.01.10

The existing rule is proposed to be amended concerning bail to provide deposit rules for cash collateral similar to that of other funds that insurance producers receive from clients, namely, to treat cash collateral as fiduciary funds.

Date Rulemaking Status Text
November 2, 2016 Notice of Rulemaking - Adoption of Pending Rule Text of Pending Rule
September 7, 2016 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 6, 2016 Notice of Intent to Promulgate Rules - Negotiated Rulemaking Text of Draft Rule

Restrictions on Discretionary Clauses in Health Insurance Contracts - Docket Number 18.01.29

The Department of Insurance has withdrawn rulemaking Docket No. 18-0129-1601.

Rule to Implement the Privacy of Consumer Financial Information - Docket Number 18.01.48

This temporary and proposed rule will confer a benefit upon insurers and producers (licensees of the DOI) by providing language relieving them from having to send their customers an annual privacy notice where they comply with other requirements concerning any disclosure of personally identifiable financial information and only in situations where the licensee's practices and policies regarding disclosure have not changed since the last notice sent to their customer. The temporary and proposed rule will also confer a benefit upon consumers relieving them from receiving duplicative annual notices, such that only new or changed notices will be received.

Date Rulemaking Status Text
December 7, 2016 Notice of Rulemaking - Adoption of Pending Rule Text of Pending Rule
October 5, 2016 Notice of Rulemaking - Temporary and Proposed Rule Text of Temporary and Proposed Rule

Adoption of the International Fire Code - Docket Number 18.01.50

The existing rule is proposed to be amended to adopt the 2015 International Fire Code to match the anticipated adoption of the 2015 International Building Code by the Division of Building Safety.

Date Rulemaking Status Text
November 2, 2016 Notice of Rulemaking - Adoption of Pending Rule Text of Pending Rule
September 7, 2016 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 6, 2016 Notice of Intent to Promulgate Rules - Negotiated Rulemaking Text of Draft Rule

Rule to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act - Docket Number 18.01.54

  • The existing rule is proposed to be amended to require all Medicare Supplement (aka Medigap) carriers to offer coverage to pre-65 Medicare eligible individuals; clarify the requirement to account for interest in projections; require experience and rate increases to be pooled among all plans offered by a company; and clarify rating/underwriting factors that can be used and when (e.g. smoking and pre-65).
  • Twenty-five states now require insurance companies to sell Medigap to all ages enrolled in Part B. Under age 65 Medicare beneficiaries have limited options for payment of Medicare deductible and co-payments. We seek to expand Medicare beneficiaries’ options.
  • The NAIC Medicare Supplement Guidance Manual states: “Interest must be considered in calculating the anticipated lifetime and future loss ratios, otherwise loss ratios will be overstated.” Yet, carriers have not included interest because our rule does not state it is required.
  • In reviewing rate increases, the department has requested that rate increases be applied equally to all of a carrier’s plans, rather than varying the increases based on the more variable experience of specific plans. This keeps the premiums more representative of the benefit differences, rather than reflecting the morbidity of the enrollees of specific plans. The proposed changes will require that approach for future rate increases.
  • Current rule disallows gender and geographic area as rating factors, but other factors are not clearly allowed/disallowed during open enrollment or outside of open enrollment, other than disallowing broad terms of “health status, claims experience, receipt of health care, or medical condition.”
Date Rulemaking Status Text
November 2, 2016 Notice of Rulemaking - Adoption of Pending Rule Text of Pending Rule
September 7, 2016 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 6, 2016 Notice of Intent to Promulgate Rules - Negotiated Rulemaking Text of Draft Rule

Rebates and Illegal Inducements to Obtaining Title Insurance Business Rules - Docket Number 18.01.56

This existing rule concerns rebates and illegal inducements in title insurance and provides limits on what items of value may be provided to producers of title business. Changes in technology have increased efficiencies of operations for title agents such that items of value can be produced much more quickly, easily, and therefore inexpensively. Additionally, some of the limitations in the rule have not been changed in many years. The negotiated rulemaking anticipates the following changes:
  • Subsection 010.05 (Social Media) – define social media.
  • Subsection 012.02 (Listing Packages) – permit photos to be included in allowed materials if no additional charge is required; paper delivery would have commensurate charge.
  • Subsection 012.03 (Additional Information That May Be Provided) – permit last deed of record.
  • Subsection 013.01 (Advertisement) – eliminate the quarterly publication requirement; amend to permit advertising in annual trade association publications.
  • Subsection 014.01 (Self-Promotional Items) – increase amount spent on self-promotion items from $10 to $25/item and from $50 to $200/year in cumulative value.
  • Subsection 014.02 (Social Media) – implement new section that clarifies the use of social media.
  • Subsection 014.03 (Educational Programs) – increase the expenditure from $10 to $20 per person. Also change “solely regarding title and escrow.” The intent is to expand the programs which may be offered while maintaining the integrity of the topics as being “related” to title and escrow.
  • Section 017 (Escrow Closing Charges and Premium Rates) – remove the reference to Section 41-2706, Idaho Code, which is improper following a legislative change in 2011.
The complete text of the proposed rule was published in the October 5, 2016 Idaho Administrative Bulletin. The following changes are how the pending rule differs from the proposed rule:
  • Subsection 010.05 defining social media is being removed.
  • Subsection 014.02 clarifying the use of social media is being removed.
The agency is making these changes because there was not consensus. The existing rule provides some guidance on advertising. It is understood that if future issues arise related to any co-branding or co-advertising between title entities and producers of title business or trade associations, the agency may elect to conduct future rulemaking.

Date Rulemaking Status Text
December 7, 2016 Notice of Rulemaking - Adoption of Pending Rule Text of Pending Rule
October 5, 2016 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
August 3, 2016 Notice of Intent to Promulgate Rules - Negotiated Rulemaking Text of Draft Rule



2015-2016 DOI Rulemaking Activity

2014-2015 DOI Rulemaking Activity

2013-2014 DOI Rulemaking Activity

2012-2013 DOI Rulemaking Activity