Section 41-6104 - ESTABLISHMENT OF THE EXCHANGE AND THE BOARD(1) There is hereby created an independent body corporate and politic to be known as the "Idaho Health Insurance Exchange." Said exchange may exercise the authority and powers conferred by this chapter and such exercise shall be deemed and held to be the performance of an essential public function.(2) The exchange created by this chapter is not a state agency, shall not be subject to the purchasing statutes and rules of the state of Idaho or subdivisions of the state including, but not limited to, chapters 28 and 57, title 67, Idaho Code, and shall operate subject to the supervision and control of its board.(3) The board shall consist of nineteen (19) total members, with seventeen (17) voting members. Subject to the provisions of this section, members of the board shall collectively offer expertise, knowledge and experience in health benefits administration, health care finance, health plan purchasing, health care delivery system administration, public health and health policy issues related to small employer and individual markets and the uninsured. A majority of the board shall not collectively represent health carriers and producers. The fourteen (14) voting members who are not members of the legislature shall be appointed to the board by, and serve at the pleasure of, the governor. The members appointed to the board by the governor shall be subject to confirmation by the senate, provided that, upon appointment, board members shall have full authority to exercise all the rights and duties and participate in all decisions required of the position. The seventeen (17) voting members of the board shall be appointed as follows: (a) Three (3) members representing different health carriers appointed by the governor;(b) Two (2) members representing producers appointed by the governor;(c) Three (3) members representing individual consumer interests appointed by the governor;(d) Four (4) members representing small employer business interests appointed by the governor with, at the time of appointment:(i) One (1) member representing small employer business interests employing between one (1) and ten (10) employees; (ii) One (1) member representing small employer business interests employing between eleven (11) and twenty-five (25) employees;(iii) One (1) member representing small employer business interests employing twenty-six (26) or more employees; and(iv) One (1) at-large member;(e) Two (2) members representing health care providers appointed by the governor;(f) One (1) member of the house of representatives appointed by the speaker of the house;(g) One (1) member of the senate appointed by the president pro tempore; and(h) One (1) member of the legislature representing the minority party in the legislature appointed by minority leadership. The director or his designee and the director of the state department of health and welfare or his designee shall each serve as ex officio nonvoting members of the board.
(4) The fourteen (14) board members appointed by the governor shall each serve a term of four (4) years or until a successor is appointed. A board member may be appointed by the governor to serve subsequent terms. A vacancy in a member's position on the board shall be filled in the same manner as the original appointment.(5) Whenever a member of the board has a conflict of interest on a matter that is before the board, the member shall fully disclose it to the board, abstain from any vote on the matter and shall also comply with any additional requirements established pursuant to the plan of operation under section 41-6105, Idaho Code.(6) Neither members of the board nor any other person working or performing services for the exchange shall be: (a) Considered public officials, employees or agents of the state of Idaho by virtue of their service on the board or performance of services for the exchange; or(b) Eligible for or entitled to benefits from the public employee retirement system of Idaho.(7) Nothing in this chapter shall prevent a member of the board who is otherwise a current or former state employee from receiving his usual state compensation and benefits while serving on the board.(8) All meetings of the board shall be held in accordance with the open meetings law as provided for in chapter 2, title 74, Idaho Code, shall be held in an open public forum, and every reasonable effort shall be made to make such meetings televised or streamed in video and audio format.(9) The board shall contract for an annual audit of the exchange by an independent third party and shall accept requests for proposal to bid on such contract.(10) The board shall develop, adopt and implement procurement policies and guidelines.(11) Premium rates charged by a health carrier for a health benefit plan or stand-alone dental plan offered in the exchange shall be based upon Idaho rating areas established by the director consistent with 42 U.S.C. section 300gg, et seq.[41-6104, added 2013, ch. 170, sec. 1, p. 391; am. 2017, ch. 58, sec. 28, p. 122.]Amended by 2017 Session Laws, ch. 58,sec. 28, eff. 7/1/2017.Added by 2013 Session Laws, ch. 170,sec. 1, eff. 3/28/2013, unless the Federal Department of Health and Human Services and/or the U.S. Congress change both the establishment date and the eligibility limitation date for the exchange.