2005 Idaho Code - 41-4015 — PROHIBITED PECUNIARY INTERESTS IN PLAN MANAGEMENT

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 40
                        SELF-FUNDED HEALTH CARE PLANS
    41-4015.  PROHIBITED PECUNIARY INTERESTS IN PLAN MANAGEMENT. (1) No
trustee, administrator, or other person having responsibility for the
management of a self-funded plan or the investment or other handling of trust
funds shall:
    (a)  Receive directly or indirectly or be pecuniarily interested in any
    fee, commission, compensation, or emolument, other than salary or other
    similar compensation regularly fixed and allowed for services regularly
    rendered to the plan, arising out of any transaction to which the trust
    fund is or is to be a party.
    (b)  Receive compensation as a consultant to the plan while also acting as
    a trustee or administrator, or as an employee of either.
    (c)  Have any direct or indirect material pecuniary interest in any loan
    or investment of the trust fund.
    (2)  No consultant to the plan or trust fund shall directly or indirectly
receive or be pecuniarily interested in any commission or other compensation
arising out of any contract or transaction between the plan or trust fund and
any insurer, health care service corporation, health maintenance organization
or other provider of health care services or of drugs or other health care
needs and supplies.
    (3)  The director may, after reasonable notice and a hearing, require
removal of a trustee or prohibit the trustee from employing or retaining or
continuing to employ or retain any person in the administration of the trust
fund or plan upon finding that continuation of the trustee or such employment
or retention involves a conflict of interest not in the best interests of the
plan or adversely affecting interests of beneficiaries.

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