2005 Idaho Code - 41-5204 — APPLICABILITY AND SCOPE

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 52
                 INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT
    41-5204.  APPLICABILITY AND SCOPE. To the extent permitted by federal law,
the provisions of this chapter shall apply to any health benefit plan
delivered or issued for delivery in the state of Idaho that provides coverage
to eligible individuals or their dependents if not otherwise subject to the
provisions of chapter 22, 40, 47 or 55, title 41, Idaho Code.
    (1)  Except as provided in subsection (2) of this section, for the
purposes of this chapter, carriers that are affiliated companies or that are
eligible to file a consolidated tax return shall be treated as one (1) carrier
and any restrictions or limitations imposed in this chapter shall apply as if
all health benefit plans delivered or issued for delivery to individuals in
this state by such affiliated carriers were insured by one (1) carrier.
    (2)  An affiliated carrier that is a managed care organization having a
certificate of authority pursuant to the provisions of chapter 39, title 41,
Idaho Code, may be considered to be a separate carrier for the purposes of
this chapter.
    (3)  Unless otherwise authorized by the director, an individual carrier
shall  not enter into one (1) or more ceding arrangements with respect to
health benefit plans delivered or issued for delivery to individuals in this
state if such arrangements would result in less than fifty percent (50%) of
the insurance obligation or risk for such health benefit plans being retained
by the ceding carrier. The provisions of sections 41-510, 41-511 and 41-514,
Idaho Code, shall apply if an individual carrier cedes or assumes all of the
insurance obligation or risk with respect to one (1) or more health benefit
plans delivered or issued for delivery to individuals in this state.