Idaho State Statutes - Idaho Attorney Directory

(1) A health benefit plan subject to
the provisions of this chapter shall be renewable with respect to all eligible
employees or dependents, at the option of the small employer, except in any of
the following cases:
(a) Nonpayment of the required premiums;
(b) Fraud or intentional misrepresentation of material fact by the small
employer;
(c) Noncompliance with the carrier's minimum participation requirements;
(d) Noncompliance with the carrier's employer contribution requirements;
(e) In the case of health benefit plans that are made available in the
small employer market only through one (1) or more associations as defined
in section 41-2202, Idaho Code, the membership of an employer in the
association, on the basis of which the coverage is provided ceases, but
only if the coverage is terminated under this paragraph uniformly without
regard to any health status-related factor relating to any covered
individual;
(f) The small employer no longer meets the requirements of section
41-4703(28), Idaho Code;
(g) The small employer carrier elects to nonrenew all of its health
benefit plans delivered or issued for delivery to small employers in this
state. In such a case the carrier shall:
(i) Provide advance notice of its decision under this paragraph to
the director in each state in which it is licensed; and
(ii) Provide notice of the decision not to renew coverage to all
affected small employers and to the director at least one hundred
eighty (180) days prior to the nonrenewal of any health benefit plans
by the carrier. Notice to the director under the provisions of this
paragraph shall be provided at least three (3) working days prior to
the notice to the affected small employers; or
(h) The director finds that the continuation of the coverage would:
(i) Not be in the best interests of the policyholders or
certificate holders; or
(ii) Impair the carrier's ability to meet its contractual
obligations.
In such instance the director shall assist affected small employers in
finding replacement coverage.
(2) A small employer carrier that elects not to renew a health benefit
plan under the provisions of subsection (1)(g) of this section shall be
prohibited from writing new business in the small employer market in this
state for a period of five (5) years from the date of notice to the director.
(3) In the case of a small employer carrier doing business in one (1)
established geographic service area of the state, the rules set forth in this
subsection shall apply only to the carrier's operations in that service area.

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