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.

History:

[41-5606, added 2004, ch. 290, sec. 1, p. 815.]