CHAPTER 93

HB 1622 – FINAL VERSION

2012 SESSION

12-2527

01/10

HOUSE BILL 1622

AN ACT relative to the adoption of forms under the administrative procedures act by the department of insurance.

SPONSORS: Rep. C. McGuire, Merr 8; Sen. Merrill, Dist 21

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill exempts forms adopted by the insurance commissioner from rulemaking requirements pursuant to RSA 541-A.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2527

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the adoption of forms under the administrative procedures act by the department of insurance.

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

93:1 New Section; Exemption From Rulemaking Requirement. Amend RSA 400-A by inserting after section 15-c the following new section:

400-A:15-d Exemption From Rulemaking Requirement; Forms. In adopting forms under RSA 541-A, the commissioner shall be exempt from the requirements of RSA 541-A:7 and RSA 541-A:8.

93:2 Exceptions From Rulemaking Requirements. Amend RSA 541-A:21, VI to read as follows:

VI.(a) Rules adopted under title XXXVII, relative to insurance regulation, shall be exempt from RSA 541-A:7 and RSA 541-A:8 and shall permit the use of terminology allowing for discretionary authority by the commissioner when:

[(a)] (1) The wording is consistent with the language of corresponding National Association of Insurance Commissioners guidelines or models.

[(b)] (2) The rule relates to technical instructions concerning the implementation of electronic or computerized programs or systems.

[(c)] (3) The rule implements a federal benefit or program that requires the adoption of uniform language.

(b) As specified in RSA 400-A:15-d, forms adopted by the commissioner shall be exempt from RSA 541-A:7 and RSA 541-A:8.

93:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 29, 2012

Effective Date: July 28, 2012