CHAPTER 189

HB 175 – FINAL VERSION

15Mar2011… 0742h

04/27/11 1492s

1June2011… 2286EBA

2011 SESSION

11-0696

01/04

HOUSE BILL 175

AN ACT relative to technical changes in life, accident, and health insurance.

SPONSORS: Rep. Headd, Rock 3

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill makes certain technical changes to insurance law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0742h

04/27/11 1492s

1June2011… 2286EBA

11-0696

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to technical changes in life, accident, and health insurance.

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

189:1 Insurance Companies and Agents; Claim Forms and Applications. Amend RSA 402:82, II to read as follows:

II. No insurance company or producer shall accept an application for workers’ compensation [or], property or casualty insurance, or life, accident and health insurance unless the application includes:

(a) A written or electronic signature of the producer, unless the transaction does not involve a producer; and

(b) A written or electronic signature of the applicant. In the case of group life, accident, or health insurance, the certificate holder insured under the group health policy is not the applicant.

189:2 Individual Health Insurance Market; Eligibility. Amend RSA 404-G:5-e, V(b) to read as follows:

(b) The individual is eligible for publicly funded health insurance coverage, including Medicare[,] or Medicaid [or Title XXI]; or

189:3 New Section; Life Insurance; Disapproval of Forms; Individual Policies. Amend RSA 408 by inserting after section 2-b the following new section:

408:2-c Disapproval of Forms; Individual Policies.

I. The commissioner may, within 30 days after the filing of any such form, disapprove such form:

(a) If it contains a provision which is unjust, unfair, inequitable, misleading, deceptive, or encourages misrepresentation of such policy; or

(b) If it does not comply with the requirements of Title XXXVII.

II. If the commissioner notifies the insurer which has filed any such form that it does not comply with the provisions of this chapter, it shall be unlawful thereafter for the insurer to issue the form or use it in connection with any policy. In the notice, the commissioner shall specify the reasons for his or her disapproval and state that a hearing shall be granted within 20 days after request in writing by the insurer.

189:4 Life Insurance; Expiration of Registration. Amend RSA 408:47 to read as follows:

408:47 Expiration of Registration. All registrations of life insurance corporations authorized to issue variable contracts or agents shall expire annually on [the last day of the month of February] June 14.

189:5 Accident and Health Insurance; Reference Change. Amend RSA 415:18, VII-a(e) to read as follows:

(e) After the 6-month period, the employee shall have the right to continue the benefits being continued under this paragraph for an additional 12 months as if the employee originally had elected the extension period provided by RSA 415:18, [VII(g)(1)] XVI and subject to the same conditions. At the end of the additional 12 months, the employee shall have the right, if the group insurance coverage is no longer available, to obtain coverage from the high risk pool.

189:6 New Paragraph; Insurance Standards; Preexisting Conditions. Amend RSA 415-A:5 by inserting after paragraph II the following new paragraph:

III. For policies that meet the definition of health coverage under RSA 420-G:2, IX, an insurer may impose a preexisting condition exclusion period, but only if it is at least as favorable to covered persons as the following:

(a) No preexisting condition exclusion period shall extend beyond a period of 9 consecutive months after the date of enrollment of the person’s health coverage; and

(b) Such preexisting condition exclusion period shall only apply to a condition, whether physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care or treatment was recommended or received during the 3 months immediately preceding the enrollment date of health coverage.

189:7 New Paragraph; Health Coverage; Medical Underwriting. Amend RSA 420-G:5 by inserting after paragraph VII the following new paragraph:

VIII. Health carriers shall provide coverage for medically necessary dental services resulting from an accidental injury to sound natural teeth and gums when the course of treatment for the accidental injury is received or authorized within 3 months of the date of the injury. Treatment made necessary due to injury to the jaw and oral structures other than teeth shall be covered without time limit. Coverage hereunder shall be subject to such other terms and conditions of the policy that may apply.

189:8 Health Services Corporations; Reference Additions. Amend RSA 420-A:2 to read as follows:

420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:6-m, RSA 415:6-o, RSA 415:18, V, RSA 415:18, VII(g), RSA 415:18, XVI and XVII, RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:18-o, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.

189:9 Health Maintenance Organizations; Reference Additions. Amend RSA 420-B:20, III to read as follows:

III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:6-m, RSA 415:6-o, RSA 415:18, VII(g), RSA 415:18, VII-a, RSA 415:18, XVI and XVII, RSA 415:18-j, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.

189:10 Health Services Corporations; Reference Additions; Contingent Version. RSA 420-A:2 is repealed and reenacted to read as follows:

420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:6-m, RSA 415:6-o, RSA 415:18, V, RSA 415:18, VII(g), RSA 415:18, XVI and XVII, RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:18-o, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.

189:11 Health Maintenance Organizations; Reference Additions; Contingent Version. RSA 420-B:20, III is repealed and reenacted to read as follows:

III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:6-m, RSA 415:6-o, RSA 415:18, VII(g), RSA 415:18, VII-a, RSA 415:18, XVI and XVII, RSA 415:18-j, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.

189:12 Contingency. If HB 31 of the 2011 legislative session becomes law, sections 10 and 11 of this act shall take effect January 1, 2012 at 12:01 a.m. If HB 31 of the 2011 legislative session does not become law, sections 10 and 11 of this act shall not take effect.

189:13 Effective Date.

I. Section 8 and 9 of this act shall take effect upon its passage.

II. Sections 10 and 11 of this act shall take effect as provided in section 12 of this act.

III. The remainder of this act shall take effect 60 days after its passage.

Approved: June 14, 2011

Effective Date: I. Sections 8 and 9 shall take effect June 14, 2011.

II. Sections 10 and 11 shall take effect as provided in section 12.

III. Remainder shall take effect August 13, 2011.