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Chapter 40, Title 41, Idaho Code, is applicable to every self-funded health plan that provides fully or partially self-funded health benefit plans to Idaho residents except for single employer plans (which are preempted by federal ERISA law), counties, or those plans otherwise exempted by Idaho Code §41-4003(2). Examples of plans subject to regulation include cities, MEWA’s (Multiple Employer Welfare Arrangement), and post-secondary self-funded student health plans. Plans subject to regulation must be registered with the Idaho Department of Insurance, file periodic financial statements and other required filings (such as an annual audit and actuarial opinion), and are subject to examination. Please review IDAPA 18.01.27 and the below links for additional information and instructions.

Please be aware that, under Idaho Code, the structure, responsibilities and governance of these Plans are different than plans regulated under ERISA law. For example, the Plan Sponsor does not retain the right to control the Plan. The registered Plan includes the Trust, all documents, policies, agreements, and services related to the full operations of the Plan and Trust. The Trustees have the responsibility to manage and administer the Plan. The Trustees can delegate certain tasks but cannot delegate their authority and fiduciary responsibility.

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