Idaho Code 41-6005 – Power and Liability of the Board
Current as of: 2023 | Check for updates
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(1) The board shall have the power to:
(a) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this chapter, including contracts for administrative services;
(b) Determine the method of assessment and assess carriers in accordance with the provisions of section 41-6006, Idaho Code;
(c) Require carriers to provide to the board such statements and reports the board deems necessary to fulfill its duties under this chapter;
(d) Establish policies and procedures as may be necessary or convenient for the implementation of this chapter and the operation of the assessments authorized by this chapter; and
(e) Consult with the Idaho department of health and welfare and other experts as the board may deem appropriate as necessary or proper to carry out the provisions and purposes of this chapter.
(2) Neither the board nor its members shall be liable for any obligations of the vaccine assessments. No member or employee of the board shall be liable, and no cause of action of any nature may arise against them, for any act or omission related to the performance of their powers and duties under this chapter, unless such act or omission constitutes willful or wanton misconduct. Participation by a carrier in the assessments authorized by this chapter or on the board under the provisions of this chapter shall not be grounds for any legal action, criminal or civil liability, or penalty against the fund or any of its carriers or board members, either jointly or separately.
Terms Used In Idaho Code 41-6005
- Board: means the Idaho immunization assessment board created by section 41-6003, Idaho Code. See Idaho Code 41-6002
- carrier: includes an insurance company, a hospital or professional service corporation, a fraternal benefit society, a managed care organization, entities that provide excess or stop-loss insurance, and persons or entities required to be registered with the director under chapter 9, title 41, Idaho Code. See Idaho Code 41-6002
- Fund: means the Idaho immunization dedicated vaccine fund created in section 41-6007, Idaho Code. See Idaho Code 41-6002
- Vaccine: means any preparations of killed microorganisms, living attenuated organisms or living fully virulent organisms that are approved by the federal food and drug administration and recommended by the federal advisory committee on immunization practices of the centers for disease control and prevention. See Idaho Code 41-6002