Skip to Main Content


September 16, 2019
Federation of Regulatory Counsel (FORC) Alert Edition

Idaho's Code of Administrative Rules: Department of Insurance Updates

Republished with permission, originally appeared in the September 2019 issue of FORC (Federation of Regulatory Counsel) Alert

The 2019 Idaho legislature failed to reauthorize the state’s code of administrative rules, which caused all state administrative rules to expire. At Governor Brad Little’s direction, the state agencies used the expiration of their rules to eliminate unneeded or redundant regulation and to update out-of-date rules. The revised rules took effect on July 1, 2019, as temporary rules that will remain in effect through at least the 2020 legislative session. There are several changes made to the rules of the Idaho Department of Insurance, which are outlined below. While the State Fire Marshall is also housed in the Department of Insurance, this summary excludes changes to rules related to the fire code.

  1. Most rules were reauthorized in their entirety with minimal changes. The Department, however, did take the opportunity to reorganize and renumber its rules. The full list of currently in force rules is available at
  2. The following rules were allowed to completely expire. The expiration of these rules generally clarifies, but does not change, the legal requirements for insurers operating in Idaho. For the most part, these expiring rules were generally superseded by later legislation or were duplicative of other rules. 
    1. 18.01.03, Military Sales Practices Rule
    2. 18.01.07, Maternity Benefits Under Hospital, Surgical, and Medical Contracts in Idaho
    3. 18.01.14, Proxies, Consents, and Authorizations of Domestic Stock Insurers
    4. 18.01.15, Fingerprinting of Producer License Applicants
    5. 18.01.17, Surplus Lines -- Delegation of Responsibility
    6. 18.01.18, Open Lines for Export -- Surplus Lines
    7. 18.01.33, Domestic Insurer Purchasing and Selling of Exchange-Traded Call and Put Options
    8. 18.01.39, Rebates and Illegal Inducements in Title Insurance Business
    9. 18.01.45, Domestic Insurers Regarding Financial Futures Contracts
    10. 18.01.51, Unfair Discrimination on the Basis of Blindness or Partial Blindness
    11. 18.01.57, Permitting Smoker/NonSmoker Mortality Tables For Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits
    12. 18.01.58, Permitting Same Minimum Nonforfeiture Standards for Men and Women Insured Under 1980 CSO and 1980 CET Mortality Tables
    13. 18.01.59, Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits
    14. 18.01.71, Rule to Implement Uniform Health Claim Form Act
    15. 18.01.79, Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities
    16. 18.01.80, Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values
  3. The following subparts of certain rules were allowed to expire, but the balance of the rule remains in effect. As with the rules allowed to expire in full, the expiration of selected sections of these rules will clarify and streamline compliance for insurers, but generally not change the substantive law.
    1., Health Carrier External Review. Sections 23.03, 23.04, and 30. Appendices C-1 and C-2.
    2. 18.01.13, Life Settlements. Appendices A-1, A-2, A-3, A-4, B, C, and D.
    3. 18.01.16, Variable Contracts. Sections 17 and 18.
    4. 18.01.44, Schedule of Fees, Licenses, and Miscellaneous Charges. Sections 40.04 and 40.08.

Gabriel Hamilton advises clients of all sizes on general corporate, transactional, and regulatory matters, with an emphasis on clients in the healthcare and insurance industries. He is a member of the Federation of Regulatory Counsel (FORC), the only national association of attorneys who devote at least 50% of their practice to insurance regulatory matters. 

This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.


Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.