US Laws, Codes, Statutes & Cases

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 47
                            SMALL EMPLOYER HEALTH
                          INSURANCE AVAILABILITY ACT
    41-4710.  APPLICATION TO BECOME A RISK-ASSUMING CARRIER. (1) A small
employer carrier may apply to become a risk-assuming carrier by filing an
application with the director in a form and manner prescribed by the director.
    (2)  The director shall consider the following factors in evaluating an
application filed under the provisions of subsection (1) of this section:
    (a)  The carrier's financial condition;
    (b)  The carrier's history of rating and underwriting small employer
    groups;
    (c)  The carrier's commitment to market fairly to all small employers in
    the state or its established geographic service area, as applicable;
    (d)  The carrier's experience with managing the risk of small employer
    groups; and
    (e)  The extent to which a carrier has and will be able to maintain
    reinsurance pursuant to the provisions of subsection (4)(c) of section
    41-4704, Idaho Code.
    (3)  The director shall provide public notice of an application by a small
employer carrier to be a risk-assuming carrier and shall provide at least a
sixty (60) day period for public comment prior to making a decision on the
application. If the application is not acted upon within ninety (90) days of
the receipt of the application by the director, the carrier may request a
hearing.
    (4)  The director may rescind the approval granted to a risk-assuming
carrier under the provisions of this section if the director finds that:
    (a)  The carrier's financial condition will no longer support the
    assumption of risk from issuing coverage to small employers in compliance
    with the provisions of section 41-4708, Idaho Code, without the protection
    afforded by the program;
    (b)  The carrier has failed to market fairly to all small employers in the
    state or its established geographic service area, as applicable; or
    (c)  The carrier has failed to provide coverage to eligible small
    employers as required in section 41-4708, Idaho Code.
    (5)  A small employer carrier electing to be a risk-assuming carrier shall
not be subject to the provisions of section 41-4711, Idaho Code, except to the
extent such small employer carrier is subject to assessment for additional
funding pursuant to the provisions of subsection (12)(c) of section 41-4711,
Idaho Code.