41-5606 — PENALTIES


                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 56
                           PROMPT PAYMENT OF CLAIMS
    41-5606.  PENALTIES. (1) The director shall enforce the provisions of this
chapter and shall review and, if appropriate, investigate complaints received
by the department related to noncompliance with the provisions of this
chapter.
    (2)  If the director determines an insurer has violated the provisions of
this chapter, the director may impose an administrative fine not to exceed
five thousand dollars ($5,000) based upon an enforcement action.
    (3)  The director shall not suspend or revoke an insurer's certificate of
authority for violation of this chapter.
    (4)  No administrative penalty shall be imposed against an insurer under
this chapter or any other provision of law for failure to comply with this
chapter if, in the calendar year it has paid ninety-five percent (95%) or more
of all claims subject to this chapter to or on behalf of beneficiaries within
the time periods set forth in section 41-5602, Idaho Code.
    (5)  This section shall not create a private cause of action by or on
behalf of a beneficiary or practitioner or facility against an insurer.