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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
844
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
HEALTH
INSURANCE;
AMENDING
SECTION
41
-
5207,
IDAHO
CODE,
TO
2
REVISE
A
PROVISION
REGARDING
RENEWAL
OF
ENHANCED
SHORT
-
TERM
PLANS;
3
AMENDING
SECTION
41
-
5214,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
4
REQUIREMENTS
FOR
ENHANCED
SHORT
-
TERM
PLANS;
AND
DECLARING
AN
EMERGENCY
5
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
41
-
5207,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
41
-
5207.
RENEWABILITY
OF
COVERAGE.
(1)
A
health
benefit
plan
subject
10
to
the
provisions
of
this
chapter
shall
be
renewable
with
respect
to
the
in
-
1
1
dividual
or
dependents,
at
the
option
of
the
individual,
except
in
any
of
the
12
following
cases:
13
(a)
Nonpayment
of
the
required
premiums;
14
(b)
Fraud
or
intentional
misrepresentation
of
material
fact
by
the
in
-
15
dividual
insured
or
his
representatives.
An
individual
whose
coverage
16
is
terminated
for
fraud
or
misrepresentation
shall
not
be
deemed
to
be
17
an
"eligible
individual"
for
a
period
of
twelve
(12)
months
from
the
ef
-
18
fective
date
of
the
termination
of
the
individual's
coverage
and
shall
19
not
be
deemed
to
have
"qualifying
previous
coverage"
under
chapter
22,
20
47
or
52,
title
41,
Idaho
Code;
21
(c)
The
individual
ceases
to
be
an
eligible
individual
as
defined
in
22
section
41
-
5203(10),
Idaho
Code;
23
(d)
In
the
case
of
health
benefit
plans
that
are
made
available
in
the
24
individual
market
only
through
one
(1)
or
more
associations,
as
defined
25
in
section
41
-
2202,
Idaho
Code,
the
membership
of
an
individual
in
the
26
association,
on
the
basis
of
which
the
coverage
is
provided
ceases,
but
27
only
if
the
coverage
is
terminated
under
this
paragraph
uniformly
with
-
28
out
regard
to
any
health
status
-
related
factor
relating
to
any
covered
29
individual;
30
(e)
The
individual
carrier
elects,
at
the
time
of
coverage
renewal,
to
31
discontinue
offering
a
particular
health
benefit
plan
delivered
or
is
-
32
sued
for
delivery
to
individuals
in
this
state.
Unless
otherwise
au
-
33
thorized
in
advance
by
the
department
of
insurance,
a
carrier
may
dis
-
34
continue
a
product
only
after
the
product
has
been
in
use
for
at
least
35
thirty
-
six
(36)
consecutive
months,
provided
the
carrier
may
not
dis
-
36
continue
more
than
fifteen
percent
(15%)
of
its
total
number
of
individ
-
37
uals
and
dependents
in
all
lines
of
business
regulated
by
this
chapter
38
in
a
twelve
(12)
month
period.
The
carrier
shall:
39
(i)
Provide
advance
written
or
electronic
notice
of
its
decision
40
under
this
paragraph
to
the
director;
41
2
(ii)
Provide
notice
of
the
discontinuation
to
all
affected
indi
-
1
viduals
at
least
ninety
(90)
calendar
days
prior
to
the
date
the
2
particular
health
benefit
plan
will
be
discontinued
by
the
car
-
3
rier,
provided
that
notice
to
the
director
under
the
provisions
of
4
this
paragraph
shall
be
provided
at
least
fourteen
(14)
calendar
5
days
prior
to
the
notice
to
the
affected
individuals;
6
(iii)
Offer
to
each
affected
individual,
on
a
guaranteed
issue
ba
-
7
sis,
the
option
to
purchase
all
other
health
benefit
plans
cur
-
8
rently
being
offered
by
the
carrier
to
individuals
in
this
state;
9
(iv)
Act
uniformly
without
regard
to
any
health
status
-
related
10
factor
of
an
affected
individual
or
dependent
of
an
affected
indi
-
1
1
vidual
who
may
become
eligible
for
the
coverage;
and
12
(v)
Offer
the
new
products
at
rates
that
comply
with
section
13
41
-
5206(1)(b),
Idaho
Code.
14
(f)
The
individual
carrier
elects
to
nonrenew
all
of
its
health
benefit
15
plans
delivered
or
issued
for
delivery
to
individuals
in
this
state.
In
16
such
a
case
the
carrier
shall:
17
(i)
Provide
advance
notice
of
its
decision
under
this
paragraph
18
to
the
director;
and
19
(ii)
Provide
notice
of
the
decision
not
to
renew
coverage
to
all
20
affected
individuals
and
to
the
director
at
least
one
hundred
21
eighty
(180)
calendar
days
prior
to
the
nonrenewal
of
any
health
22
benefit
plans
by
the
carrier.
Notice
to
the
director
under
the
23
provisions
of
this
paragraph
shall
be
provided
at
least
three
(3)
24
working
days
prior
to
the
notice
to
the
affected
individuals;
25
(g)
The
director
finds
that
the
continuation
of
the
coverage
would:
26
(i)
Not
be
in
the
best
interests
of
the
policyholders
or
certifi
-
27
cate
holders;
or
28
(ii)
Impair
the
carrier's
ability
to
meet
its
contractual
obliga
-
29
tions.
30
In
such
instance,
the
director
shall
assist
affected
individuals
in
31
finding
replacement
coverage;
or
32
(h)
The
plan
is
an
enhanced
short
-
term
plan
that
has
reached
the
limit
33
of
renewability
established
in
rules
issued
by
the
director
and
the
in
-
34
dividual
carrier
offers
the
individual
the
opportunity
to
reapply
for
35
coverage
in
accordance
with
the
rules
issued
by
the
director
,
renewa
-
36
bility
for
which
is
governed
by
the
provisions
of
section
41
-
5214,
Idaho
37
Code
.
38
(2)
An
individual
carrier
that
elects
not
to
renew
a
health
benefit
plan
39
under
the
provisions
of
subsection
(1)(f)
of
this
section
shall
be
prohib
-
40
ited
from
writing
new
business
in
the
individual
market
in
this
state
for
a
41
period
of
five
(5)
years
from
the
date
of
notice
to
the
director.
42
(3)
In
the
case
of
an
individual
carrier
doing
business
in
one
(1)
es
-
43
tablished
geographic
service
area
of
the
state,
the
rules
set
forth
in
this
44
section
shall
apply
only
to
the
carrier's
operations
in
that
service
area.
45
SECTION
2.
That
Section
41
-
5214,
Idaho
Code,
be,
and
the
same
is
hereby
46
amended
to
read
as
follows:
47
41
-
5214.
ENHANCED
SHORT
-
TERM
PLANS.
(1)
A
carrier
may
allow
enroll
-
48
ment
in
enhanced
short
-
term
plans:
49
3
(a)
On
a
year
-
round
basis,
at
any
point
in
the
calendar
year;
1
(b)
During
an
annual
open
enrollment
period;
or
2
(c)
During
a
special
enrollment
period.
3
(2)
The
director
shall
adopt
reasonable
rules
to
establish
specific
4
standards
for
enhanced
short
-
term
plans.
The
standards
shall
be
in
addi
-
5
tion
to
and
in
accordance
with
applicable
laws
of
this
state,
including
this
6
chapter.
The
Notwithstanding
any
provision
of
law
or
federal
waiver
to
the
7
contrary,
the
standards:
8
(1)
Shall
include
requirements
for
renewability
that
are
consistent
9
with
federal
law
regarding
short
-
term,
limited
duration
insurance;
and
10
(a)
Shall
not
be
more
restrictive
than
the
requirements
established
in
1
1
this
section;
12
(b)
Shall
provide
that
the
maximum
duration
of
an
enhanced
short
-
term
13
plan
shall
be
the
greater
of
twelve
(12)
consecutive
months
or
the
maxi
-
14
mum
duration
described
in
45
CFR
144
or
its
succeeding
regulation;
15
(c)
Shall
provide
that
enhanced
short
-
term
plans
may
be
eligible
for
16
renewal
for
a
maximum
total
duration
that
is
the
greater
of
thirty
-
six
17
(36)
months
or
the
maximum
duration
described
in
45
CFR
144
or
its
suc
-
18
ceeding
regulation;
and
19
(2)
(d)
May
include,
but
need
not
be
limited
to:
20
(a)
(i)
A
scope
of
covered
benefits,
which
may
be
as
broad
as
the
21
scope
of
covered
benefits
required
to
be
included
in
individual
22
health
benefit
plans
that
are
not
deemed
short
-
term,
limited
dura
-
23
tion
insurance
under
federal
law;
provided,
however,
the
director
24
may
not
establish
minimum
standards
for
covered
benefits
in
en
-
25
hanced
short
-
term
plans;
26
(b)
(ii)
Restrictions
on
premium
rate
increases
when
an
enhanced
27
short
-
term
plan
ceases
to
be
renewable
and
the
individual
policy
-
28
holder
reapplies
for
coverage
from
the
same
carrier;
and
29
(c)
(iii)
Conversion
of
enhanced
short
-
term
plans
into
fully
re
-
30
newable
coverage
upon
a
finding
by
the
director
that
the
conver
-
31
sion
complies
with
law
and
is
in
the
best
interests
of
the
public.
32
(3)
Enhanced
short
-
term
plans
shall
not
be
subject
to
the
rating
re
-
33
quirements
established
in
section
41
-
5206,
Idaho
Code.
34
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
35
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
36
July
1,
2026.
37