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S1219................................................by JUDICIARY AND RULES INSURANCE - Amends existing law relating to insurance to remove exemption language referencing plans administered by counties; and to provide for petitions for exemptions. 03/17 Senate intro - 1st rdg - to printing 03/18 Rpt prt - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1219 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO INSURANCE; AMENDING SECTION 41-4003, IDAHO CODE, TO REMOVE EXEMP- 3 TION LANGUAGE REFERENCING PLANS ADMINISTERED BY COUNTIES; AMENDING SECTION 4 41-4009, IDAHO CODE, TO PROVIDE FOR PETITIONS FOR EXEMPTIONS; AND PROVID- 5 ING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 41-4003, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 41-4003. REGISTRATION REQUIRED -- EXEMPTIONS -- NOT SUBJECT TO INSURANCE 10 CODE. (1) No self-funded plan shall operate in this state except while regis- 11 tered with the director as hereinafter provided. Self-funded plans already in 12 operation at the effective date of this act shall so register within ninety 13 (90) days after such effective date. 14 (2) No registration shall be required of: 15 (a) Any self-funded plan established for the sole purpose of funding the 16 dollar amount of a deductible clause contained in the provisions of an 17 insurance contract issued by an insurer duly authorized to transact dis- 18 ability insurance in this state if the deductible does not exceed an 19 amount applicable to each beneficiary of two thousand dollars ($2,000) per 20 annum and the total of all obligations to all beneficiaries insured under 21 the plan arising out of the application of such a deductible does not 22 exceed the aggregate amount of two hundred thousand dollars ($200,000) in 23 any one (1) year. 24 (b) Any plan established and maintained for the purpose of complying with 25 any worker's compensation law or unemployment compensation disability 26 insurance law. 27 (c) Any plan administered by or for the federal government or agency 28 thereof.or any county of this state.29 (d) Any plan which is primarily for the purpose of providing first aid 30 care and treatment, at a dispensary of an employer, for injury or sickness 31 of employees while engaged in their employment. 32 (e) Any employer's self-insured health plan or service established and 33 maintained solely for its members and their immediate families, or to any 34 self-insured health plan or service established, maintained, and insured 35 jointly by any employer and any labor organization or organizations if 36 such health plan or service has been in existence and operation for fif- 37 teen (15) years immediately preceding the effective date of this act. 38 (3) Plans while so registered shall not be deemed to be engaged in the 39 business of insurance and shall not be subject to provisions of the Idaho 40 insurance code except as expressly provided in this act. 41 SECTION 2. That Section 41-4009, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 41-4009. INVESTMENT OF TRUST FUND. (1) The trustee may invest reserves 2 and other funds available for the purpose in the trust fund of a self-funded 3 plan in the following kinds of investments only: 4 (a) General obligations of the United States government, or of any state, 5 district, commonwealth, or territory of the United States, or of any munici- 6 pality, county, or other political subdivision or agency thereof. 7 (b) Obligations the payment of principal and interest of which is guaran- 8 teed by any such government or agency. 9 (c) Corporate bonds and similar obligations meeting the requirements 10 specified for investment of funds of insurers under section 41-711, Idaho 11 Code. 12 (d) Collateral loans payment of principal and interest of which is ade- 13 quately secured by securities in which the trust fund could lawfully invest 14 direct. 15 (e) Deposits, savings accounts, and share accounts in established banks 16 and savings and loan associations located in the United States. Such invest- 17 ment as to any one (1) such institution shall not be in excess of the amount 18 covered by applicable deposit, savings, and share account insurance. 19 (2) In addition to investments excluded under subsection (1) above, the 20 trustee is expressly prohibited from investing trust fund moneys in: 21 (a) Any loan to or security of any employer participating in the plan, or 22 to or of any officer, director, subsidiary or affiliate of any such employer. 23 (b) The security of any person in which the trustee, administrator, or 24 any consultant of the plan has a direct or indirect material pecuniary inter- 25 est. 26 (c) Real estate or loans thereon. 27 (d) Any personal loan, other than a collateral loan referred to in sub- 28 section (1)(d) above, but subject to subdivisions (a) and (b) of this subsec- 29 tion (2). 30 (3) All such investments shall be made and held in the name of the trust 31 fund, and the interest and yield thereon shall inure to the account of the 32 trust fund. 33 (4) No investment shall be made unless authorized in writing by the 34 trustee and so shown in the records of the trust fund. 35 (5) Any person who authorizes any investment of trust fund moneys in 36 violation of this section shall, in addition to other penalty therefor, be 37 liable for all loss suffered by the trust fund on account of the investment. 38 (6) No investment made in violation of this section shall constitute an 39 "asset" in any determination of the financial condition of the trust fund. 40 (7) A trustee of a self-funded plan offered by a single governmental 41 entity, but not including a group of entities or a joint powers entity, may 42 petition the director for an exemption from this section. The director shall 43 grant such petition if the director finds that the proposed investment plan is 44 consistent with the fiduciary obligations of the trustee as set forth in this 45 chapter. A failure by the trustee to adhere to an investment plan approved by 46 the director shall be a violation of this section. 47 SECTION 3. This act shall be in full force and effect on and after Janu- 48 ary 1, 2006.
STATEMENT OF PURPOSE RS 15149 The purpose of this legislation is to eliminate the exemption from the requirement for registration of any self- funded health care plans administered by or for any county of this State and thereby provide better protections for consumers and health care providers. Individual counties will have the opportunity to petition the Department of Insurance for an exemption from the investment requirements in this chapter. The legislation would also eliminate the need to pursue litigation to clarify the intent of current law with regard to such plans and would provide a level playing field by subjecting self- funded plans of counties to the same regulations and consumer protections as self-funded plans of other employers. FISCAL IMPACT There would be a positive impact on the General Fund equal to any tax that would be paid to the General Fund as a result of this legislation. Greater regulation would also reduce the possibility of insolvency which might have to be borne by government if unregulated plans lack sufficient reserves or underwrite inadequately. There could be a slight impact on some county governments that would have to pay a tax to the General Fund to the extent that they are not paying such a tax at the present time. The amount of such tax is too speculative to quantify because the rate to be applied is unknowable at this time. Contact Name: Senator Dean Cameron Phone: 334-4735 STATEMENT OF PURPOSE/FISCAL NOTE S 1219