HB 440-FN – AS INTRODUCED
2011 SESSION
01/04
HOUSE BILL 440-FN
AN ACT requiring that New Hampshire join the lawsuit challenging federal health care reform legislation, and repealing the authority for state implementation of federal health care reform.
SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Parsons, Straf 3
COMMITTEE: State-Federal Relations and Veterans Affairs
This bill requires that New Hampshire join the lawsuit challenging federal health care reform legislation and repeals the authority for state implementation of federal health care reform.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0072
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT requiring that New Hampshire join the lawsuit challenging federal health care reform legislation, and repealing the authority for state implementation of federal health care reform.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Lawsuit Challenging the Federal Patient Protection and Affordable Care Act. The attorney general shall, as soon as practicable, join the lawsuit (State of Florida et al. v. United States Department of Health and Human Services et al.) challenging the constitutionality of the Patient Protection and Affordable Care Act.
2 Individual Health Insurance; Definition Deleted. Amend RSA 404-G:2, X-a to read as follows:
X-a. “Plan of operation” means the plan of operation of the risk sharing mechanism[,] and the high risk pool[, and the federally qualified high risk pool], including articles, bylaws and operating rules, procedures and policies adopted by the association.
3 Accident and Health Insurance; Dependent Coverage. Amend RSA 415:5, I(3)(a) to read as follows:
(3)(a) It purports to insure only one person, except that a policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children, or any other person dependent on the policyholder. In the event a carrier elects to provide coverage for dependent children, the term “dependent child” shall include a subscriber’s child by blood or by law, who is [under age 26] unmarried and one of the following:
(1) Under age 19.
(2) Under age 25 if the child is a full-time enrolled student at an educational institution.
(3) Under age 26, a resident of New Hampshire, and is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. section 1395 et seq.
4 Health Service Corporations; Dependent Coverage. Amend RSA 420-A:10-a, I to read as follows:
I. A policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children, or any other person dependent upon the policyholder. In the event a carrier elects to provide coverage for dependent children, the term “dependent child” shall include a subscriber’s child by blood or by law, who is [under age 26] unmarried and one of the following:
(a) Under age 19.
(b) Under age 25 if the child is a full-time enrolled student at an educational institution.
(c) Under age 26, a resident of New Hampshire, and is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. section 1395 et seq.
5 Health Maintenance Organizations; Dependent Coverage. Amend RSA 420-B:8-aa, I to read as follows:
I. A policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children, or any other person dependent upon the policyholder. In the event a carrier elects to provide coverage for dependent children, the term “dependent child” shall include a subscriber’s child by blood or by law, who is [under age 26] unmarried and one of the following:
(a) Under age 19.
(b) Under age 25 if the child is a full-time enrolled student at an educational institution.
(c) Under age 26, a resident of New Hampshire, and is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. section 1395 et seq.
6 Preferred Provider Agreements; Dependent Coverage. Amend RSA 420-C:4-a, I to read as follows:
420-C:4-a Dependent Coverage.
I. A policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children, or any other person dependent upon the policyholder. In the event a carrier elects to provide coverage for dependent children, the term “dependent child” shall include a subscriber’s child by blood or by law, who is [under age 26] unmarried and one of the following:
(a) Under age 19.
(b) Under age 25 if the child is a full-time enrolled student at an educational institution.
(c) Under age 26, a resident of New Hampshire, and is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. section 1395 et seq.
7 Delta Dental; Dependent Coverage. Amend RSA 420-F:5-a, I to read as follows:
I. A policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children, or any other person dependent upon the policyholder. In the event a carrier elects to provide coverage for dependent children, the term “dependent child” shall include a subscriber’s child by blood or by law, who is [under age 26] unmarried and one of the following:
(a) Under age 19.
(b) Under age 25 if the child is a full-time enrolled student at an educational institution.
(c) Under age 26, a resident of New Hampshire, and is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. section 1395 et seq.
8 Managed Care; Dependent Care. Amend RSA 420-J:8-d, I to read as follows:
I. A policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children, or any other person dependent upon the policyholder. In the event a carrier elects to provide coverage for dependent children, the term “dependent child” shall include a subscriber’s child by blood or by law, who is [under age 26] unmarried and one of the following:
(a) Under age 19.
(b) Under age 25 if the child is a full-time enrolled student at an educational institution.
(c) Under age 26, a resident of New Hampshire, and is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. section 1395 et seq.
9 Health Reform Coordinator. Amend RSA 400-A:6, VII to read as follows:
VII. The commissioner shall appoint, as the commissioner’s assistants, a health care policy analyst, a health care statistician, a general counsel, an insurance fraud attorney, a senior insurance fraud investigator, an assistant property and casualty actuary, and a compliance and enforcement counsel, [and a health reform coordinator,] each of whom shall serve at the pleasure of the commissioner during good behavior. The health care policy analyst, health care statistician, general counsel, insurance fraud attorney, senior insurance fraud investigator, assistant property and casualty actuary, and compliance and enforcement counsel[, and health reform coordinator,] shall perform such duties and exercise such powers as the commissioner may authorize.
10 Repeal. The following are repealed:
I. RSA 420-L, relative to federal health care reform 2010.
II. RSA 404-G:1, III, relative to authorizing the establishment of a federally qualified high risk pool.
III. RSA 404-G:2, I-a, relative to the definition of the “Act.”
IV. RSA 404-G:3, II(i), relative to a power of the association.
V. RSA 404-G:5-c, IX, relative to the administrator of the federally qualified high risk pool.
VI. RSA 404-G:5-g, relative to a federally qualified high risk pool.
11 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0072
Revised 01/26/11
HB 440 FISCAL NOTE
AN ACT requiring that New Hampshire join the lawsuit challenging federal health care reform legislation, and repealing the authority for state implementation of federal health care reform.
FISCAL IMPACT:
The Insurance Department and Department of Justice state this bill will increase state general fund expenditures by an indeterminable amount, reduce state restricted revenues by $120,000 and reduce state restricted expenditures by approximately $18,120,000 in FY 2012 and each year thereafter. There will be no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
The Insurance Department and Department of Justice state this bill requires that New Hampshire join the lawsuit challenging federal health care reform legislation and repeals the authority for state implementation of federal health care reform. The Department of Justice states this bill will result in Department expenses to participate in telephone conferences, research, drafting of pleadings and briefs, and possibly out-of-state travel. Because it is not clear whether the case will be appealed to federal circuit court or the United States Supreme Court, the Department is unable to estimate the fiscal impact at this time.
The Insurance Department states this bill eliminates the position of health reform coordinator and so will reduce restricted revenues and expenditures from the Department’s assessment fees by approximately $120,000 in FY 2012 and each year thereafter. This bill also eliminates the federally qualified high risk pool which currently insures approximately 80 people. The Department estimates the elimination of this pool will reduce federal expenditures by approximately $18,000,000 from FY 2012 through FY 2014. Additionally, the Department states this bill would shift administrative responsibilities for federal health care reform to the federal government, which may reduce state restricted revenues and expenditures from the Department’s assessment on insurance companies and increase federal expenditures, but the Department is unable to calculate the exact fiscal impact at this time.