TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 16

HEALTH-RELATED CASH DISCOUNT CARDS

48-1601.  Unlawful practices — Exceptions. It shall be unlawful and a violation of this chapter for any person to sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts from health care providers in health-related purchases where:

(1)  Such card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;

(2)  Such discounts are not specifically authorized by an individual and separate contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device; or

(3)  The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are misleading, deceptive or fraudulent, regardless of the literal wording used.

(4)  Nothing in this chapter shall be construed to apply to:

(a)  A customer discount or membership card issued by a store or buying club for use at that store or buying club;

(b)  A benefit administered by an insurer, a carrier or a managed care organization as defined in sections 41-103, 41-2212 and 41-3903, Idaho Code, respectively.

History:

[48-1601, added 2000, ch. 185, sec. 1, p. 455.]