CHAPTER 271

SB 391-FN – FINAL VERSION

02/23/06 1074s

19Apr2006… 1736h

05/24/06… 2373eba

2006 SESSION

06-3026

01/10

SENATE BILL 391-FN

AN ACT relative to insurance third party administrators.

SPONSORS: Sen. Flanders, Dist 7; Sen. D'Allesandro, Dist 20; Rep. McLeod, Graf 2

COMMITTEE: Banks and Insurance

ANALYSIS

This bill clarifies the procedures regarding third party administrators for the purposes of insurance.

This bill is a request of the insurance department.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/23/06 1074s

19Apr2006… 1736h

05/24/06… 2373eba

06-3026

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to insurance third party administrators.

Be it Enacted by the Senate and House of Representatives in General Court convened:

271:1 Third Party Administrators; Definitions. RSA 402-H:1 is repealed and reenacted to read as follows:

402-H:1 Definitions.

I. “Administrator” or “third party administrator” or “TPA” means a person who directly or indirectly underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, in connection with life, annuity, or health coverage or workers’ compensation insurance, other than persons subject to regulation under RSA 281-A:5-d offered or provided by an insurer or under a self-funded governmental plan that is exempt from the provisions of the Employee Retirement Income Security Act pursuant to 29 U.S.C. section 1003(b)(1), except any of the following:

(a) An employer, or a wholly owned direct or indirect subsidiary of an employer, on behalf of its employees or the employees of one or more subsidiaries or affiliated corporations of such employer.

(b) A union on behalf of its members.

(c) An insurer that is authorized to transact insurance in this state pursuant to RSA 401 or a subsidiary or affiliated corporation of such insurer if the insurer and the subsidiary or affiliated corporation have overlapping directorates.

(d) An insurance producer licensed to sell life, annuities, or health coverage or workers’ compensation insurance in this state, whose activities are limited exclusively to the sale of insurance.

(e) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors.

(f) A trust and its trustees, agents, and employees acting pursuant to such trust established in conformity with 29 U.S.C. section 186.

(g) A trust exempt from taxation under section 501(a) of the Internal Revenue Code, its trustees and employees acting pursuant to such trust, or a custodian and the custodian’s agents or employees acting pursuant to a custodian account which meets the requirements of section 401(f) of the Internal Revenue Code.

(h) A credit union or a financial institution that is subject to supervision or examination by federal or state banking authorities, or a mortgage lender, to the extent they collect and remit premiums to licensed insurance producers or to limited line producers or authorized insurers in connection with loan payments.

(i) A credit card issuing company that advances for and collects insurance premiums or charges from its credit card holders who have authorized collection.

(j) A person who adjusts or settles claims in the normal course of that person’s practice or employment as an attorney at law and who does not collect charges or premiums in connection with life, annuity, or health coverage or workers’ compensation insurance.

(k) An adjuster licensed by this state whose activities are limited to adjustment of claims.

(l) A person licensed as a managing general agent in this state, pursuant to RSA 402-E, whose activities are limited exclusively to the scope of activities conveyed under such license.

(m) An administrator who is affiliated with an insurer and who only performs the contractual duties, between the administrator and the insurer, of an administrator for the direct and assumed insurance business of the affiliated insurer. The insurer is responsible for the acts of the administrator and is responsible for providing all of the administrator’s books and records to the insurance commissioner, upon request from the insurance commissioner. For purposes of this subparagraph, “insurer” means a licensed insurance company, prepaid hospital or medical care plan, or a health maintenance organization.

II. “Affiliate” or “affiliated” means any entity or person who directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person.

III. “Commissioner” means the commissioner of insurance.

IV. “Control” means “control” as defined in RSA 401-B:1, III.

V. “GAAP” means United States generally accepted accounting principles consistently applied.

VI. “Insurance producer” means a person who sells, solicits, or negotiates a contract of insurance as those terms are defined in this chapter.

VII. “Insurer” means, for the purposes of this chapter only and except as provided in RSA 402-H:6, a person undertaking to provide life, annuity, or health coverage or workers’ compensation insurance or self-funded coverage under a multiple employer welfare arrangement or a church plan in this state. For the purposes of this chapter, “insurer” may include an employer, a licensed insurance company, a prepaid hospital or medical care plan, or a health maintenance organization.

VIII. “Negotiate” means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract; provided, that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.

IX. “Overlapping directorates” as applied to insurers and subsidiaries or affiliated corporations means that an insurer and a subsidiary or affiliated corporation of such insurer share a majority of their board of directors and officers.

X. “Person” means an individual or a business entity.

XI. “Sell” means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company.

XII. “Solicit” means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company.

XIII. “Underwrites” or “underwriting” means, but is not limited to, the acceptance of employer or individual applications for coverage of individuals in accordance with the written rules of the insurer or self-funded plan for the overall planning and coordinating of a benefits program.

271:2 Third Party Administrators; Written Agreement. Amend RSA 402-H:2, I and II to read as follows:

I. No administrator shall act as such without a written agreement between the administrator and the insurer[. Such] and the written agreement shall be retained as part of the official records of both the insurer and the administrator for the duration of the agreement and for 5 years thereafter. The agreement shall contain all provisions required by this chapter, except insofar as those requirements do not apply to the functions performed by the administrator.

II. The written agreement shall include a statement of duties [which] that the administrator is expected to perform on behalf of the insurer and the lines, classes or types of insurance which the administrator is to be authorized to administer. The agreement shall make provision with respect to underwriting or other standards pertaining to the business underwritten by [such] the insurer.

271:3 Third Party Administrators; Payment to Administrator. Amend RSA 402-H:4 to read as follows:

402-H:4 Maintenance of Information.

I. [Every] An administrator shall maintain and make available to the insurer complete books and records of all transactions performed on behalf of the insurer. The books and records shall be maintained in accordance with prudent standards of insurance recordkeeping and shall be maintained for a period of not less than 5 years from the date of their creation.

II. The commissioner shall have access to books and records maintained by an administrator for the purposes of examination, audit and inspection. Any [trade secrets contained in such books and records, including the identity and addresses of policyholders and certificate holders,] documents, materials or other information in the possession or control of the commissioner that are furnished by an administrator, insurer, insurance producer or an employee or agent thereof acting on behalf of the administrator, insurer or insurance producer, or obtained by the commissioner in an investigation shall be [kept] confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena and shall not be subject to discovery or admission in evidence in any private civil action. However, [except that] the commissioner may use such documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the commissioner’s official duties.

III. Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to paragraph II.

IV. In order to assist in the performance of his or her duties, the commissioner:

(a) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to paragraph II, with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners (NAIC), its affiliates or subsidiaries and with state, federal, and international law enforcement authorities, provided, that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information. Such parties shall agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this paragraph, unless the prior written consent of the company to which it pertains has been obtained;

(b) May receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC, its affiliates or subsidiaries, and from regulatory and law enforcement officials or other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and

(c) May enter into agreements governing sharing and use of information consistent with this paragraph.

V. No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in paragraph IV.

VI. Nothing in this chapter shall prohibit the commissioner from releasing final, adjudicated actions including for cause terminations that are open to public inspection, pursuant to RSA 91-A, to a database or other clearinghouse service maintained by the NAIC, its affiliates or subsidiaries.

[III.] VII. The insurer shall own the records generated by the administrator pertaining to the insurer; however, the administrator shall retain the right to continuing access to books and records to permit the administrator to fulfill all of its contractual obligations to insured parties, claimants, and the insurer.

[IV.] VIII. If the insurer and the administrator cancel their agreement, notwithstanding the provisions of RSA 402-H:4, I, the administrator may, by written agreement with the insurer, transfer all records to a new administrator rather than retain them for 5 years. In such cases, the new administrator shall acknowledge, in writing, that it is responsible for retaining the records of the prior administrator as required in RSA 402-H:4, I.

271:4 Third Party Administrators; Approval of Advertising. Amend RSA 402-H:5 to read as

follows:

402-H:5 Approval of Advertising. An administrator [shall] may use only [such] advertising pertaining to the business underwritten by an insurer [as] that has been approved in writing by the insurer in advance of its use.

271:5 Third Party Administrators; Responsibilities of the Insurer. Amend RSA 402-H:6 to read as follows:

402-H:6 Responsibilities of the Insurer.

I. If an insurer utilizes the services of an administrator, the insurer shall be responsible for determining the benefits, premium rates, underwriting criteria, and claims payment procedures applicable to [such] the coverage and for securing reinsurance, if any. The rules pertaining to these matters shall be provided, in writing, by the insurer to the administrator. The responsibilities of the administrator as to any of these matters shall be set forth in the written agreement between the administrator and the insurer.

II. It is the sole responsibility of the insurer to provide for competent administration of its programs.

III. In cases in which an administrator administers benefits for more than 100 certificate holders on behalf of an insurer, the insurer shall, at least semi-annually, conduct[, at least semiannually,] a review of the operations of the administrator. At least one such review shall be an on-site audit of the operations of the administrator.

IV. For purposes of this section, “insurer” means a licensed insurance company, prepaid hospital or medical care plan, or a health maintenance organization.

271:6 Third Party Administrators; Premium Collection and Payment of Claims. Amend RSA 402-H:7 to read as follows:

402-H:7 Premium Collection and Payment of Claims.

I. All insurance charges or premiums collected by an administrator on behalf of or for an insurer [or insurers], and the return of premiums received from the insurer [or insurers], shall be held by the administrator in a fiduciary capacity. [Such] The funds shall be immediately remitted to the person [or persons] entitled to them or shall be deposited promptly in a fiduciary account established and maintained by the administrator in a federally or state insured financial institution. The written agreement between the administrator and the insurer shall provide for the administrator to periodically render an accounting to the insurer detailing all transactions performed by the administrator pertaining to the business underwritten by the insurer.

II. If charges or premiums deposited in a fiduciary account have been collected on behalf of or for one or more insurers, the administrator shall keep records clearly recording the deposits in and withdrawals from the account on behalf of each insurer. The administrator shall keep copies of all the records and, upon request of an insurer, shall furnish the insurer with copies of the records pertaining to such deposits and withdrawals.

III. The administrator shall not pay any claim by withdrawals from a fiduciary account in which premiums or charges are deposited. Withdrawals from [such] the account shall be made as provided in the written agreement between the administrator and the insurer. The written agreement shall address, but not be limited to, the following:

(a) Remittance to an insurer entitled to remittance.

(b) Deposit in an account maintained in the name of the insurer.

(c) Transfer to and deposit in a claims-paying account, with claims to be paid as provided for in RSA 402-H:7, IV.

(d) Payment to a group policyholder for remittance to the insurer entitled to such remittance.

(e) Payment to the administrator of its commissions, fees or charges.

(f) Remittance of a return premium to the person or persons entitled to such return premium.

IV. All claims paid by the administrator from funds collected on behalf of or for an insurer shall be paid [either] only on drafts or checks of and as authorized by the insurer [or on drafts or checks of the administrator and authorized by the insurer as long as the draft or check clearly indicates that payment is on the behalf of the insurer].

[V. Any person who, in any manner or in any capacity other than purely clerical, handles, services, or adjusts claims for or on behalf of a third party administrator shall be licensed as required by RSA 402-B.]

271:7 Third Party Administrators; Compensation to the Administrator. Amend RSA 402-H:9, II to read as follows:

II. When an administrator collects funds, the reason for collection of each item shall be identified to the insured party[,] and each item shall be shown separately from any premium. Additional charges [shall] may not be made for services to the extent the services have been paid for by the insurer.

271:8 Third Party Administrator; Certificate of Authority. Amend RSA 402-H:11 to read as follows:

402-H:11 Certificate of Authority Required.

I. No person shall act as, or offer to act as, or hold himself or herself out to be an administrator in this state without a valid certificate of authority as an administrator issued by the commissioner.

II. Applicants to be an administrator shall make an application to the commissioner upon a form to be furnished by the commissioner and fee paid pursuant to RSA 400-A:29, I(a). The application shall include or be accompanied by the following information and documents:

(a) All basic organizational documents of the administrator, including any articles of incorporation, articles of association, partnership agreement, trade name certificate, trust agreement, shareholder agreement and other applicable documents and all amendments to such documents.

(b) The bylaws, rules, regulations or similar documents regulating the internal affairs of the administrator.

(c) [The names, addresses, official positions and professional qualifications of] NAIC biographical affidavit for the individuals who are responsible for the conduct of affairs of the administrator; including all members of the board of directors, board of trustees, executive committee or other governing board or committee; the principal officers in the case of a corporation or the partners or members in the case of a partnership [or], association or limited liability company; any [shareholders] shareholder or member holding directly or indirectly 10 percent or more of the voting stock, voting securities, or voting interest of the administrator; and any other [persons] person who exercise control or influence over the affairs of the administrator.

(1) Audited financial statements or reports for the 2 most recent fiscal years [which] that prove that the [applicant is solvent and such information as the commissioner may require in order to review the current financial condition of the applicant] administrator has a positive net worth. If the administrator has been in existence for less than 2 fiscal years, the application shall include financial statements or reports, certified by an officer of the administrator and prepared in accordance with GAAP, for any completed fiscal years, and for any month during the current fiscal year for which such financial statements or reports have been completed. An audited financial/annual report prepared on a consolidated basis shall include a columnar consolidating or combining worksheet that shall be filed with the report and include the following:

(A) Amounts shown on the consolidated audited financial report shall be shown on the worksheet.

(B) Amounts for each entity shall be stated separately.

(C) Explanations of consolidating and eliminating entries shall be included.

(2) The administrator shall also include such other information as the commissioner may require in order to review the current financial condition of the applicant.

(e) A statement describing the business plan, including information of staffing levels and activities proposed in this state and nationwide. The plan shall provide details setting forth the administrator’s capability for providing a sufficient number of experienced and qualified personnel in the areas of claims processing, recordkeeping and underwriting.

(f) [If the applicant will be managing the solicitation of new or renewal business, proof that it employs or has contracted with an agent licensed by this state for solicitation and taking of applications. Any applicant which] An administrator that intends to directly solicit insurance contracts or to otherwise act as an insurance [agent] producer shall provide proof that it has a license as [an insurance agent] a producer in this state.

(g) Such other pertinent information as may be required by the commissioner.

III. [The applicant] An administrator licensed or applying for licensure under this section shall make available for inspection by the commissioner copies of all contracts with insurers or other persons utilizing the services of the administrator.

IV. An administrator licensed or applying for licensure under this section shall produce its accounts, records, and files for examination, and make its officers available to give information with respect to its affairs, as often as reasonably required by the commissioner.

[IV.] V. The commissioner may refuse to issue a certificate of authority or license if the commissioner determines that the administrator, or any individual responsible for the conduct of affairs of the administrator [as defined in RSA 402-H:11, II(c)], is not competent, trustworthy, financially responsible or of good personal and business reputation, or has had an insurance or an administrator certificate of authority or license denied or revoked for cause by any [state] jurisdiction, or if the commissioner determines that any of the grounds set forth in RSA 402-H:14 exists with respect to the administrator.

[V.] VI. A certificate of authority issued under this section shall remain valid, unless surrendered, suspended or revoked by the commissioner until June 14 of each year. On June 14 of each year such [license] certificate of authority may be renewed upon the filing of a renewal application together with the renewal fee under RSA 400-A:29, and so long as the administrator [shall comply with the requirements of the law and the commissioner shall regard it as safe, reliable and entitled to confidence as determined by the commissioner] continues in business in this state and remains in compliance with this chapter.

[VI. An administrator is not required to hold a certificate of authority as an administrator in this state if all of the following conditions are met:

(a) The administrator has its principal place of business in another state.

(b) The administrator is not soliciting business as an administrator in this state.

(c) In the case of any group policy or plan of insurance serviced by the administrator, the lesser of 5 percent or 100 certificate holders reside in this state.

VII. A person is not required to hold a certificate of authority as an administrator in this state if the person exclusively provides services to one or more bona fide employee benefit plans, each of which is established by an employer or an employee organization, or both, and for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974. Such persons shall register with the commissioner annually, verifying their status as herein described in this paragraph.]

[VIII.] VII. An administrator licensed or applying for licensure under this section shall immediately notify the commissioner of any material change in its ownership, control, or other fact or circumstance affecting its qualification for a certificate of authority or license in this state. The commissioner shall record any such changes in the department’s records.

[IX. No bonding shall be required by the commissioner of any administrator whose business is restricted solely to benefit plans which are either fully insured by an authorized insurer or which are bona fide employee benefit plans established by an employer or any employee organization, or both, for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974.]

VIII. An administrator licensed or applying for a certificate of authority that administers or will administer benefit plans that are fully insured by an insurer that is not licensed in this state, multiple employer welfare arrangements, or church self-insured plans shall maintain a surety bond for the use and benefit of the commissioner that covers individuals and persons in New Hampshire who have remitted premiums or insurance charges or other moneys to the administrator in the course of the administrator’s business in the greater of $100,000 or 10 percent of the administrator’s average daily client account balance during the preceding calendar year. However, in no event shall the bond be more than $1,000,000. If an administrator cannot obtain a bond, then another security, including, but not limited to, cash or negotiable securities in an amount equal to the amount of the required surety bond shall be set aside in one or more trusteed bank accounts in the state of New Hampshire under trust terms that require the commissioner’s signature for any account activity, except the accumulation of interest or other funds into the account, and that allows the commissioner, by order, to disburse the trust funds for the satisfaction of policyholder or customer claims.

271:9 New Sections; Third Party Administrators; Registration Requirement; Exemption. Amend RSA 402-H by inserting after section 11 the following new sections:

402-H:11-a Registration Requirement A person who directly or indirectly underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, and who is not otherwise required to obtain a certificate of authority or license in connection with life, annuity, or health coverage provided by a self-funded plan shall register with the commissioner by March 1 of each year, verifying its status as herein described. The registration requirement shall not apply to those persons or entities that are specifically exempted by RSA 402-H:1, I. Registrants under this section shall not be required to hold a certificate of authority as an administrator in this state or to meet the other requirements of this chapter.

402-H:11-b Exemption. An association administering a pooled risk management program operated pursuant to RSA 5-B or conducting business that is exempt from taxation under the Internal Revenue Code, section 115 shall not be required to obtain a certificate of authority or to meet the other requirements of this chapter for services provided in connection with the administration of its pooled risk management plans or its section 115 business, but shall be required to register with the commissioner pursuant to RSA 402-H:11-a. Pooled risk management program registration may be accomplished by providing the commissioner a copy of the informational filing required to be filed with the department of state pursuant to RSA 5-B:4.

271:10 Third Party Administrators; Annual Report and Filing Fee. Amend RSA 402-H:12 to read as follows:

402-H:12 Annual Report and Filing Fee.

I.(a) Each licensed administrator shall file an annual report for the preceding calendar year with the commissioner on or before [March 1] June 1 of each year, or within such extension of time as the commissioner for good cause may grant. The annual report shall include an audited financial statement performed by an independent certified public accountant. An audited financial/annual report prepared on a consolidated basis shall include a columnar consolidating or combining worksheet that shall be filed with the report and include the following:

(1) Amounts shown on the consolidated audited financial report shall be shown on the worksheet;

(2) Amounts for each entity shall be stated separately; and

(3) Explanations of consolidating and eliminating entries shall be included.

(b) The report shall be in the form and contain such matters as the commissioner prescribes and shall be verified by at least 2 officers of the administrator.

II. The annual report shall include the complete names and addresses of all insurers with which the administrator had [an agreement] agreements during the preceding fiscal year.

III. At the time of filing its annual report, the administrator shall pay a filing fee pursuant to RSA 400-A:29, III.

271:11 Third Party Administrators; Examinations and Audits. Amend RSA 402-H:13 to read as follows:

402-H:13 Examination and Audits. The acts of the administrator are considered to be the acts of the insurer on whose behalf it is acting. An administrator may be examined as if it were the insurer. The commissioner may designate examiners or consultants, as appropriate, to perform an audit of an administrator when the commissioner considers an audit necessary. The audit shall be conducted at the expense of the administrator. Administrators shall make all records and books of account available to the examiners or consultants, and shall otherwise facilitate the performance of the audit. All claims information respecting the identities of individual claimants shall be kept confidential.

271:12 Third Party Administrators; Certificate of Authority. Amend RSA 402-H:14 to read as follows:

402-H:14 Grounds for Denial, Suspension, or Revocation of Certificate of Authority.

I. The certificate of authority or license of an administrator shall be denied, suspended, or revoked if the commissioner finds that the administrator:

(a) Is in an unsound financial condition.

(b) Is using such methods or practices in the conduct of its business so as to render its further transaction of business in this state hazardous or injurious to insured persons or the public.

(c) Has failed to pay any judgment rendered against it in this state within 60 days after the judgment has become final.

II. The commissioner may deny, suspend, or revoke the certificate of authority or license of an administrator if the commissioner finds that the administrator:

(a) Has violated any lawful rule or order of the commissioner or any provision of the insurance laws of this state.

(b) Has refused to be examined or to produce its accounts, records and files for examination, or if any [of its officers] individual responsible for the conduct of affairs of the administrator, including members of the board of directors, board of trustees, executive committee, or other governing board or committee; the principal officers in the case of a corporation or the partners or members in the case of a partnership, association, or limited liability company; any shareholder or member holding directly or indirectly 10 percent of more of the voting stock, voting securities, or voting interest of the administrator; and any other person who exercises control or influence over the affairs of the administrator; has refused to give information with respect to its affairs or has refused to perform any other legal obligation as to such examination, when required by the commissioner.

(c) Has, without just cause, refused to pay proper claims or perform services arising under its contracts or has, without just cause, caused covered individuals to accept less than the amount due them or caused covered individuals to employ attorneys or bring suit against the administrator to secure full payment or settlement of such claims.

[(d) Is affiliated with or under the same general management or interlocking directorate or ownership as another administrator or insurer which unlawfully transacts business in this state without having a certificate of authority.]

[(e)] (d) At any time fails to meet any qualification for which issuance of the certificate could have been refused had such failure then existed and been known to the [department] commissioner.

[(f)] (e) Or any of the individuals responsible for the conduct of its affairs, including members of the board of directors, board of trustees, executive committee, or other governing board or committee; the principal officers in the case of a corporation or the partners or members in the case of a partnership, association, or limited liability company; any shareholder or member holding directly or indirectly 10 percent or more of its voting stock, voting securities, or voting interest; and any other person who exercises control or influence over its affairs; has been convicted of, or has entered a plea of guilty or nolo contendere to, a felony without regard to whether adjudication was withheld.

[(g)] (f) Is under suspension or revocation in another state.

(g) Has failed to timely file its annual report.

III. The commissioner may, without advance notice or hearing, [may] immediately suspend the certificate of [any] authority or license of an administrator if the commissioner finds that one or more of the following circumstances exist:

(a) The administrator is insolvent or impaired.

(b) A proceeding for receivership, conservatorship, rehabilitation, or other delinquency proceeding regarding the administrator has been commenced in any state.

(c) The financial condition or business practices of the administrator otherwise pose an imminent threat to the public health, safety or welfare of the residents of this state.

IV. If the commissioner finds that one or more grounds exist for the suspension or revocation of a certificate of authority issued under this section, the commissioner may, in lieu of suspension or revocation, impose a fine upon the administrator.

271:13 Health Coverage; Third Party Administrators. Amend the introductory paragraph of RSA 420-G:11, II(a) to read as follows:

II.(a) All health carriers, licensed third party administrators, and any entity required to be registered with the commissioner pursuant to RSA 402-H, shall electronically provide:

271:14 Repeal. RSA 402-H:17, relative to other applicable provisions, is repealed.

271:15 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 9, 2006

Effective: August 8, 2006