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2022 Insurance Legislation Summary

No current activity.

2021 Insurance Legislation Summary

(All legislation takes effect July 1, 2021 unless otherwise noted.)

Department of Insurance Legislation:
  • Repealing Chapter 35, Title 41, and Idaho Code § 41-1027; amending Idaho Code §§ 41-1108, 41-1233, 41-1612, 41-2506, 41-3423, 67-5773House Bill 78. This legislation repeals several outdated or otherwise unnecessary provisions of Title 41.
    Presenter: Director Cameron
    Reported Signed by Governor Little on March 12, 2021
  • Amending Chapter 19, Title 41, Idaho Code, by the addition of a new sections; and amending Idaho Code §§ 41-1941 and 41-1942House Bill 79. Repeals, adds to, and amends existing law to enact the Annuity Consumer Protections Act, putting into statute annuity suitability and disclosure standards.
    Presenter: Director Cameron
    Reported Signed by Governor Little on March 12, 2021
  • Amending Idaho Code § 41-515, and adding Idaho Code § 41-515AHouse Bill 80. This legislation provides more flexibility and options for insurance companies looking to purchase reinsurance on insurance policies for Idaho policyholders and this reinsurance coverage frequently comes from the international market. These amendments allow insurance companies to continue to receive credit for reinsurance on its financial statements from a larger potential market of reinsurance companies. These model law amendments are also required for accreditation of the Idaho Department of Insurance by the NAIC. Accreditation is important to the maintain for consistent, streamlined, and fair regulation of insurance companies.
    Presenter: Director Cameron
    Reported Signed by Governor Little on March 17, 2021
Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • Amending Idaho Code § 41-2835 – House Bill 81. This legislation increased the maximum number of directors allowed to sit on certain insurance companies’ boards to 25.
    Reported signed by Governor Little on April 8, 2021
  • Amending Idaho Code § 41-1849 and 41-3444Senate Bill 1124. This legislation revised provisions regarding contracts with providers of dental services.
    Signed by Governor Little on April 13, 2021
  • Amending Idaho Code § 41-4404Senate Bill 1143. This legislation allows individual Medicare Supplement plan policyholders to change to a different insurer once a year without going through an underwriting process. It also allows for community rating rather than issue age rating.
    Reported signed by Governor Little on April 19, 2021

2020 Insurance Legislation Summary

(All legislation takes effect July 1, 2020 unless otherwise noted.)

Department of Insurance Legislation:
  • Regarding the Idaho Hospital Liability Trust Act – Title 41, Idaho Code, Chapter 37: repealing the Act – House Bill 362. Consistent with the Red Tape Reduction Act, this legislation repealed the Hospital Liability Trust Act. No hospital liability trusts were currently registered in the state of Idaho nor had any been registered for several years.
    Presenter: Director Cameron
Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • Amending Idaho Code § 41-349 – House Bill 386. This legislation adds to existing law to provide certain registration and reporting requirements, to prohibit certain actions, to provide certain requirements for maximum allowable cost pricing, and to prohibit the retroactive denial or reduction of a claim in certain instances.
    This bill was signed into law by Governor Brad Little on March 12, 2020.
  • Amending Idaho Code §§ 41-194141-1942, and 41-1943 – House Bill 526. This legislation only applied to the section regarding indexed annuities. It asks the agent to maintain disclosure records for a time certain and asks insurance companies to surrender charges over a 10-year period. The director would be charged to create the disclosure form.
    This bill was signed into law by Governor Brad Little on March 24, 2020.

2019 Insurance Legislation Summary

(All legislation takes effect July 1, 2019 unless otherwise noted.)

Department of Insurance Legislation:
  • Regarding Fees and Taxes – Title 41, Idaho Code, Chapter 4: amending section 41-402, Premium Tax – House Bill 027. Many insurer premium tax returns are corrected or audited related to cents. This proposal to amend I.C. § 41-402 to allow the payment and reporting of premium tax returns to be rounded to the nearest whole dollar would conform with Idaho Tax Commission and other reporting methods.
  • Regarding Acquisitions of Control and Insurance Holding Company Systems – Title 41, Idaho Code, amending Chapter 38 – House Bill 071. This legislation updates Idaho’s insurance holding company law to the latest version of the NAIC model law 414 to authorize the Director of the Idaho Department of Insurance to serve in the capacity as a group-wide supervisor for an internationally active insurance group. Our law (I.C. § 41-3815) already allows for the Director to participate in a supervisory college – just not to lead it as a group-wide supervisor. This is an NAIC accreditation standard for January 2020. While it would conform Idaho’s law to the latest NAIC model, there currently are no Idaho domestic insurers within the scope of an internationally active insurance group.
Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • Amending Idaho Code §§ 41-1849 and 41-3444 – Senate Bill 1069. To revise provisions regarding contracts with providers of dental services. This legislation clarifies current language that a dental plan contracting with a dentist cannot set the rate for a procedure that is not covered by that contract. This bill further defines that covered services are services that a dental plan contracting with a dentist is liable for paying either in part or in whole. The bill provides for discussion and notice between a dentist and patient when the patient’s services become non-covered services due to the patient exceeding their capped benefit by 100 percent. The bill will apply to any dental plan or contract which is issued after December 31, 2019.

2018 Insurance Legislation Summary

(All legislation takes effect July 1, 2018 unless otherwise noted.)

Department of Insurance Legislation:
  • The Department of Insurance brought forth no legislation during the 2018 Legislative Session.
Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • Amending Idaho Code §§ 41-6003 and 41-6006 – House Bill 393. This legislation addressed three basic changes to the Idaho Immunization Assessment Board: (1) adding one additional member from the business community who represents a self-funded insurance plan to the existing Idaho Immunization Assessment Board; (2) resetting the sunset date for the Board from July 1, 2019, to July 1, 2024; and (3) removing the imposition of interest requirement for late or nonpayment of assessments.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 1, 2018.
  • Amending Idaho Code § 41-3812 – House Bill 454 – This legislation revises provisions regarding dividends and other distributions, allowing domestic insurers to declare a non-extraordinary dividend if the dividend does not exceed the greater of 10% of surplus or the operating income for the preceding year, while providing appropriate levels of Department of Insurance oversight.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 14, 2018.
  • Amending Idaho Code §§ 41-1315A and 41-2708 House Bill 519. To allow title insurance companies to reimburse bona fide employees for both title insurance premiums and escrow fees otherwise payable by the employee to the insurance agent or company in connection with the employee’s non-business residential real estate transactions.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 20, 2018.
  • Repealing Title 49,Chapter 28, Idaho Code, adding Title 41, Chapter 62, Idaho Code, and amending Idaho Code § 41-114A – House Bill 521. This legislation updates the Idaho Motor Vehicle Service Contract Act, which was enacted into law in 1993. This legislation moves the authority to enforce the Act from the Attorney General to the Department of Insurance. In addition, this legislation clarifies the definition of some service contract types for inclusion. Also, this legislation maintains similar penalties for violations and does not preclude a cause of action under the Idaho Consumer Protection Act.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 19, 2018.
  • Amending Idaho Code § 41-1850 – House Bill 522. This legislation revised provisions regarding the content of certificates of insurance and made technical corrections.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 20, 2018.
  • Amending sections in Title 41, Chapter 43 Idaho Code – House Bill 548. This legislation provides that: benefits provided by a long-term care rider shall be considered the same type of benefits as the base life insurance policy or annuity contract to which it relates; the Idaho Life and Health Guaranty Association may terminate certain health benefit plans upon entry of an order of liquidation with approval of the director; certain Class B assessments for long-term care insurance shall be allocated by a methodology on a 50-50 split for health member insurers and life and annuity member insurers.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 20, 2018.
  • Amending sections in Title 41, Chapter 41, Idaho Code – Senate Bill 1219. This legislation allows the Director of the Department of Insurance to waive the requirement for a joint public agency self-funded health benefits plan to purchase aggregate stop loss insurance when certain conditions are met.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 13, 2018.
  • Amending Idaho Code § 41-306, and adding §§ 41-306A and 41-516 – Senate Bill 1288. This legislation adds to and amends existing law to provide for interstate health insurance sales and to authorize out-of-state insurers to sell health insurance in Idaho under certain conditions and to authorize the department of insurance to enter into compacts with other states.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 20, 2018.
  • Adding a new section Idaho Code § 41-1852 – Senate Bill 1302. This legislation adds to existing law a section to prohibit discrimination against and based on a person’s status as a living organ donor.
    This bill was signed into law by Governor C. L. “Butch” Otter on March 20, 2018.

2017 Insurance Legislation Summary

(All legislation takes effect July 1, 2017 unless otherwise noted.)

Department of Insurance Legislation:
  • Regarding Risk Management and Own Risk Solvency Assessment Act (ORSA) – Title 41, Idaho Code, adding Chapter 63 – House Bill 100. This legislation is based on the National Association of Insurance Commissioners (NAIC) Risk Management and Own Risk Solvency Assessment Model Act (#505), which followed the 2008 recession. The goal is to have insurance companies or insurance holding company groups identify enterprise-wide risks that are relevant and material and report those risks once a year to the Department of Insurance on a confidential basis. This ORSA model act will provide guidance and instructions to domiciled insurers for filing a confidential ORSA summary report with the director. It is helpful to both insurance companies and their regulator to have companies perform a regular assessment of their own risks and file that summary report with the department. This model law is required for accreditation of the Idaho Department of Insurance by the NAIC to maintain consistent, streamlined, and fair regulation of insurers.
    Presenter: Director Cameron
  • Regarding Credit for Reinsurance – Title 41, Idaho Code, Chapter 5: amending section 41-514 and adding section 41-515 – House Bill 101. This legislation is based on the National Association of Insurance Commissioners (NAIC) Credit for Reinsurance Model Law (#785). Idaho already has some provisions from this model law in existing code setting forth conditions when ceding insurers may take credit for reinsurance. The revisions will reduce collateral requirements for non-U.S. licensed reinsurers that are licensed and domiciled in qualified jurisdictions. This in turn will make reinsurance more affordable for U.S. insurers while still maintaining necessary protections. This model law is required for accreditation of the Idaho Department of Insurance by the NAIC.
    Presenter: Director Cameron
  • Regarding NAIC Corporate Governance Model Act – Title 41, Idaho Code, adding Chapter 64 – House Bill 102. This legislation is based on the National Association of Insurance Commissioners (NAIC) Corporate Governance Annual Disclosure Model Act (#305). In part following the 2008 recession, the NAIC worked towards the goal of having insurance companies or insurance holding company groups identify their corporate governance practices. This corporate governance model act will provide guidance and instructions to domiciled insurers for filing a confidential corporate governance annual disclosure with the Department of Insurance. This legislation will outline requirements for completing a confidential corporate governance annual disclosure and permits the department to maintain an understanding of domiciled insurer’s corporate governance framework. This model law is expected to be required for accreditation of the Idaho Department of Insurance by the NAIC.
    Presenter: Director Cameron
Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • Amending Idaho Code § 41-1016 – House Bill 136.This legislation seeks to assure that inmates in a county jail are not put in a position to be pressured by other inmates to do business with certain bail agents to the exclusion of other bail agents.
  • Amending Idaho Code § 41- 1830 – House Bill 244. This legislation adds to existing law, Title 41, Chapter 18, requiring that an individual life insurance policy include the option for the policy holder to designate an individual, in addition to themselves, to receive notification by mail 14 days prior to termination.
  • Amending various sections in Title 41, Idaho Code – Senate Bill 1040. This legislation is referred to as the Codifier Corrections bill and updates references to other code sections, e.g. corporate code, open meetings law, etc. Changes impacting Title 41 are at pages 30-38 of S1040.
  • Amending Idaho Code § 41-1088 – Senate Bill 1049. This legislation amends the Idaho portable electronic insurance statute, which was enacted in 2012. All states now have identical or similar statutes in place. This legislation provides that notice of consent by the consumer shall be made, either by mail or electronic means, within 30 days of the transaction rather than simultaneously. Accordingly, the result of enacting this legislation allows easier access to electronic communication between a consumer and a portable electronics insurer.
  • Amending Idaho Code § 41-3812(1)(b) – Senate Bill 1075. This legislation clarifies the term “realized capital gains” as used in the calculation when determining whether a dividend or distribution is extraordinary or non-extraordinary.
  • Amending Idaho Code § 41-1010 and adding §§ 41-1090 to 41-1097 Senate Bill 1079. This legislation authorizes the Department of Insurance to issue limited travel insurance producer licenses to qualified applicants who will provide travel insurance through travel retailers. The legislation requires the licensed limited lines travel insurance producer and the travel retailer to meet administrative and disclosure requirements, such as including the producer’s identification information and making certain disclosures to the consumer in the marketing materials and fulfillment packages, and requiring the producer to establish and maintain a transaction record.
  • Amending Title 41, Chapter 60 Idaho Code – Senate Bill 1081. This legislation extends the sunset date for the Immunization Assessment Board for two years to July 1, 2019.
  • Amending Idaho Code § 41-4010 – Senate Bill 1117. The purpose of this legislation is to make it easier to create self-funded health insurance plans. This legislation adds to the current law giving authority to the director of insurance to extend by up to 12 months the time period a self-funded plan has to meet the minimum surplus requirements. All other requirements must be met.
  • Amending primarily provisions in Title 41, Chapter 55 Idaho Code Senate Bill 1150. This legislation amends existing law to allow for individuals with high risk medical conditions and their dependents who are enrolled in individual health benefit plans to be reinsured through the Idaho Individual High Risk Reinsurance Pool. Current pool enrollment consists only of individuals and dependents who were unable to obtain health insurance due to a health condition and who had enrolled in one of five standardized plans. These standardized plans are no longer feasible, so the bill proposes a different method to continue to utilize the pool as a reinsurance mechanism (while grandfathering coverage for current pool enrollees) that will help stabilize the individual health insurance market in Idaho, encouraging insurers to continue to offer individual health benefit plans to Idaho consumers.

2016 Insurance Legislation Summary

(All legislation takes effect July 1, 2016 unless otherwise noted.)

Department of Insurance Legislation:
  • Regarding Producer Licensing amending Idaho Code § 41-1016§ 41-1026, and § 41-1108 – Senate Bill 1221. To (1) provide for summary suspension or revocation of a nonresident Idaho license when the licensee’s home state license has been terminated, (2) to provide that a licensee whose license has been revoked shall not be permitted to obtain a new license until after the expiration of a period of time no less than between one and five years as may be specified in the revocation order, and (3) to provide that a license shall not be issued within a minimum period of one year to a person whose application for a license was previously denied.
    Presenter: Director Cameron
Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • Principle Based Reserves (PBR) – amending Idaho Code § 41-612§ 41-1927, and § 74-107 – House Bill 432. To define terms and to revise methodology how life insurance policies are valued which impacts the amounts of reserves life insurance companies maintain and to provide that certain information submitted to insurance companies shall be exempt for disclosure.
    Presenter: Julie Hart, American Council of Life Insurers
  • Insurance Company Home Office Requirement – amending Idaho Code § 41-342, and § 41-2839 – House Bill 440. To provide an exception to the requirement that every domestic insurer must have and maintain its principal place of business and home office in this state for certain domestic stock insurers that redomesticate to Idaho.
    Presenter: John Mackey, United Heritage Insurance
  • Worker’s Compensation Insurer Security Deposits – amending Idaho Code § 72-301 – House Bill 501. To allow certain types of bonds to be used as security deposits by worker’s compensation insurers for the Idaho Industrial Commission.
    Presenter: Woody Richards, Idaho Loggers Exchange
  • Worker’s Compensation Firefighter Presumptive Illness – amending Idaho Code § 72-102 and § 72-438 – House Bill 554. To provide a presumption that certain diseases incurred by firefighters, such as specified cancers, would be presumed to be occupationally related unless medical evidence showed otherwise. Legislation sunsets after 5 years.
    Presenter: Representative Malek
  • Employer Driver Reimbursement Program – amending § 49-2802 – Senate Bill 1262. To clarify that a “driver reimbursement program” whereby an employer, or a third party contracted by the employer, that provides mileage or incidental repairs and maintenance to employees who use personal vehicles for business purposes shall not be considered to be a motor vehicle service contract or a contract of insurance.
    Presenter: Roy Eigurern, Eiguren Ellis
  • High Risk Pool Funding – amending § 41-406 – Senate Bill 1265. To appropriate one-quarter of the insurance premium tax exceeding forty-five million dollars to the Idaho Individual High Risk Reinsurance Pool and thereby reinstate the unintentional repeal of this provision – to be effective July 1, 2017.
    Presenter: Hyatt Erstad, Board Chairman, Idaho High Risk Reinsurance Pool
  • Online Verification of Auto Liability Coverage – amending Idaho Code § 49-1234 and adding new § 41-1338 – Senate Bill 1283. To revise provisions regarding the online insurance verification system, to provide that the Idaho Transportation Department shall promulgate rules to provide insurers an alternative method for verifying motor vehicle insurance policy data, to revise provisions regarding the methods of verification, and to provide that failure to comply with specified law regarding uninsured vehicle tracking shall constitute a wrongful practice and subject an insurer to certain penalties under the insurance code.
    Presenter: Robert Compan, Farmers Insurance Group

Legislation enacted in 2015 taking effect in 2016:

  • Unclaimed Life Insurance – amending Title 41, Idaho Code – Senate Bill 1023. This legislation adds to existing law, Chapter 30, to be known as the Idaho Unclaimed Life Insurance Benefits Act. This Act establishes requirements related to certain unclaimed life insurance benefits for life insurance companies to abide by. This Act takes effect July 1, 2016.
    Presenter: John Mackey, United Heritage Insurance

2015 Insurance Legislation Summary

(All legislation takes effect July 1, 2015 unless otherwise noted.)

Department of Insurance Legislation:

The Department of Insurance brought forth no legislation during the 2015 Legislative Session.

Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • Amending Idaho Code § 49-102§ 49-301§ 49-304§ 49-666, and adding new § 49-2448 – House Bill 17, as amended in the Senate. This legislation concerns autocycles, their definition, exemptions, and provisions of existing law now applicable to them.
  • Amending Idaho Code § 41-6103 – House Bill 46 This legislation amends existing law by adding the definition for “stand-alone dental plan.”
  • Amending Idaho Code § 41-4305 – House Bill 182 This legislation amends existing law to exclude consumer operated and oriented health plans (CO-OPs) established under the Affordable Care Act (ACA) from coverage by the Idaho Life and Health Guaranty Association. This legislation also adds language found in the NAIC Model Life and Health Insurance Guaranty Association Act that permits the guaranty association to exclude from membership entities that are similar to entities excluded by the law.
  • Amending Idaho Code § 41-2704§ 41-2705 and adding new § 41-2714 House Bill 277 This legislation amends existing law to establish additional provisions concerning the business of title insurance including that operating under the control and supervision of the director of the Department of Insurance, by addressing closing or settlement protection. In addition, a new section is added concerning closing or settlement protection, limitations, rates, bans, and exceptions.
  • Amending Idaho Code § 11-605(9)(10) – Senate Bill 1014 This legislation amends existing law to revise and clarify which proceeds of a certain life insurance contract are entitled to an exemption from attachment or levy.
  • Amending Title 41, Idaho Code – Senate Bill 1023 This legislation adds to existing law, Chapter 30, to be known as the Idaho Unclaimed Life Insurance Benefits Act. This Act establishes requirements related to certain unclaimed life insurance benefits for life insurance companies to abide by. This Act takes effect July 1, 2016.
  • Amending Title 39, Idaho Code – Senate Bill 1062 This legislation adds to existing law, Chapter 92, to be known as the Idaho Direct Primary Care Act. This Act directs public policy that Direct Primary Care Agreements do not constitute insurance but function as written contracts, and provides definitions, provisions, exemption, disclaimer and restrictions for such Agreements.
  • Amending Idaho Code § 41-2653(1) – Senate Bill 1078 This legislation repeals Idaho Code § 41-2653(1) as out-of-date. The Statement of Purpose provides that the mortgage guaranty insurers’ coverage limitation of 25% never achieved its intended purpose to spread risk and draw new capital to the industry.
  • Amending Idaho Code § 41-4002 and § 41-4010 – Senate Bill 1081 This legislation defines the term “public postsecondary educational institution,” revises a definition and sets forth reserve and surplus requirements of public postsecondary educational institutions with a public postsecondary educational institution plan.
  • Amending Idaho Code § 72-523 – Senate Bill 1168 This legislation amends existing law concerning premium tax owed on worker’s compensation insurance to permanently reduce the tax rate from 2.5% to 2.0%, effective January 1, 2016.
  • Amending Idaho Code § 41-60 – House Bill 107 Extends the sunset date of the Idaho Immunization Assessment Board and program set forth in Idaho Code Title 41, Chapter 60, for two years, that is until July 1, 2017.

2014 Insurance Legislation Summary

(All legislation takes effect July 1, 2014 unless otherwise noted)

Department of Insurance Legislation:
  • Amending Title 41, Chapter 54, Idaho Code – House Bill 358 This legislation amends Title 41, Chapter 54, Idaho Code, dealing with Risk Based Capital (RBC) to align Idaho law with NAIC Model RBC Laws. Specifically, it revises definitions to include fraternal benefit societies and hospital and professional service corporations licensed by the Director of the Department of Insurance as entities subject to the RBC report filing requirement. It broadens the scope of the existing early warning trigger for a life insurance company and newly added health organization to file an RBC plan with the Director when there is a negative trend. The legislation also clarifies the confidential nature and privacy protection of RBC reports and related information filed with the Director by insurance companies and other entities. (Effective January 1, 2015.)
Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • Amending Idaho Code § 41-6105 – House Bill 475. This bill requires that the Idaho Health Insurance Exchange (Your Health Idaho) allow anonymous shopping and not require identifying information until the customer is ready to submit an application for purchase. It also provides that the exchange application process contain a warning regarding potential repayment of premium reductions to the Internal Revenue Service if income information was underestimated.
  • Amending Idaho Code § 19-854 – House Bill 512. This legislation provides that participation in the Idaho Health Insurance Exchange (Your Health Idaho) does not result in a presumption of indigency in regard to the Public Defender System.

2013 Insurance Legislation Summary

(All legislation takes effect July 1, 2013 unless otherwise noted)

Department of Insurance Legislation:
  • House Bill 046 (Title 39, Chapter 19) – Repeal of antiquated fire protection-related laws.
  • House Bill 197 (Title 41, Chapter 38) – Insurance Holding Company Systems. Provides for more detailed monitoring for system risk issues that might exist in non-insurance affiliates of an insurance company and could ultimately jeopardize the solvency of the insurer. This law will also be required for accreditation of the Idaho Department of Insurance by the NAIC./li>
Enacted Insurance-Related Legislation:

(for other bills that were printed but not enacted, please refer to legislature.idaho.gov)

  • House Bill 011 (Section 41-2507) – Casualty Insurance. Allows automobile insurance companies operating in Idaho to non-renew policies of automobile insurance when an automobile insured under the policy is registered in a state other than Idaho.
  • House Bill 178 (Title 41, Chapter 60) – Extension of sunset clause for another 2 years for Immunization Program – Immunization Board.
  • House Bill 196 (Title 41, Chapters 36 and 43) – Amends existing law to revise provisions relating to the timing of permitted Idaho premium tax offsets by member insurers and to provide for an offset against premium tax liability to the Industrial Administration Fund for an insurer that is exempt from the premium tax.
  • House Bill 199 (Title 41, Chapter 40) – Self-Funded Health Plans, Postsecondary Schools, and Updates. Amends existing law to provide that certain qualified public or private postsecondary educational institutions may, as a plan sponsor, establish a self-funded student health benefit plan and trust for student and dependent beneficiaries; and revises provisions related to the registration of self-funded plans.
  • House Bill 217 (Section 49-1212) – Specifies that if a vehicle loaned for temporary use without charge is operated in a negligent manner, and such operation results in death or damages, the primary liability coverage for such event shall be the insurance coverage of the operator. The owner’s coverage shall be secondary.
  • House Bill 232 (Section 41-1851)– Allows electronic delivery of insurance-related documents to an insured when the insured has affirmatively consented to such delivery.
  • House Bill 248 (Title 41, Chapter 61) (Effective March 28, 2013) – State-based Insurance Exchange. Establishes a state-created, market-driven, health insurance exchange that will facilitate the selection and purchase of individual and small employer health benefit plans and is intended to enhance Idaho residents’ choice regarding options and access to affordable health insurance.
  • Senate Bill 1016 (Section 41-1039) – Producer Licensing. Removes language providing that a bail agent’s license filed with the clerk of the District Court is deemed proof that such bail agent is licensed.
  • Senate Bill 1100 (Section 41-121) – Health Care Sharing Ministries Freedom to Share. Adds to existing law to provide that a health care sharing ministry shall not be considered to be engaging in the business of insurance for the purposes of the State Insurance Code.
  • Senate Bill 1109 (Section 41-1836) – Annuity Contracts. Modifies the statute applicable to a person’s deferred annuity contract exemption from creditors of the cash surrender value.
  • Senate Bill 1165 (Section 41-1839)– Relates to insurers’ liability for attorney fees. Provides first-party insurers up to 60 days to make claim payment decisions on Uninsured Motorist and Underinsured Motorist claims.

Note: These brief summaries are not intended to fully explain, interpret or analyze the referenced legislation. These summaries are intended solely as a reference to legislation changes affecting the business of insurance that may be of interest to the public. Persons with an interest in any of the items noted above should review the complete bill.

2021-2022 Rulemaking

The following describes rulemaking activity for submission before the Legislative Session 2022.

INSURANCE RATES AND CREDIT RATING – RULE NO. 18.02.01 – DOCKET NO. 18-0201-2101

This rule implements Title 41-1843 Idaho Code: No insurer regulated pursuant to this title shall charge a higher premium than would otherwise be charged, or cancel, non-renew or decline to issue a property or casualty policy or coverage based primarily upon an individual’s credit rating or credit history.

Date Rulemaking Status Text
TBD Notice of Rulemaking – Adoption of Pending Rule   
September 1, 2021 Notice of Rulemaking – Proposed Rule – Public Meeting: September 20, 2021 @ 2:00 pm Text of Proposed Rule
June 2, 2021 Notice of Rulemaking – Zero-Based Regulation – Public Meeting: June 17, 2021 @ 2:00 pm Text of Draft Rule
SUITABILITY IN ANNUITY TRANSACTIONS – RULE NO. 18.03.01 – DOCKET NO. 18-ZBRR-2101

Provisions of this rule were codified through H0079. This rule will be allowed to expire.

CREDIT LIFE AND CREDIT DISABILITY INSURANCE – RULE NO. 18.03.05 – DOCKET NO. 18-0305-2101

The purpose of this rule is to protect the interest of debtors and Idaho residents by providing a system of rate, policy form, and operating standards for the transaction of credit life and credit disability insurance. Title 41 Chapter 23, Idaho Code.

Date Rulemaking Status Text
November 3, 2021 Notice of Rulemaking – Adoption of Pending Rule See Proposed Rule
September 1, 2021 Notice of Rulemaking – Proposed Rule – Public Meeting: September 20, 2021 @ 2:00 pm Text of Proposed Rule
June 2, 2021 Notice of Rulemaking – Zero-Based Regulation – Public Meeting: June 17, 2021 @ 2:00 pm Text of Draft Rule
HEALTH CARRIER EXTERNAL REVIEW – RULE NO. 18.04.01 – DOCKET NO. 18-0401-2101

Health Carrier External Review: this rule sets forth uniform requirements to be followed by health carriers and independent review organizations in implementing external review procedures in accordance with Title 41, Chapter 59, Idaho Code.

Date Rulemaking Status Text
TBD Notice of Rulemaking – Adoption of Pending Rule   
September 1, 2021 Notice of Rulemaking – Proposed Rule – Public Meeting: September 20, 2021 @ 2:00 pm Text of Proposed Rule
June 2, 2021 Notice of Rulemaking – Zero-Based Regulation – Public Meeting: June 17, 2021 @ 2:00 pm Text of Draft Rule
RULE TO IMPLEMENT UNIFORM COVERAGE FOR NEWBORN AND NEWLY ADOPTED CHILDREN – RULE NO. 18.04.02 – DOCKET NO. 18-0402-2101

This rule sets forth uniform requirements for providing coverage to newborn and newly adopted children in accordance with Sections 41-214041-221041-343741-392341-4023, and 41-4123, Idaho Code. This rulemaking clarifies language and incorporates the provisions of Rule No. 18.04.09 – Complications of Pregnancy.

Date Rulemaking Status Text
November 3, 2021 Notice of Rulemaking – Adoption of Pending Rule See Proposed Rule
September 1, 2021 Notice of Rulemaking – Proposed Rule – Public Meeting: September 20, 2021 @ 2:00 pm Text of Proposed Rule
June 2, 2021 Notice of Rulemaking – Zero-Based Regulation – Public Meeting: June 17, 2021 @ 2:00 pm Text of Draft Rule
RESTRICTIONS ON DISCRETIONARY CLAUSES IN HEALTH INSURANCE CONTRACTS – RULE NO. 18.04.07 – DOCKET NO. 18-0407-2101

This rule sets forth uniform requirements regarding the use of discretionary clauses to be followed by health carriers transacting insurance in Idaho. This chapter does not apply to a health insurance contract for group coverage offered by or through an employer to its employees. Title 41 Chapters 13 and 18 regulate trade practices and the insurance contract, respectively.

Date Rulemaking Status Text
November 3, 2021 Notice of Rulemaking – Adoption of Pending Rule See Proposed Rule
September 1, 2021 Notice of Rulemaking – Proposed Rule – Public Meeting: September 20, 2021 @ 2:00 pm Text of Proposed Rule
June 2, 2021 Notice of Rulemaking – Zero-Based Regulation – Public Meeting: June 17, 2021 @ 2:00 pm Text of Draft Rule
COMPLICATIONS OF PREGNANCY – RULE NO. 18.04.09 – DOCKET NO. 18-ZBRR-2101

Provisions of this will be incorporated into IDAPA 18.04.02 Rule to Implement Uniform Coverage for Newborn and Newly Adopted Children. This rule will be allowed to expire.

MEDICARE SUPPLEMENT INSURANCE STANDARDS – RULE NO. 18.04.10 – DOCKET NO. 18-0410-2101

The purpose of this rule implements the NAIC Medicare Supplement Insurance Minimum Standards Model Act and incorporates changes enacted via passage of S1143.

Date Rulemaking Status Text
TBD Notice of Rulemaking – Adoption of Pending Rule  
November 3, 2021 Notice of Amendment to Temporary Rule  Text of Temporary Rule
September 1, 2021 Notice of Rulemaking – Proposed Rule – Public Meeting: September 20, 2021 @ 2:00 pm Text of Proposed Rule
June 2, 2021 Notice of Rulemaking – Zero-Based Regulation – Public Meeting: June 17, 2021 @ 2:00 pm Text of Draft Rule
CONTINUING EDUCATION – RULE NO. 18.06.04 – DOCKET NO. 18-0604-2101

Continuing Education: this rule prescribes minimum education in approved subjects that a licensee must periodically completed, procedures and standards for the approval of such education, and a procedure for establishing that continuing education requirements have been met. Producers, Adjusters and public adjusters are regulated by Title 41 Chapters 101311085813, respectively.

Date Rulemaking Status Text
November 3, 2021 Notice of Rulemaking – Adoption of Pending Rule See Proposed Rule
September 1, 2021 Notice of Rulemaking – Proposed Rule – Public Meeting: September 20, 2021 @ 2:00 pm Text of Proposed Rule
June 2, 2021 Notice of Rulemaking – Zero-Based Regulation – Public Meeting: June 17, 2021 @ 2:00 pm Text of Draft Rule
CREDIT FOR REINSURANCE RULES – RULE NO. 18.07.07 – DOCKET NO. 18-ZBRR-2101

Provisions of this rule were codified through H0080. This rule will be allowed to expire.

OMNIBUS RULEMAKING FOR IDAPA 18

Temporary rules effective July 1, 2021, were adopted and published in the July 21, 2021, Special Edition of the Idaho Administrative Bulletin.

Omnibus proposed rules were published in the October 20, 2021, Special Edition of the Idaho Administrative Bulletin.

Omnibus adoption of pending rules will be published in a future Idaho Administrative Bulletin.


2020-2021 Rulemaking

The following describes rulemaking activity for submission before the Legislative Session 2021.

ADOPTION OF THE INTERNATIONAL FIRE CODE – 18.08.01

The State Fire Marshal adopts the International Fire Code (IFC). Under the 2018 fire code (IFC) that will go into effect on January 1, 2021, are two subsections that the Department wishes to exempt from enforcement, at least at the state level. This rulemaking seeks to allow local jurisdictions to determine the use of permits for food truck operation in their jurisdiction; and, to eliminate the requirement of a US DOT inspection on the fuel piping in food trucks.

Date Rulemaking Status Text
September 2, 2020 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
June 3, 2020 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: June 17, 2020 @ 3:30 pm Text of Draft Rule
OMNIBUS RULEMAKING FOR IDAPA 18, FEE RULES FOR THE IDAHO DEPARTMENT OF INSURANCE

Temporary fee rules effective March 20, 2020, were adopted and published in the April 15, 2020, Special Edition of the Idaho Administrative Bulletin.

 

2019-2020 Rulemaking

The following describes rulemaking activity for submission before the Legislative Session 2020.

RULES GOVERNING SHORT-TERM HEALTH INSURANCE COVERAGE- DOCKET NUMBER 18-0416-1901 (NEW CHAPTER)

House Bill 275 passed the legislature and was signed into law by the Governor amending sections 41-5203, 41- 5207, Chapter 52, Title 41. It added a new section of Idaho Code to define and provide for the purchase of enhanced short-term health insurance plans. Enhanced short-term plans will have an initial period of less than twelve (12) months. This rule will offer choices to consumers for individual health insurance and define the consumer protections required to offer such plans.

Date Rulemaking Status Text
January 1, 2020 Notice of Rulemaking – Adoption of Pending Rule Text of Pending Rule
October 2, 2019 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 3, 2019 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 24, 2019@ 3:00 pm UPDATE TO VENUE: Idaho Statehouse, Garden Level WW-54, 700 W Jefferson St, Boise, ID 83702 Text of Draft Rule
July 1, 2019 Temporary Rule effective July 1, 2019 Text of Temporary Rule
INDIVIDUAL DISABILITY AND GROUP SUPPLEMENTAL DISABILITY INSURANCE MINIMUM STANDARDS RULE – 18.04.08

This rule provides standards for various individual disability and group supplemental disability policies. This rulemaking seeks to fix confusing pre-existing condition language, remove limited benefit coverage type, make other clarifications and restructure sections in order to clarify which benefits apply to which type of coverage.

Date Rulemaking Status Text
January 1, 2020 Notice of Rulemaking – Adoption of Pending Rule Text of Pending Rule
October 2, 2019 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
August 7, 2019 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: August 14, 2019 @ 10:00 am Text of Draft Rule
RULES FOR THE SURPLUS LINES REGULATION – 18.06.06

This rule combines parts of three former rules regarding surplus lines into one rule following the Governor’s Executive Order 19-02, the Red Tape Reduction Act. This rule provides updated procedures for the placement of surplus lines insurance in the state of Idaho.

Date Rulemaking Status Text
January 1, 2020 Notice of Rulemaking – Adoption of Pending Rule Text of Pending Rule
October 2, 2019 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
August 7, 2019 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: August 20, 2019 @ 2:00 pm Text of Draft Rule

OMNIBUS RULEMAKING FOR IDAPA 18, RULES FOR THE IDAHO DEPARTMENT OF INSURANCE

Rulemaking initiated to adopt and re-publish existing and previously approved and codified chapters under IDAPA 18, rules of the Idaho Department of Insurance. Temporary rules effective June 30, 2019, were adopted as pending and published in the November 20, 2019, Special Edition of the Idaho Administrative Bulletin. These are the DOI rules:


All Lines
18.01.01   Rule to Implement the Privacy of Consumer Financial Information
18.01.02   Schedule of Fees, Licenses, and Miscellaneous Charges
Property, Casualty, Auto Ins
18.02.01   Insurance Rates and Credit Rating
18.02.02   Automobile Insurance Policies
18.02.03   Certificate of Liability Insurance for Motor Vehicles
Life & Annuity
18.03.01   Suitability in Annuity Transactions
18.03.02   Life Settlements
18.03.03   Variable Contracts
18.03.04   Replacement of Life Insurance and Annuities
18.03.05   Credit Life and Credit Disability Insurance
Health & Disability Insurance
18.04.01   Health Carrier External Review
18.04.02   Rule to Implement Uniform Coverage for Newborn and Newly Adopted Children
18.04.03   Advertisement of Disability (Accident and Sickness) Insurance
18.04.04   The Managed Care Reform Act Rule
18.04.05   Self-Funded Health Care Plans Rule
18.04.06   Governmental Self-Funded Employee Health Care Plans Rule
18.04.07   Restrictions on Discretionary Clauses
18.04.08   Individual Disability and Group Supplemental Disability Insurance Minimum Standards Rule
18.04.09   Complications of Pregnancy
18.04.10   The Medicare Supplement Insurance Minimum Standards Model Act
18.04.11   Long-Term Care Insurance Minimum Standards
18.04.12   The Small Employer Health Insurance and Availability Act (incorporates provisions of 18.04.13, Rules Governing Small Employer Health Insurance Availability Act Plan Design)
18.04.13   The Individual Health Insurance Availability Act (formerly known as IDAPA 18.04.14)
18.04.14   Coordination of Benefits (formerly known as IDAPA 18.04.15)
18.04.15   Rules Governing Short-Term Health Insurance Coverage (formerly known as IDAPA 18.04.16)
Title Insurance
18.05.01   Rules for Title Insurance Regulation (incorporates provisions of 18.05.02 and 18.05.03)
Agents & Licensing
18.06.01   Rules Pertaining to Bail Agents
18.06.02   Producers Handling of Fiduciary Funds
18.06.03   Rules Governing Disclosure Requirements For Insurance Producers When Charging Fees
18.06.04   Continuing Education
18.06.05   Managing General Agents
18.06.06   Rules for the Surplus Line Brokers
Company Solvency
18.07.01   Rules Pertaining to Acquisitions of Control, Insurance Holding Company Systems and Mutual Insurance Holding Companies (incorporates provisions of former 18.07.11, Mutual Insurance Holding Company Rules)
18.07.02   Reserve Liabilities and Minimum Valuations for Annuities and Pure Endowment Contracts
18.07.03   Valuation of Life Insurance Policies Including the Use of Select Mortality Factors
18.07.04   Annual Financial Reporting (incorporates provisions of former 18.07.07, Min. Reserve Standards for Individual and Group Health Insurance Contracts)
18.07.05   Director’s Authority for Companies Deemed to be in Hazardous Financial Condition
18.07.06   Rules Governing Life and Health Reinsurance Agreements
18.07.07   Credit for Reinsurance Rules (formerly known as IDAPA 18.07.08)
18.07.08   Property and Casualty Actuarial Opinion Rule (formerly known as IDAPA 18.07.09)
18.07.09   Life and Health Actuarial Opinion and Memorandum Rule (formerly known as IDAPA 18.07.10)
18.07.10   Corporate Governance Annual Disclosure (formerly known as IDAPA 18.07.12)
State Fire Marshal
18.08.01   Adoption of the International Fire Code
18.08.02   Fire Protection Sprinkler Contractors

2018-2019 Rulemaking

The following describes rulemaking activity for submission before the Legislative Session 2019.
RULE TO IMPLEMENT UNIFORM COVERAGE FOR NEWBORN AND NEWLY ADOPTED CHILDREN – DOCKET NUMBER 18-0106-1801
The current rule applies to self-funded health plans subject to registration with the Department as well as health insurers and addresses coverage for congenital anomalies. There is some language in the rule that refers to premiums which denotes health insurance only and causes confusion for self-funded plans given that the terminology for payments by members covered by a self-funded plan is “contribution” and not “premium.”
Date Rulemaking Status Text
April 11, 2019 Pending Rule adopted as final and effective Text of Final Rule
November 7, 2018 Notice of Rulemaking – Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule
RULES PERTAINING TO IDAHO ACQUISITIONS OF CONTROL AND INSURANCE HOLDING COMPANY SYSTEMS – DOCKET NUMBER 18-0123-1801
We expect to revise language in IDAPA 23 at Subsection 027.01 regarding extraordinary dividends to be consistent with changes made to Idaho Code § 41-3812, following enactment of House Bill 454 in 2018.
Date Rulemaking Status Text
April 11, 2019 Pending Rule adopted as final and effective Text of Final Rule
November 7, 2018 Notice of Rulemaking – Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 1:30 pm Text of Draft Rule
ADVERTISEMENT OF DISABILITY (ACCIDENT AND SICKNESS) INSURANCE – DOCKET NUMBER 18-0124-1801
Section 025 of the rule states that the Director may require the filing of “direct response” advertising regarding disability accident and sickness policies. Some carriers, typically those seeking to sell limited benefit plans, object to filing advertising materials. This results in the Department sending a separate request for this material. The Department believes that it’s appropriate to be able to review advertising material, and this change would streamline that communication and process. This rulemaking seeks to modify the rule to eliminate the reference to “direct response” advertising.
Date Rulemaking Status Text
April 11, 2019 Pending Rule adopted as final and effective Text of Final Rule
November 7, 2018 Notice of Rulemaking – Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule
INDIVIDUAL DISABILITY AND GROUP SUPPLEMENTAL DISABILITY INSURANCE MINIMUM STANDARDS RULE – DOCKET NUMBER 18-0130-1801
This rulemaking follows House Concurrent Resolution 45 adopted in 2018 and meetings that have already occurred with the Department of Insurance. Health insurers have not covered hearing aids for children based on exclusionary language in this rule. The Department seeks to revise language in section 011 related to exclusions for hearing aids to provide an exception related to medically necessary treatment for a congenital anomaly. (This rule impacts individual insurance coverage; companion rulemaking will address the small group market in IDAPA 18.01.70.)
Date Rulemaking Status Text
April 11, 2019 Pending Rule adopted as final and effective Text of Final Rule
December 5, 2018 Notice of Rulemaking – Adoption of Pending Rule
October 3, 2018 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
August, 2018 Notice of Public Meeting – September 6, 2018 at 2:00 pm at Statehouse Text of Revised Draft Rule
July 4, 2018 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule
SCHEDULE OF FEES, LICENSES, AND MISCELLANEOUS CHARGES – DOCKET NUMBER 18-0144-1801
The Department of Insurance has withdrawn and is not proceeding with formal rulemaking activity in Docket No. 18-0144-1801. We may consider but are not committed to moving forward with it in the future.
RULE PERTAINING TO FIRE PROTECTION SPRINKLER CONTRACTORS – DOCKET NUMBER 18-0149-1801
We expect to revise language in IDAPA 18.01.49 to eliminate subsection 011.07 providing for an advisory board, which board has never been formed; eliminate some language in section 021.06 concerning fees that tie the fee amount to one percent of the bid amount. Language imposing fees in the amount of $2.00 per sprinkler head payable to the local department or the State Fire Marshal will be retained including the retention of the maximum and minimum fees.
Date Rulemaking Status Text
April 11, 2019 Pending Rule adopted as final and effective Text of Final Rule
November 7, 2018 Notice of Rulemaking – Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 1:30 pm Text of Draft Rule
RULE TO IMPLEMENT THE NAIC MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS MODEL ACT- DOCKET NUMBER 18-0154-1801
This negotiated rulemaking seeks to make updates following the NAIC model rule to add definitions for the 2020 Standardized Medicare Supplement Benefit Plans and add more detailed sections with respect to such plans.
Date Rulemaking Status Text
April 11, 2019 Pending Rule adopted as final and effective Text of Final Rule
November 7, 2018 Notice of Rulemaking – Adoption of Pending Rule
October 3, 2018 Notice of Rulemaking – Adoption of Temporary Rule Text of Temporary Rule
September 5, 2018 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule
RULE TO ANNUAL FINANCIAL REPORTING – DOCKET NUMBER 18-0162-1801
We expect to revise and update IDAPA 18.01.62 to include NAIC Annual Financial Reporting Model Regulation #205 provisions supporting the requirement of an independent internal audit function for large insurance companies or insurance holding company groups. The requirement would apply for insurance companies with over $500 million in annual premiums written (or $1 billion if a member of a group). This anticipated rulemaking will require a standard best corporate governance practice to assist company management and the board of large insurers by implementing sound business practices to maintain solvency and honor all policyholder obligations.
Date Rulemaking Status Text
April 11, 2019 Pending Rule adopted as final and effective Text of Final Rule
November 7, 2018 Notice of Rulemaking – Adoption of Pending Rule
September 5, 2018 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 4, 2018 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 1:30 pm Text of Draft Rule
RULES GOVERNING SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT PLAN DESIGN – DOCKET NUMBER 18-0170-1801
This rulemaking follows House Concurrent Resolution 45 adopted in 2018 and some meetings that have already occurred with the Department of Insurance. Health insurers have not covered hearing aids for children based on exclusionary language in this rule addressing the small group market. We seek to revise language of Section 016 related to exclusions for hearing aids to provide an exception for medically necessary treatment for a congenital anomaly. (This rule is a companion rule to that affecting the individual insurance market IDAPA 18.01.30.)
Date Rulemaking Status Text
April 11, 2019 Pending Rule adopted as final and effective Text of Final Rule
December 5, 2018 Notice of Rulemaking – Adoption of Pending Rule
October 3, 2018 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
August, 2018 Notice of Public Meeting – September 6, 2018 at 2:00 pm at Statehouse Text of Revised Draft Rule Will Mirror that for Rule 30 Above
July 4, 2018 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 23, 2018 @ 3:00 pm Text of Draft Rule

2017-2018 Rulemaking

The following describes rulemaking activity for submission before the Legislative Session 2018.
RULE PERTAINING TO INSURANCE POLICY TITLES – DOCKET NUMBER 18-0102-1701
The body of the current rule consists of one sentence barring the approval of any life insurance policy bearing a name which is misleading or confusing. Such policies are already prohibited by section 41-1813, Idaho Code. IDAPA 18.01.02 is not necessary for the effectuation of Idaho insurance code as it does not add anything of value in understanding or effectuating section 41-1813, Idaho Code or other provisions of Idaho insurance code. This rulemaking seeks to repeal this rule.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Rule Repealed
November 1, 2017 Notice of Rulemaking – Pending Rule
September 6, 2017 Notice of Rulemaking – Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm
RULE PERTAINING TO FILING OF LIFE POLICY FORMS- DOCKET NUMBER 18-0108-1701
The current rule, which was adopted in 1962, calls for life policy forms to be submitted to the Department “in duplicate”; policy forms have long been submitted electronically through the System for Electronic Rate and Form Filings (SERFF). IDAPA 18.01.08 is not necessary for the effectuation of Idaho insurance code. The substantive-type provisions of this rule may be unnecessary. Also, other provisions apply to policies per Idaho Code § 41-1927. This rulemaking seeks to repeal this rule.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Rule Repealed
November 1, 2017 Notice of Rulemaking – Pending Rule
September 6, 2017 Notice of Rulemaking – Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm
RULE PERTAINING TO CANCELLATION OF, OR REFUSAL TO RENEW AUTOMOBILE INSURANCE POLICIES – DOCKET NUMBER 18-0120-1701
Idaho Code § 41-2502 requires that insurers offer uninsured and underinsured auto coverage to Idaho consumers and also provides that a consumer can reject such coverage in writing when the policy is first purchased. Subsection (3) of this section also provides that the insurer provide a statement approved by the Director of the Department of Insurance explaining both types of coverage and the types of underinsured coverage that might be available in Idaho. The department fulfilled this directive initially by publishing Bulletin 08-08. Recently there has been discussion about whether consumers are adequately protected under the status quo. In 2017, there were three bills (H0163, S1048, and S1078) that considered proposing amendments to Idaho Code §§ 41-2502 or 41-2503 (the latter section containing definitions). Legislators suggested that the Director meet with industry to consider alternatives that might better serve Idahoans. The resulting pending rulemaking provides a revised disclosure form to be used by carriers no later than January 1, 2019.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Text of Final Rule
November 1, 2017 Notice of Rulemaking – Pending Rule Text of Pending Rule with Changes
September 6, 2017 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 20, 2017 @ 2:30 pm Text of Draft Rule
RULE PERTAINING TO SALE OF INSURANCE BY VENDING MACHINES- DOCKET NUMBER 18-0122-1701
This rule dates back to 1979 and is outdated. It is not currently monitored by the DOI, no licenses currently exist, nor are any expected. The fee for vending machine licenses is not addressed or included in the Department’s general fee rule, IDAPA 18.01.44. Internet options have replaced this mode of accessibility for the public, along with provisions on credit cards for purchasing travel insurance. Recent legislative change (S1079, effective 7/1/17) removes retail licensing requirements. This rulemaking seeks to repeal this rule.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Rule Repealed
November 1, 2017 Notice of Rulemaking – Pending Rule
September 6, 2017 Notice of Rulemaking – Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm
RULE PERTAINING TO TITLE INSURANCE AND TITLE INSURANCE AGENTS AND ESCROW OFFICERS- DOCKET NUMBER 18-0125-1701
This pending rulemaking amends language to make title insurance policy cancellation fees permissive rather than mandatory because there are various scenarios where it seems inappropriate to charge a cancellation fee, and title insurance agents would not charge cancellation fees but for the rule.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Text of Final Rule
November 1, 2017 Notice of Rulemaking – Pending Rule
September 6, 2017 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 1:30 pm Text of Draft Rule
RULE PERTAINING TO INDIVIDUAL DISABILITY AND GROUP SUPPLEMENTAL DISABILITY INSURANCE MINIMUM STANDARDS – DOCKET NUMBER 18-0130-1701
Following negotiated rulemaking, the pending rule allows, but does not require, carriers to offer return of premium or cash value benefits to covered persons for specified disease, limited benefit policies, and accident only policies in addition to the other types of policies currently permitted.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Text of Final Rule
November 1, 2017 Notice of Rulemaking – Pending Rule
September 6, 2017 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm
RULE PERTAINING TO GUIDELINES RESPECTING THE USE OF CLAIM FORMS FOR DISABILITY INSURANCE CLAIMS – DOCKET NUMBER 18-0135-1701
The current rule requires insurers to furnish, to hospitals and certain other service providers, a six month supply of paper forms for the filing of claims. Since the rule was adopted in 1980, the vast majority of claims are submitted electronically, and it is no longer necessary for providers to have a six-month supply of paper forms on hand at all times. IDAPA 18.01.35 is not necessary for the effectuation of Idaho insurance code as it reflects outmoded practices. This rulemaking seeks to repeal this rule.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Rule Repealed
November 1, 2017 Notice of Rulemaking – Pending Rule
September 6, 2017 Notice of Rulemaking – Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm
RULE PERTAINING TO REBATES AND ILLEGAL INDUCEMENTS TO OBTAINING TITLE INSURANCE BUSINESS – DOCKET NUMBER 18-0156-1701
This pending rulemaking seeks to amend the definition of “things of value” at Subsection 010.05 and revise provisions 4.l. and 9 of Exhibit 1, which currently require cancellation fees. There are various scenarios where it seems inappropriate to charge a cancellation fee, and title insurance agents would not charge cancellation fees but for the rule.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Text of Final Rule
November 1, 2017 Notice of Rulemaking – Pending Rule
September 6, 2017 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 1:30 pm Text of Draft Rule
RULE TO IMPLEMENT THE INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT PLAN DESIGN – DOCKET NUMBER 18-0173-1701
The current rule provides specifics for the plan design of five individual health plans to be offered through the Idaho Individual High Risk Reinsurance Pool, per Chapter 55, Title 41, Idaho Code. Revisions to this chapter, effective 7/1/2017, have eliminated the requirement and the need to design specific products for the Pool, which, going forward, will likely function as a reinsurance mechanism for individuals with certain health conditions enrolled in major medical individual health insurance plans available market-wide. IDAPA 18.01.73 is no longer necessary for the effectuation of Idaho insurance code as Chapter 55, Title 41, Idaho Code no longer provides for individuals to be enrolled in unique high risk pool plans. The approximately 50 individuals grandfathered into these plans prior to the 2017 legislation will be renewed into these plans, if they desire, without modification to plan design. Therefore, rules for design of these plans are obsolete as no new such plans will be created. This rulemaking seeks to repeal this rule.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Rule Repealed
November 1, 2017 Notice of Rulemaking – Proposed Rule
September 6, 2017 Notice of Rulemaking – Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm
RULE PERTAINING TO CREDIT FOR REINSURANCE – DOCKET NUMBER 18-0175-1701
This pending rulemaking seeks to revise and update IDAPA 18.01.75 to include NAIC Credit for Reinsurance Model Regulation #786 provisions supporting the modernization of reinsurance regulation. This updated rulemaking sets forth rules and procedural requirements necessary to carry out the provisions of Idaho Code § 41-515, following H.B. 101 enacted in 2017.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Text of Final Rule
October 4, 2017 Notice of Rulemaking – Pending Rule
August 2, 2017 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
June 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: June 22, 2017 @ 2:30 pm Text of Draft Rule
RULE PERTAINING TO CORPORATE GOVERNANCE – DOCKET NUMBER 18-0181-1701
This pending rulemaking seeks the addition of a new rule following the enactment of Title 41 Chapter 64 that will provide insurers with more detailed procedures for submitting the required Corporate Governance Annual Disclosure (CGAD) filing and includes the contents that are deemed necessary by the Director of the Department of Insurance to carry out the provisions of Chapter 64 following H.B. 102 enacted in 2017.
Date Rulemaking Status Text
March 28, 2018 Pending Rule adopted as final and effective Text of Final Rule
October 4, 2017 Notice of Rulemaking – Pending Rule
August 2, 2017 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
June 7, 2017 Notice of Intent to Promulgate Rules – Negotiated Rulemaking – Public Meeting: June 22, 2017 @ 2:30 pm Text of Draft Rule

2016-2017 Rulemaking

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 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
March 29, 2017 Pending rule adopted as final and effective
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 rule confers 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 rule also confers 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
March 29, 2017 Pending rule adopted as final and effective
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 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
March 29, 2017 Pending rule adopted as final and effective
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 amended to require all Medicare Supplement (aka Medigap) carriers to offer coverage to pre-65 Medicare eligible individuals; clarifies the requirement to account for interest in projections; requires experience and rate increases to be pooled among all plans offered by a company; and clarifies rating/underwriting factors that can be used and when (e.g. smoking and pre-65).
Date Rulemaking Status Text
March 29, 2017 Pending rule adopted as final and effective
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 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 rulemaking made the following changes:
  • Subsection 012.02 (Listing Packages) – permits 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) – permits last deed of record.
  • Subsection 013.01 (Advertisement) – eliminated the quarterly publication requirement; amended to permit advertising in annual trade association publications.
  • Subsection 014.01 (Self-Promotional Items) – increased amount spent on self-promotion items from $10 to $25/item and from $50 to $200/year in cumulative value.
  • Subsection 014.03 (Educational Programs) – increased the expenditure from $10 to $20 per person. Also changed “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) – removed the reference to Section 41-2706, Idaho Code, which is improper following a legislative change in 2011.
Date Rulemaking Status Text
March 29, 2017 Pending rule adopted as final
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 Rulemaking

The following describes rulemaking activity for submission before the Legislative Session 2016, and published in the Idaho Administrative Bulletin Volume 15-7, July 1, 2015.
RULES PERTAINING TO SELF-FUNDED EMPLOYEE HEALTH CARE PLANS
This rulemaking seeks to amend Rule 27 to conform to code changes made during 2013, provide additional clarity, and remove some duplicative language unnecessary to the rule that reiterates the code. 18.01.27 – Notice Of Rulemaking – Adoption of Pending Rule.
RULES PERTAINING TO SCHEDULE OF FEES, LICENSES AND MISCELLANEOUS CHARGES
This rulemaking seeks to amend IDAPA 18.01.44.030 to add a licensing/renewal fee for public adjusters of $80 (eighty dollars); seeks to amend 18.01.44.020.03 to clarify that registration of self-funded student health plans is subject to the licensing/renewal $500 (five-hundred dollars) fee just like self-funded employer plans, and may seek to amend the 18.01.04.030.02 regarding the $60 (sixty dollars) fee an applicant for a producer or adjuster license pays to take an examination.18.01.44 18.01.44 – Notice Of Rulemaking – Adoption of Pending Fee Rule.
RULES PERTAINING TO LONG-TERM CARE INSURANCE MINIMUM STANDARDS
The long-term care rule (IDAPA 18.01.60.017) currently references inflation protection but does not clearly establish a minimum amount applicable to long-term care partnership policies. Qualifying long-term care partnership policies allow consumers who buy them to qualify for Medicaid asset disregard. For long-term care partnership policies, the Department has applied a minimum 5% annual inflation protection, or alternatively, benefit guarantees of not less than the annual change in the Consumer Price Index by Bulletin 06-07. The department expects to pursue rulemaking to modify minimum inflation protection applicable to long term care partnership policies, which should promote more purchases of them. The rulemaking may also impact inflation protection for non-partnership policies. 18.01.60 – Notice Of Rulemaking – Adoption of Pending Rule.

2014-2015 Rulemaking

The following describes rulemaking activity effective April 11, 2015 (adjournment of the legislature) unless otherwise noted.
RULES PERTAINING TO RECOGNITION OF NEW ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES AND PURE ENDOWMENT CONTRACTS.
This rulemaking amends Rule 46 to adopt NAIC 2012 individual annuity reserve table (2012 IAR) per NAIC model 821 for annuities issued January 1, 2015, and later. 18.01.46 – Notice of Rulemaking – Adoption of Pending Rule and Adoption of Temporary Rule 18.01.46 – Text of Final Rule.
RULES PERTAINING TO CONTINUING EDUCATION
This rulemaking requires resident adjusters and those adjusters with Idaho as the home state as well as resident/home state public adjusters to meet continuing education requirements, and that the specifics of Rule 53, such as the approval of courses by the CE Committee, will apply. 18.01.53 – Notice of Rulemaking – Adoption of Pending Rule 18.01.53 – Text of Final Rule.
RULES PERTAINING TO CHANGE IN THE SCHEDULE OF FEES, LICENSES AND MISCELLANEOUS CHARGES
This rulemaking sought to:
  • provide clarity concerning the required fee for self-funded student health plans that register with the Department;
  • make a technical correction to delete surplus language;
  • provide for the same licensure fee for public adjusters as exists for adjusters, namely, $80; and
  • change the fee for examinations for producer and adjuster license applicants from a flat $60 to an amount not to exceed $80.

2013-2014 Rulemaking

The following describes rulemaking activity effective March 30, 2014 (adjournment of the legislature).
RULES PERTAINING TO BAIL AGENTS
This rulemaking deletes sections 18.01.04.016.02 and 18.01.04.016.3 from Rule 18.01.04 to conform the rule to the interpretation of Idaho Code 41-1042 consistent with the Idaho Supreme Court’s ruling in Two Jinn v. Idaho Department of Insurance, 154 Idaho 1, 293 P.3d 150 (2013). 18.01.04 – Notice of Pending Rule. 18.01.04 – Text of Final Rule.
RULES PERTAINING TO THE IDAHO INSURANCE HOLDING COMPANY SYSTEM REGULATORY ACT
This rulemaking updates the existing rule consistent with changes made to title 41, chapter 38, Idaho Code during the 2013 legislative session in House Bill 197 affecting insurance holding company systems. Changes include, but are not limited to, setting forth the elements of the new filing requirements for a new Form F – Enterprise Risk Report. 18.01.23 – Notice of Pending Rule. 18.01.23 – Text of Final Rule.
ADOPTION OF THE INTERNATIONAL FIRE CODE
To revise language in IDAPA 18.01.50 to adopt the 2012 edition of the International Fire Code. This adoption includes revisions made to previous editions of the International Fire Code. This rule brings the adopted edition of the International Fire Code current with the edition of the Building Code adopted by the Legislature in 2013. 18.01.50 – Notice of Pending Rule 18.01.50 – Text of Final Rule

2012-2013 Rulemaking

The following Department of Insurance rules became final and effective upon adjournment of the legislature, April 4, 2013: 18.01.09 – Suitability in Annuity Transactions. Prior rule was repealed, and new rule added based on 2010 NAIC Model Rule; requires the producer or insurer to have reasonable grounds to believe an annuity is suitable based on specific information of the consumer prior to making a recommendation to the consumer; also requires producers engaged in the sale of annuity products to complete a one-time, four-credit training course. 18.01.19 – Insurance Rates and Credit Rating. Clarifies when and how an insurer’s use of consumer credit information will be deemed to be improper and in violation of Idaho Code, and permits insurers to use a neutral credit factor or score against which to measure compliance with Idaho Code, both at initial rating and upon renewal. 18.01.44 – Schedule of Fees, Licenses and Miscellaneous Charges. At original license application, a vendor of portable electronics insurance engaged in portable electronics transactions at more than ten locations in Idaho, the fee is $1000. For a vendor engaged in portable electronics transactions at ten or fewer locations, the fee is $100. At renewal, a vendor of portable electronics insurance engaged in portable electronics transactions at more than ten locations, the renewal fee is $500. A vendor engaged in portable electronics transactions at ten or few locations pays a renewal fee of $100. Fingerprint processing fees are increased up to, but may not exceed, $80. 18.01.56 – Rebates and Illegal Inducements to Obtaining Title Insurance Business. Language added to permit title agents to provide attorneys and appraisers plat maps and copies of CCRs without charge.
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