41-4008. TRUST FUND LIABILITY — FIDUCIARY FUNDS. (1) The trust fund of a self-funded plan shall be legally liable for payment of all applicable benefits stated in the schedule of benefits for such plan in effect at the time a claim thereunder arises.
(2) Funds in the trust fund are fiduciary funds, and are not liable to any obligation of any plan sponsor, including any employer participant or postsecondary educational institution, nor are fiduciary funds held in the trust subject to garnishment or levy. The prohibition on garnishment or levy shall not be deemed to prohibit levy upon the trust fund by any provider thereof (or its assignee) for health care services rendered to a beneficiary.
(3) All funds and moneys received by the self-funded plan and all funds billed and paid as contributions to the trust fund shall be timely deposited in the trust account and shall be held in no other name than the name of the self-funded plan.
History:
[41-4008, added 1974, ch. 248, sec. 8, p. 1624; am. 2013, ch. 181, sec. 8, p. 426.]
Structure Idaho Code
Chapter 40 - SELF-FUNDED HEALTH CARE PLANS
Section 41-4001 - DECLARATION OF PURPOSE.
Section 41-4002 - DEFINITIONS.
Section 41-4003 - REGISTRATION REQUIRED — EXEMPTIONS — NOT SUBJECT TO INSURANCE CODE.
Section 41-4004 - PLAN REQUIREMENTS.
Section 41-4005 - APPLICATION FOR REGISTRATION — FEE.
Section 41-4006 - GRANT OR DENIAL OF REGISTRATION.
Section 41-4007 - TRUST FUND — AUTHORITY.
Section 41-4008 - TRUST FUND LIABILITY — FIDUCIARY FUNDS.
Section 41-4009 - INVESTMENT OF TRUST FUND.
Section 41-4010 - RESERVES AND SURPLUS.
Section 41-4011 - RECORDS AND ACCOUNTS — ANNUAL STATEMENT.
Section 41-4013 - EXAMINATION OF BOOKS, RECORDS AND ACCOUNTS.
Section 41-4014 - TRUSTEES — ADMINISTRATORS — BONDING.
Section 41-4015 - PROHIBITED PECUNIARY INTERESTS IN PLAN MANAGEMENT.
Section 41-4016 - POLITICAL CONTRIBUTIONS PROHIBITED.
Section 41-4017 - RECOVERY OF DEPLETED FUNDS.
Section 41-4018 - TERMINATION OF REGISTRATION.
Section 41-4019 - LIQUIDATION OF TRUST FUND.
Section 41-4021 - OTHER PROVISIONS APPLICABLE.
Section 41-4023 - COVERAGE FROM MOMENT OF BIRTH — COMPLICATIONS OF PREGNANCY.
Section 41-4024 - SERVICES PROVIDED BY GOVERNMENTAL ENTITIES.