Idaho § 41-5210 APPLICATION TO BECOME A RISK-ASSUMING CARRIER

Idaho Statutes

§ 41-5210 — APPLICATION TO BECOME A RISK-ASSUMING CARRIER

Idaho § 41-5210

Title 41INSURANCE

Ch. 52INDIVIDUAL HEALTH INSURANCE AVAILABILITY ACT

This text of Idaho § 41-5210 (APPLICATION TO BECOME A RISK-ASSUMING CARRIER) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 41-5210 (2026).

Text

(1)An individual 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 individuals;

(c)The carrier’s commitment to market fairly to all individuals in the state or its established geographic service area, as applicable;

(d)The carrier’s experience with managing the risk of individuals; and

(e)The extent to which a carrier has and will be able to maintain reinsurance pursuant to the provisions of subsection (3) of section 41-5204, Idaho Code.

(3)The director shall

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(1) An individual 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 individuals;
(c) The carrier’s commitment to market fairly to all individuals in the state or its established geographic service area, as applicable;
(d) The carrier’s experience with managing the risk of individuals; and
(e) The extent to which a carrier has and will be able to maintain reinsurance pursuant to the provisions of subsection (3) of section 41-5204, Idaho Code.
(3) The director shall provide public notice of an application by an individual 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 on 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 individuals in compliance with the provisions of section 41-5208, Idaho Code, without the protection afforded by the program;
(b) The carrier has failed to market fairly to all individuals in the state or its established geographic service area, as applicable; or
(c) The carrier has failed to provide coverage to eligible individuals as required in section 41-5208, Idaho Code.