Section 18.07.01.025 - TRANSACTIONS SUBJECT TO PRIOR NOTICE - NOTICE FILING01.Form D. When an insurer notifies the Department of a proposed transaction under Section 41-3810, Idaho Code, the insurer will verify the information in Subsection 025.02 on Form D.02.Agreements. Terms for cost sharing services and management services will at a minimum: a. Identify the person providing services and the nature of such services;b. Set forth the methods to allocate costs;c. Prescribe timely settlement, at least on a quarterly basis, and compliance with the requirements in the Accounting Practices and Procedures Manual;d. Bar advancement of funds by the insurer to the affiliate except to pay for services specified in the agreement;e. State that the insurer will maintain oversight for functions provided to the insurer by the affiliate and that the insurer will monitor services annually for quality assurance;f. Define books and records of the insurer to include all books and records developed or maintained under or related to the agreement;g. Specify that all books and records of the insurer are and remain the property of the insurer and are subject to control of the insurer;h. State that all funds and invested assets of the insurer are the exclusive property of the insurer, held for the benefit of the insurer and are subject to the control of the insurer;i. Include standards for termination of the agreement with and without cause;j. Include provisions for indemnification of the insurer in the event of gross negligence or willful misconduct on the part of the affiliate providing the services;k. Specify that, if the insurer is placed in receivership or seized by the Director under Title 41, Chapter 33, Idaho Code: i. All of the rights of the insurer under the agreement extend to the Director; andii. All books and records will immediately be made available to the Director, and will be turned over to the Director immediately upon the Director's request;l. Specify that the affiliate has no automatic right to terminate the agreement if the insurer is placed in receivership pursuant to Title 41, Chapter 33, Idaho Code; andm. Specify that the affiliate will continue to maintain any systems, programs, or other infrastructure notwithstanding a seizure by the Director under Title 41, Chapter 33, Idaho Code, and will make them available to the Director, for so long as the affiliate continues to receive timely payment for services rendered.Idaho Admin. Code r. 18.07.01.025