TITLE XXXVII
INSURANCE
Chapter 400-A
INSURANCE DEPARTMENT
Section 400-A:1
400-A:1 Department Continued. –
There is continued the department of state government known as the insurance department, which shall be an independent regulatory agency.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:2
400-A:2 Construction. –
This title shall be liberally construed.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:3
400-A:3 Insurance Commissioner; Appointment; Term. –
The head of the department shall be the insurance commissioner who is charged with the rights, powers, and duties pertaining to the enforcement and execution of the insurance laws of this state. The commissioner shall have all powers specifically granted to him or her or reasonably implied in order to enable him or her to perform the duties imposed by this title. The commissioner shall have such additional rights, powers, and duties as may be provided by other laws. The commissioner shall be appointed by the governor with advice and consent of the council. The commissioner shall hold office for 5 years. Vacancies in the office of the insurance commissioner shall be filled for the unexpired term of such office. The commissioner may be removed only as provided by RSA 4:1.
Source. 1971, 244:1. 2007, 156:14, eff. Aug. 17, 2007.
Section 400-A:4
400-A:4 Seal. –
The office shall have a seal which shall be like the seal of state, except the words, "Insurance Department, New Hampshire," shall be substituted for the words "Seal of the State of New Hampshire, 1776". The commissioner shall attach the seal of the office to all certificates and other similar official papers issued by him, and no further proof shall be required to authenticate the same when they are offered in evidence.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:5
400-A:5 Office. –
The commissioner shall be provided with an office in some suitable place in Concord.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:6
400-A:6 Deputy Commissioner; Other Department Positions. –
I. The commissioner, subject to the approval of the governor, shall appoint a deputy commissioner of insurance who shall hold office for 5 years and until a successor has been appointed and qualified.
II. The deputy commissioner of insurance shall perform such duties and exercise such powers of the commissioner pursuant to RSA Title XXXVII as the commissioner from time to time may authorize.
III. When the office of the commissioner is vacant, or when the commissioner is unable to perform his duties because of mental or physical disability, the deputy commissioner of insurance shall be acting commissioner.
III-a. There shall be an assistant commissioner who shall be appointed by the commissioner of insurance. He or she shall serve at the pleasure of the commissioner. When the offices of the commissioner and deputy commissioner are vacant, or when the commissioner or deputy commissioner is unable to perform his or her duties because of mental or physical disability, the assistant commissioner shall be acting commissioner. The assistant commissioner shall perform such duties and exercise such powers of the commissioner pursuant to RSA Title XXXVII as the commissioner from time to time may authorize.
III-b. [Repealed.]
III-c. [Repealed.]
III-d. [Repealed.]
IV, V. [Repealed.]
VI. [Repealed.]
VII. The commissioner shall appoint, as the commissioner's assistants, a director of financial regulation, a director of life and health, a director of health economics, a director of health care analytics, a general counsel, an insurance fraud director, a senior insurance fraud investigator, a director of property and casualty, a property and casualty actuary, a chief property and casualty actuary, a workers' compensation analyst, a chief life, accident and health actuary, a compliance and enforcement counsel, a chief financial examiner, a communications director, and a health reform coordinator, each of whom shall serve at the pleasure of the commissioner. The director of financial regulation, director of life and health, director of health economics, director of health care analytics, general counsel, insurance fraud director, senior insurance fraud investigator, director of property and casualty, property and casualty actuary, chief property and casualty actuary, workers' compensation analyst, chief life, accident and health actuary, compliance and enforcement counsel, chief financial examiner, communications director, and health reform coordinator, shall perform such duties and exercise such powers as the commissioner may authorize.
Source. 1971, 244:1. 1977, 499:2. 1987, 411:11. 1990, 246:5, 6; 254:37. 1992, 221:3. 1997, 351:21. 2003, 150:3. 2004, 187:6. 2005, 177:102. 2008, 387:4. 2010, 212:1; 243:14. 2015, 276:174, 176. 2017, 154:1, 2, 9, eff. Aug. 15, 2017. 2018, 140:2, eff. May 30, 2018. 2021, 91:374, eff. July 1, 2021.
Section 400-A:7
400-A:7 Repealed by 1977, 499:6, eff. Sept. 12, 1977. –
Section 400-A:8
400-A:8 Compensation; Expenses; Bonds. –
I.
Compensation. The salary of the commissioner, deputy commissioner, assistant commissioner, and all assistants to the commissioner shall be as prescribed in RSA 94:1-a.
II.
Expenses. The commissioner, deputy commissioner, assistant commissioner, and all assistants to the commissioner shall be allowed their traveling expenses while engaged in the performance of their duties.
III.
Bonds. The commissioner shall procure an official blanket bond conforming to New Hampshire law and covering the commissioner and each employee of his office in the penal sum of $100,000. The bond shall be underwritten by an insurer authorized to transact business in the state and shall be filed in the office of the secretary of state. Premium for the bond shall be a charge upon available funds and the appropriation for the insurance department.
Source. 1971, 244:1. 1977, 499:3. 1990, 246:7. 1992, 221:4. 2004, 187:7. 2015, 276:175. 2017, 154:3, eff. Aug. 15, 2017.
Section 400-A:9
400-A:9 Departmental Organization. –
Within the department there shall be such divisions, not expressly provided for or prohibited by law, as the commissioner deems advisable for the discharge of his duties.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:10
400-A:10 Staff. –
I. The commissioner may, within the limits of available funds, appoint or employ and prescribe the duties of such assistants, actuaries, examiners, clerks, and other employees as may be necessary to discharge the duties placed upon the insurance department by RSA title XXXVII.
II. The commissioner may from time to time contract for and procure on a fee or independently contracting basis, such additional actuarial, examination, rating, and other technical and professional services as he may deem necessary for the discharge of his duties. None of the individuals rendering such services pursuant to this paragraph shall be in the classified service of the state; provided, however, the commissioner may authorize, in his discretion, the payment of group hospitalization, hospital medical care, surgical care and other medical benefits, social security benefits, annual and sick leave benefits and such other benefits as are afforded to classified state employees, except participation in the New Hampshire retirement system, to such individuals who have been employed for 6 months or more as he shall determine.
III. If necessary to ensure the timely review of rates and forms submitted for approval under title XXXVII, the commissioner may retain, without appropriation under RSA 9 and without qualifying as a department expenditure under RSA 4:15, independent actuaries or other professionals or specialists as reviewers, the cost of which shall be borne by the regulated entity whose rates or forms are the subject of the review. The entity shall pay the retained professional or specialists directly for their costs. The commissioner shall conduct oversight of such independent reviewers in a manner that is consistent with standards for the use of independent reviewers established by the National Association of Insurance Commissioners in its Financial Condition Examiners Handbook and Market Regulation Handbook and shall ensure that costs are reasonable for the work performed. The amount paid by the company under this paragraph in any fiscal year shall be applied as a nontransferable credit against and to the extent of the company's administrative fee under RSA 400-A:39 in the subsequent fiscal year and not thereafter.
Source. 1971, 244:1. 1977, 499:4. 1987, 411:6. 1988, 62:4. 2017, 218:3, eff. July 10, 2017. 2022, 143:1, eff. Aug. 6, 2022.
Section 400-A:11
400-A:11 Advisory Councils and Committees. –
I. The commissioner may create advisory councils and committees to assist him in dealing with regulatory problems, may appoint members and may provide by rule for the regular creation, governance, duties and termination of any council or committee he establishes.
II. Members of advisory councils or committees shall be reimbursed for their necessary expense of travel and subsistence. Said expenses shall be a charge upon available funds and the appropriation of the insurance department.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:12
400-A:12 Prohibited Interests. –
I. The commissioner, deputies, assistants, actuaries, examiners, or employees of the department shall not be connected with the management or be holder of material number of shares of any insurer, insurance holding company, insurance agency or broker, or be pecuniarily interested in any insurance transaction except as authorized under Title XXXVII in their official capacity, or as a policyholder or claimant under a policy; except, that as to matters wherein a conflict of interests does not exist on the part of any such individual, the commissioner may employ and retain from time to time insurance actuaries, examiners, accountants, and other technicians who are independently practicing their professions even though from time to time similarly employed or retained by insurers or others.
II. Nothing contained in this section shall be deemed to prohibit:
(a) Receipt by any such individual of fully vested commissions or fully vested retirement benefits to which entitled by reason of services performed prior to becoming commissioner or prior to employment in the department.
(b) Investment in shares of regulated diversified investment companies.
III. No person who has formerly served as a commissioner, deputy, assistant, actuary, examiner, or otherwise as an employee of the department nor any person that has been retained by the commissioner under Title XXXVII, shall disclose any third party confidential information gained by reason of such public position, nor shall any person otherwise use such information for personal gain or benefit. Nothing in this paragraph shall be construed to limit any protections that an employee or a former employee has under RSA 275-E.
Source. 1971, 244:1. 2017, 6:1, eff. Mar. 31, 2017.
Section 400-A:13
400-A:13 Delegation of Powers. –
I. The commissioner may delegate to his deputies, assistants, actuaries, examiners, or employees of the department the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon the commissioner. However, he shall not delegate his rulemaking powers upon RSA 400-A:15.
II. The official act of any such person acting in the commissioner's name and by his authority shall be deemed an official act of the commissioner.
Source. 1971, 244:1. 1986, 210:2, eff. June 6, 1986.
Section 400-A:14
400-A:14 Orders, Notices. –
I. The commissioner shall issue upon hearing such prohibitionary and mandatory orders as are reasonably necessary to secure compliance with insurance laws, rules, and regulations. Orders and notices of the commissioner shall be effective only when in writing signed by him or by his authority. Except as otherwise expressly provided by law as to particular orders, every order of the commissioner shall state its effective date and shall concisely state:
(a) its intent or purpose;
(b) the grounds on which it is based; and
(c) the provisions of this title pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the commissioner the right to rely thereon. Except as provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, prepaid, addressed to such person at his principal place of business or residence as last of record in the department. The order or notice shall be deemed to have been given when deposited in a depository of the United States Postal Service, and of which the affidavit of the individual who so mailed the order or notice shall be prima facie evidence.
II. If any person is entitled to a hearing by any provision of this title before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken unless such person shows cause at a hearing to be held as specified in the notice, why the proposed action should not be taken, and stating the basis of the proposed action.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:14-a
400-A:14-a Health Insurance Coverage. –
No resident of this state, regardless of whether he or she has or is eligible for health insurance coverage under any policy or program provided by or through his or her employer, or a plan sponsored by the state or the federal government, shall be required to obtain or maintain a policy of individual insurance coverage except as required by a court or the department of health and human services where an individual is named a party in a judicial or administrative proceeding. No provision of this title shall render a resident of this state liable for any penalty, assessment, fee, or fine as a result of his or her failure to procure or obtain health insurance coverage. This section shall not apply to individuals voluntarily applying for coverage under a state-administered program pursuant to Title XIX or Title XXI of the Social Security Act. This section shall not apply to students being required by an institution of higher education to obtain and maintain health insurance as a condition of enrollment. Nothing in this section shall impair the rights of persons to privately contract for health insurance for family members or former family members.
Source. 2011, 266:1, eff. July 1, 2011.
Section 400-A:15
400-A:15 Statutes, Rules, and Regulations; Violation. –
I. The commissioner shall have full power and authority to make, promulgate, amend and rescind reasonable rules and regulations for, or as an aid to, the administration or effectuation of any provision or provisions of this title or of the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102) which relate to insurance and such other rules and regulations as are reasonably necessary to implement such provisions.
II. Prior to the adoption of any rule or regulation, or the amendment or repeal thereof, the commissioner shall publish or otherwise circulate notice of his intended action and afford interested persons opportunity to submit data or views either orally or in writing.
III. Any person who knowingly violates any statute, rule, regulation, or order of the commissioner may, upon hearing, except where other penalty is expressly provided, be subject to such suspension or revocation of certificate of authority or license, or administrative fine not to exceed $2,500 per violation, as may be applicable under this title for violation of the statute or the provision to which the rule, regulation, or order relates.
Source. 1971, 244:1. 2000, 313:12. 2008, 153:1, 2, eff. June 6, 2008.
Section 400-A:15-a
400-A:15-a Standardized Claim Forms for Health Insurance. –
All health insurers, health maintenance organizations, health service corporations, hospital service corporations, medical service corporations, preferred provider programs and third party administrators shall use "HCFA-1500" and "UB-92" forms for all paper and electronic submissions and shall not routinely require additional forms or information. When CMS officially replaces the "HCFA-1500" or the "UB-92" form, the replacements shall be considered the official form under this section.
Source. 1993, 127:1. 1996, 188:1. 2003, 145:5, eff. Aug. 16, 2003.
Section 400-A:15-b
400-A:15-b Confidentiality of Provider's Personal Information. –
I. Health insurers and other third party payors shall not display a medical provider's home address, date of birth, or social security number on documents provided to subscribers for the purpose of claim payment unless the provider has provided that information for the purposes of claim payment.
II. The provisions of this section shall apply to group hospital and medical expense policies subject to RSA 415, group health service plan contracts issued pursuant to RSA 420-A, and to health maintenance organization policies and plans issued pursuant to RSA 420-B.
Source. 2003, 284:1, eff. Jan. 1, 2004.
Section 400-A:15-c
400-A:15-c Identification of Health Coverage Under the Jurisdiction of the Commissioner. –
All health coverage as defined in RSA 420-G:2, IX and prescription drug and dental benefits offered separately as described in RSA 420-G:2, IX(j) shall be identified as being under the jurisdiction of the commissioner. Such identification shall be clearly printed on a member's identification card and the policy issued to an insured after January 1, 2010. The commissioner shall adopt rules, pursuant to RSA 541-A, designating the form and manner of the identification required under this section.
Source. 2009, 305:1, eff. Sept. 29, 2009.
Section 400-A:15-d
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.
Source. 2012, 93:1, eff. July 28, 2012.
Section 400-A:15-e
400-A:15-e Consumer Services Program. –
I. The commissioner shall maintain a program to investigate complaints and respond to inquiries received, and, when warranted, refer matters for enforcement, further investigation, or examination against insurers, producers, or any other entity subject to the regulatory authority of the commissioner. The program shall include, but not be limited to, the following:
(a) A toll-free telephone number dedicated to the handling of complaints and inquiries.
(b) A standardized complaint form designed to assure that complaints will be properly registered and tracked.
(c) Maintenance of a comprehensive database of complaints and inquiries adequate to promote efficient case handling and to allow department analysts to discern potential issues with regulated entities and market trends that require follow up and potential regulatory action.
(d) The commissioner shall, if deemed appropriate, notify insurers, producers, or other regulated entities against whom the complaint is made of the nature of the complaint, may request appropriate relief for the complainant, and may meet and confer with the complainant and the regulated entity in order to mediate the complaint. This section shall not be construed to give the commissioner power to adjudicate claims.
(e) Retention of records on complaints and inquiries consistent with the insurance department's general record retention policy.
(f) Sharing of complaint information, pursuant to RSA 21-U, with other state agencies regulating financial services.
(g) Referral of complaints not within the department's jurisdiction to appropriate public and private agencies.
(h) Complaint handling goals that can be tested against consumer satisfaction surveys carried out pursuant to paragraph V.
(i) Inclusion in the department's annual report to the governor and council, required under RSA 400-A:26, detailed information regarding the program required by this section, that shall include, but not be limited to: a description of the operation of the complaint handling process, listing the number of complaints and inquiries received; enforcement actions taken pursuant to complaints received; the amount of staffing resources devoted to the handling and resolution of complaints; and the amount of recoveries made on behalf of consumers.
II. The commissioner may establish a secure, online complaint response system to distribute and receive complaint information from insurers and other regulated entities. Insurers or other regulated entities shall be required to submit and receive complaint information, including, but not limited to, requested claim files, underwriting files, correspondence, and other supporting documents, using any system established by the commissioner pursuant to this paragraph.
III. (a) In receiving complaints and inquiries, investigating complaints, and responding to complaints and inquiries by members of the public concerning the handling of insurance claims by insurers or producers, or alleged misconduct by insurers or producers, the commissioner shall not decline to investigate complaints for any of the following reasons:
(1) The insured is represented by an attorney in a dispute with an insurer, or is in mediation or arbitration.
(2) The insured has a civil action against an insurer.
(3) The complaint is from an attorney, if the complaint is based upon evidence or reasonable beliefs about violations of law known to an attorney because of a civil action.
(b) Consistent with the principles of res judicata and administration and judicial economy, the commissioner may defer any mediation effort or enforcement proceeding related to a complaint until the finality of a dispute, mediation, arbitration, or civil action involving the claim is known.
(c) Nothing in this section shall be construed to waive the confidential and privileged nature of all documents, materials, or other information in possession of the department pursuant to an investigation of a complaint or consumer inquiry, as provided in RSA 400-A:16.
IV. In coordination with the consumer services program, the commissioner shall provide for the education of, and dissemination of information to, members of the general public concerning insurance matters. The commissioner may in person or through employees of the department meet with individuals, organizations, and associations interested in insurance for the purpose of securing cooperation in the enforcement of the insurance laws of this state and may disseminate information concerning the insurance laws of this state for the assistance and information of the public. In addition, the commissioner shall arrange for public service announcements, website information, social media statements, and other outreach efforts reasonably designed to inform consumers of the availability of the department's consumer assistance program and how to register a complaint or make an inquiry to the department.
V. The department shall include, with each notification of final action to a complainant, or, at a minimum, with a number of randomly selected notifications of final action sufficient to assure the validity of results, a complaint handling consumer satisfaction evaluation form. This form shall clearly and concisely seek an evaluation of the department's performance in handling the complainant's grievance. The areas of evaluation shall include, but not be limited to: whether the complaint was handled in a fair and reasonable manner, evaluated thoroughly and without bias; the time required for resolution of the complaint; whether the complaint was referred and, if so, whether it was referred within a satisfactory time; whether the staff involved in handling the complaint demonstrated an adequate knowledge of the issues involved in the complaint; whether the complainant was satisfied with the result of the department's intervention; and whether the complainant would recommend the department's complaint handling services to others.
VI. The commissioner shall ascertain patterns of complaints by insurer, geographic area, insurance line, type of violation, and any other valid basis the commissioner may deem appropriate for further investigation, and periodically evaluate the complaint patterns to determine additional examination, investigative, or enforcement actions which may be taken by the commissioner, and report on all actions taken with respect to those patterns of complaints in his or her annual report to the governor and council pursuant to RSA 400-A:26, and to the public. For the purposes of this paragraph, complaints mean those written complaints received by the commissioner under paragraph I, and written complaints received by the commissioner from any other sources, alleging misconduct or unlawful acts by insurers or production agencies.
Source. 2018, 134:1, eff. May 30, 2018. 2019, 101:3, eff. Aug. 20, 2019.
Section 400-A:15-f
400-A:15-f Confidentiality; Forms and Rates. –
I. Forms and rates that are filed for review in accordance with Title XXXVII shall be confidential pending approval. Forms and rates filed for informational purposes shall be confidential until effective.
II. An approved filing and any supporting information that is not otherwise exempt from disclosure by law or rule, shall be open to public inspection on or after the date the filing is approved or its effective date, whichever is later, provided however, that for health filings for markets in which there is a specific, mandatory open enrollment period established by law, forms and rates shall be available for public review no later than the first day of the mandated open enrollment period.
III. In accordance with RSA 91-A:5, IV, any information submitted as part of the form and rate review process that is required to be held confidential by law, including commercial and proprietary trend assumptions, proprietary predictive models, and any other commercial or proprietary information and supporting documentation, shall not be disclosed.
Source. 2018, 37:1, eff. Aug. 13, 2018. 2021, 50:5, eff. July 24, 2021.
Section 400-A:15-g
400-A:15-g General Provisions Regarding Review of Rate and Form Filings. –
Unless otherwise provided in specific provisions of title XXXVII or in rules promulgated thereunder, when reviewing a rate or form filing submitted by an insurer, the commissioner shall:
I. Within 30 days of receipt, examine the rate or form filing and notify the insurer of any apparent errors or omissions that render the filing incomplete or request any additional information that the insurance department is permitted by law to require and that is deemed by the commissioner to be relevant to the review process.
II. Within 60 days after receipt of the filing or after receipt of the additional information or corrections timely requested by the commissioner pursuant to paragraph I, the commissioner shall:
(a) Approve or deny the filing, in whole or in part; or
(b) Commence an adjudicative proceeding in accordance with RSA 541-A.
III. In the event that the commissioner returns one or more preliminary objections to the insurer regarding a rate or form filing, the period in paragraph II shall not include the period during which the insurer is preparing its response.
IV. Upon written agreement of the insurer, the commissioner may extend any of the time periods for review provided for in this section.
V. Wherever the general time limits prescribed by this section differ from specific time limits provided for by other provisions of title XXXVII or in rules promulgated thereunder, the specific time limits provided for by such other provisions shall control.
VI. If the commissioner fails to take action on a rate or form filing governed by this section within the time limits prescribed in this section, the filing shall be deemed approved. If at any time after a rate or form has been deemed approved under this paragraph, the commissioner finds that the rate or form does not meet any of the requirements under title XXXVII, the commissioner may, after notice and hearing, order the discontinuance of the rate or form. The order shall provide a reasonable time after which the filing shall be deemed no longer effective. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order. However, a policyholder shall have the privilege to cancel the policy containing the nonconforming rate or policy provision without penalty.
VII. RSA 541-A:29 and RSA 541-A:29-a shall not apply to insurer rate and form filings under title XXXVII.
Source. 2018, 279:22, eff. Jan. 1, 2019.
Section 400-A:15-h
400-A:15-h General Provisions Regarding Company, Producer, and Adjuster Licensing. –
Unless otherwise provided in specific provisions of title XXXVII or in rules promulgated thereunder, when reviewing a license application submitted by a company, producer, or adjuster, the commissioner shall:
I. Within 30 days of receipt, examine the license application and notify the applicant of any apparent errors or omissions that render the application incomplete or request any additional information that the insurance department is permitted by law to require and that is deemed by the commissioner to be relevant to the review process.
II. Within 60 days after receipt of the application or after receipt of the additional information or corrections timely requested by the commissioner pursuant to paragraph I, the commissioner shall:
(a) Approve or deny the application, in whole or with restrictions; or
(b) Commence an adjudicative proceeding in accordance with RSA 541-A.
III. In the event that the commissioner returns one or more preliminary objections to the company, producer, or adjuster regarding a license application, the period in paragraph II shall not include the period during which the applicant is preparing a response.
IV. In the event that the commissioner is conducting an investigation of an applicant pursuant to RSA 400-A:16 of possible violations of insurance laws, the period in paragraph II shall not include the period during which the investigation is pending.
V. Upon written agreement of the applicant, the commissioner may extend any of the time periods for review provided for in this section.
VI. Wherever the general time limits prescribed by this section differ from specific time limits provided for by other provisions of title XXXVII or in rules promulgated thereunder, the specific time limits provided for by such other provisions shall control.
VII. If the commissioner fails to take action on a license application governed by this section within the time limits prescribed in this section, the application shall be deemed approved. If at any time after a license application has been deemed approved under this paragraph, the commissioner finds that the applicant does not meet standards for licensure, the commissioner may, after notice and hearing, order the revocation, suspension, or restriction of the license.
VIII. RSA 541-A:29 and RSA 541-A:29-a shall not apply to company, producer, or adjuster license applications under title XXXVII.
Source. 2018, 279:22, eff. Jan. 1, 2019.
Section 400-A:16
400-A:16 Investigations, Enforcement. –
I. The commissioner may conduct such investigations in addition to those specifically provided for as he or she may find necessary in order to promote the efficient administration of the provisions of this title.
II. Any individual or entity who transacts insurance in this state or is otherwise subject to the authority of the commissioner shall, upon request of the commissioner, provide the commissioner with all documents and information relevant to any investigation under this section within 10 working days, or shall request within the 10 working-day period, for good cause shown, additional time to respond.
III. Except as provided in subparagraphs (a)-(d), any documents, materials, or other information in the control or possession of the insurance department that is furnished by an insurer, producer, or an employee or agent thereof acting on behalf of the insurer or producer, or from the National Association of Insurance Commissioners, its affiliates or subsidiaries, or from regulatory and law enforcement officials of other foreign or domestic jurisdictions, or is otherwise obtained by the commissioner in an investigation pursuant to this section shall be 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 admissible in evidence in any private civil action. 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 this section. 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 herein. The following shall apply:
(a) The commissioner may use documents, materials, or other information obtained through an investigation in furtherance of any regulatory or legal action brought as part of the commissioner's duties.
(b) The commissioner may share documents, materials, or other information, including the confidential and privileged documents, materials, or other information under paragraph III, with other state, federal, and international regulatory agencies including the Bank for International Settlements, with the International Association of Insurance Supervisors or the National Association of Insurance Commissioners, their 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.
(c) The commissioner may disclose to an insured or claimant who has filed a complaint against an insurer, a copy of the insurance company's letter to the department in response to the complaint. The commissioner shall adopt rules, pursuant to RSA 541-A, as may be necessary, to identify those documents obtained from the company during the course of the investigation of the insured's or claimant's complaint that may be disclosed upon request to assist the insured or claimant in understanding the basis for the department's actions related to the investigation. The commissioner shall not disclose to an insured or claimant any information that would interfere with any civil, criminal, or administrative enforcement proceeding.
(d) The commissioner may disclose to the public the number and nature of complaints and inquiries filed by consumers with the department; provided, however, no information exempt from disclosure under RSA 91-A shall be disclosed and no disclosure shall abridge the privacy interests of any consumer filing such a complaint or inquiry.
IV. The commissioner may institute suits or other legal proceedings as necessary for the enforcement of any rules, regulations, or provisions of this title.
V. If the commissioner has reason to believe that any person has violated any provision of this title for which criminal prosecution is provided, he or she shall so inform the attorney general. The attorney general shall promptly institute such action or proceedings against such person as in his or her opinion the information may require or justify.
VI. The attorney general, upon request of the commissioner, is authorized to proceed in the courts of any other state or in any federal court or agency to enforce an order or decision of any court, proceeding or in any administrative proceeding before the commissioner.
Source. 1971, 244:1. 1987, 411:5. 1988, 62:5. 2008, 67:1. 2009, 178:1. 2012, 100:4, eff. July 28, 2012. 2022, 142:4, eff. Aug. 6, 2022.
Section 400-A:17
400-A:17 Hearings. –
I. Except as otherwise provided in this section or other applicable law that requires a hearing, the commissioner may hold hearings for any purpose within the scope of this title as the commissioner may deem advisable.
II. The commissioner shall hold a hearing:
(a) If required by any provision of this title; or
(b) Upon written application for a hearing by a person aggrieved by any act or impending act, or by any report, rule, regulation, or order of the commissioner (other than an order for the holding of a hearing, or order on a hearing, or pursuant to such order, of which hearing such person had notice) if the application meets the requirements of paragraph III.
III. Any such application must be filed with the commissioner within 30 days after such person knew or reasonably should have known of such act, impending act, failure, report, rule, regulation, or order, unless a different period is provided for by other applicable law, and in which case such other law shall govern. The application shall briefly state the respects in which the applicant is so aggrieved, together with the ground to be relied upon for the relief to be demanded at the hearing. If there are exigent circumstances, the applicant shall request an expedited hearing in accordance with paragraph IV. The commissioner may require that the application be signed and sworn to by a person competent to be a witness in civil courts. The application for a hearing shall be scheduled for an initial hearing within a reasonable time not to exceed 60 days from the date of receipt of the application. An applicant may request additional time to be heard on the matter by notifying the commissioner of such a request in writing. If the commissioner finds the application does not comply with this paragraph or is meritless, the commissioner shall deny the hearing request, in which case the original ruling shall be the final order, appealable under RSA 400-A:24.
IV. Exigent Circumstances. If the commissioner finds that the application is timely, made in good faith, and that the applicant would be irreparably harmed if an expedited hearing is not held, the commissioner shall hold a hearing within 30 days after receipt of the application, unless the hearing is continued by order of the commissioner or the commissioner's designee. An applicant shall request an expedited hearing by clearly referencing this paragraph in the application filed under paragraph III in order to be heard within 30 days of filing.
V. If requested, pending the hearing and decision thereon, the commissioner or the commissioner's designee may suspend, postpone, or stay the effective date of his or her previous action.
Source. 1971, 244:1, eff. Aug. 17, 1971. 2023, 133:1, eff. Aug. 29, 2023.
Section 400-A:18
400-A:18 Notice of Hearing. –
I. Except where a longer period is expressly provided in this title, the commissioner shall give written notice of the hearing not less than 10 days in advance. The notice shall state the date, time, and place of the hearing and specify the matters to be considered thereat. If the persons to be given notice are not specified in provision pursuant to which the hearing is held, the commissioner shall give such notice to all persons whose pecuniary interest, to the commissioner's knowledge or belief, are to be directly and immediately affected by the hearing. Notice of the hearing may be waived, and the hearing held at a time mutually fixed by the commissioner and the parties.
II. If any such hearing is to be held for consideration of rules and regulations of the commissioner, or of other matters which, under paragraph I above, would otherwise require separate notices to more than 30 persons, in lieu of other notice, the commissioner may give notice of the hearing by publication thereof in a newspaper of general circulation in this state, at least once each week during the 2 weeks immediately preceding the week in which the hearing is to be held; except, that the commissioner shall mail such notice to all persons who have requested the same in writing in advance and have paid to the commissioner the reasonable amount fixed by him to cover the cost thereof. All such notices, other than published notices, shall be given as provided in RSA 400-A:14.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:19
400-A:19 Conduct of Hearing. –
I. The commissioner may hold a hearing in Concord or any other place of convenience to parties and witnesses, as the commissioner determines. The commissioner or his designee shall preside at the hearing, and shall expedite the hearing and all procedures involved therein.
II. Any party to the hearing shall have the right to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence and to examine and cross-examine witnesses, to present evidence in support of his interest and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence in his behalf. Testimony may be taken orally or by deposition, and any party shall have such right of introducing evidence by interrogatories or deposition as may obtain in the superior court.
III. Upon good cause shown, the commissioner shall permit to become a party to the hearing by intervention, if timely, such persons, not original parties thereto, whose interests are affected by the commissioner's order made upon the hearing.
IV. Formal rules of pleading or of evidence need not be observed at any hearing.
V. The hearing shall be public, unless the commissioner or hearing officer determines that a private hearing would be in the public interest, in which case and only with the consent of all parties to the hearing, the hearing shall be private.
VI. The commissioner or his hearing officer may cause a complete record to be made of the hearing proceedings by a competent reporter or by electronic recording, and if transcribed, such record shall be made a part of the commissioner's record of hearing. In the event of an appeal from any order of the commissioner issued pursuant to Title XXXVII, if a record of the proceedings is available a transcript shall be made, and expenses of transcription shall be paid by the party making the appeal at the rate charged for transcripts of proceedings in the superior court at the time the appeal is made. Nothing in this chapter shall prohibit any party to a hearing held pursuant to Title XXXVII from receiving at any time, upon request and upon payment of expenses, a transcript of the hearing, if a record was made.
VII. The validity of any hearing held in accordance with the notice thereof, or waiver of notice, shall not be affected by the failure of any person to attend or remain in attendance.
Source. 1971, 244:1. 1975, 147:1, eff. July 25, 1975.
Section 400-A:20
400-A:20 Witnesses and Documentary Evidence. –
I. As to the subject of any examination, investigation or hearing being conducted by him, the commissioner may subpoena witnesses and administer oaths or affirmations and examine any individual under oath, or take depositions; and by subpoena duces tecum may require the production of documentary and other evidence. Any delegation by the commissioner of power of subpoena shall be in writing.
II. Every person subpoenaed to appear at any such hearing, examination, or investigation shall obey the subpoena, testify truthfully, conduct himself with decorum, and in no way obstruct the proceeding or purpose thereof.
III. Witnesses shall be entitled to the same fees and allowances as witnesses in the superior court; except that no insurer, agent, broker, or other person subject to this title who is a subject of such proceeding, and no officer, director, or employee of any of the foregoing, shall be entitled to witness or mileage fees. No person shall be excused from attending and testifying in obedience to a subpoena on the ground that the proper witness fee was not tendered or paid, unless the witness shall have demanded such payment as a condition precedent to attending the hearing, examination, or investigation and unless such demand shall not have been complied with.
IV. Any individual knowingly testifying falsely under oath or making a false affirmation, as to any matter material to any such examination, investigation or hearing, shall upon conviction thereof be guilty of perjury.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:21
400-A:21 Witnesses; Disciplinary Proceedings. –
I. If any individual without reasonable cause fails to appear when summoned as a witness, or refuses to answer a lawful and pertinent question, or refuses to produce documentary evidence when directed to do so by the commissioner or deports himself in a disrespectful or disorderly manner at the inquiry, or obstructs the proceedings by any means, whether or not in the presence of the commissioner or his designee, he is guilty of contempt and may be dealt with as provided in RSA 400-A:21, II.
II. The commissioner or his designee, as the case may be, may file a complaint in the superior court, setting forth under oath the facts constituting the contempt and requesting an order returnable in not less than 2 nor more than 5 days, directing the alleged contemner to show cause before the court, why he should not be punished for contempt. Upon the return of such order, the court shall examine the alleged contemner under oath, and the alleged contemner shall have an opportunity to be heard. If the court determines that the respondent has committed any alleged contempt, the court shall punish the offender as if the contempt had occurred in an action arising in or pending in such court. Provided however, the contemner shall have a period of 10 days from the determination of the superior court within which to purge himself of contempt and thereby avoid the sanctions imposed.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:22
400-A:22 Witnesses; Immunity From Prosecution. –
I. If any individual asks to be excused from attending or testifying or from producing any books, papers, records, contracts, correspondence, or other documents in connection with any examination, hearing, or investigation being conducted by the commissioner on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, and shall by the insurance commissioner be directed to give such testimony or produce such evidence, he must nonetheless comply with such direction, but he shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have so testified or produced evidence, and no testimony so given or evidence produced shall be received against him upon any criminal action, investigation, or proceeding; except, however, that no such individual so testifying shall be exempt from prosecution or punishment for any perjury committed by him in such testimony, and the testimony or evidence so given or produced shall be admissible against him upon any criminal action, investigation, or proceeding concerning perjury; provided further that no witness shall be compelled to testify where such testimony would create a reasonable possibility of penalty or sanction by a court, agency, or other body of competent jurisdiction, which penalty or sanction has not as of the hearing date (or the date of any appeal therefrom) been banned by operation of law or waived as to the witness.
II. Any such individual may execute, acknowledge and file in the office of the commissioner a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon the testimony of such individual or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise, and if so received or produced, such individual shall not be entitled to any immunity or privileges on account of any testimony he may so give or evidence so produced.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:23
400-A:23 Order on Hearing. –
I. In the conduct of hearings under this title and making his order thereon, the commissioner shall act in a quasi-judicial capacity.
II. Within 90 days after termination of a hearing, or of any rehearing thereof or reargument thereon, or within such other period as may be specified in this title as to particular proceedings, the commissioner shall make his order on hearing covering matters involved in such hearing, and give a copy of the order to each party to the hearing in the same manner as notice of the hearing was given to such party; except, that as to hearings held with respect to merger, consolidation, bulk reinsurance, conversion, affiliation, or change of control of a licensed insurer as provided in RSA 401-B and RSA 403-A, where notice of the hearing was given to all who are stockholders or policyholders, or both, of an insurer involved, the commissioner is required to give a copy of the order on hearing to the corporation and insurer parties, to intervening parties, to a reasonable number of such stockholders or policyholders as representative of the class, and to other parties only upon written request of such parties.
(a) The order shall contain:
(1) A concise statement of facts found by the commissioner upon the evidence adduced at the hearing;
(2) A concise statement of the commissioner's conclusions from the facts so found;
(3) His order, and the effective date thereof; and
(4) Citation of the provisions of this title upon which the order is based; but failure to so designate a particular provision shall not deprive the commissioner of the right thereafter to rely thereupon.
(b) The order may affirm, modify, or rescind action theretofore taken or may constitute taking of new action within the scope of the notice of hearing.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:24
400-A:24 Appeal From the Commissioner. –
I. An appeal from the commissioner shall be taken only from an order on hearing, or as to a matter on which the commissioner has refused or failed to hold a hearing after application therefor under RSA 400-A:17, or as to a matter as to which the commissioner has failed to make his order on hearing as required by RSA 400-A:23.
II. Any appeal shall be in accordance with RSA 541.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:25
400-A:25 Records; Inspection; Destruction. –
I. Unless otherwise provided by law, all records and documents of the insurance department are subject to public inspection pursuant to the right to know law, RSA 91-A. Notwithstanding the provisions of RSA 91-A, the commissioner may determine by order that it is in the public interest to make public additional records and documents or to hold certain records and documents confidential within the insurance department.
II. Except as otherwise provided by law, all records and documents of the department are subject to subpoena by a court of competent jurisdiction.
III. The commissioner may destroy at the end of 3 years from the date of filing any records determined to be no longer of any value to the state. The commissioner may destroy at an earlier date such records of the department which are readily available to the commissioner in an unaltered form from any other state or federal agency or from any licensed insurance company.
Source. 1971, 244:1. 1983, 473:1. 2008, 67:2, eff. July 20, 2008. 2021, 56:1, eff. July 24, 2021.
Section 400-A:26
400-A:26 Annual Report. –
On or before November 1 in each year, the commissioner shall make a written report to the governor and council showing with respect to the preceding calendar year the receipts and expenses of the department for the year and such recommendations as he deems advisable.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:27
400-A:27 Publications. –
I. The commissioner may have the annual report, examination reports, directory of authorized insurers, directory of licensed insurance representatives, license examination material, insurance laws, related laws and regulations, and other publications relating to insurance prepared under his administration, published in pamphlet form from time to time and may affix a reasonable price to each copy to cover the price of printing, handling, and postage.
II. The commissioner may furnish free copies of the publications prepared under paragraph I to public officials and libraries in the state and elsewhere. The cost of free distribution shall be charged upon available funds and the appropriation for the insurance department.
Source. 1971, 244:1. 1987, 411:7, eff. May 26, 1987.
Section 400-A:28
400-A:28 Interstate Cooperation. –
The commissioner and his staff shall maintain close relations with the commissioners of other states and shall actively participate in the activities and affairs of the National Association of Insurance Commissioners and other organizations so far as it will, in his judgment, enhance the purposes of the insurance laws. The actual and necessary travel and related expenses incurred by the commissioner and members of his staff in attending meetings of said associations, their committees, subcommittees, hearings, and other official activities, as well as the general expenses of participation in such associations shall be a charge on available funds and the appropriation of the insurance department.
Source. 1971, 244:1. 1987, 411:8, eff. May 26, 1987.
Section 400-A:29
400-A:29 Fees. –
| I. | Certificate of authority | |
| (a) | Application | $1,000 |
| (b) | Initial certificate | $100 |
| (c) | Annual renewal | $100 |
| (d) | Reinstatement | $50 |
| (e) | Amendment | $25 |
| II. | Charter documents (other than those filed or transmitted with application for certificate of authority) | |
| (a) | For filing or transmitting articles of amendment, domestic companies | $25 |
| (b) | For filing or transmitting a copy of amendment to the articles of incorporation of a foreign or alien company, $35. If the amendment is filed or transmitted more than 60 days after the same has become effective in the home state, the corporation shall pay to the commissioner a penalty of $50. | |
| III. | Filing or transmitting of annual statement | $100 |
| IV. | Application for withdrawal and final report of foreign or alien insurance company | $25 |
| V. | Application to reserve corporation name (90 days) | $25 |
| VI. | Advisory organizations and statistical agents. | |
| (a) | Application fee | $300 |
| (b) | Initial certificate | $150 |
| (c) | Annual renewal | $150 |
| (d) | Form filing-each form filing | $20 |
| (e) | Rate filing-each rate filing | $20 |
| VII. | Health service corporations | |
| (a) | Corporation's annual certificate of authority | $200 |
| (b) | Annual statement | $100 |
| VIII. | Road and tourist services | |
| (a) | Application fee for certificate of authority | $300 |
| (b) | Initial certificate | $100 |
| (c) | Annual renewal | $100 |
| VIII-a. | Consumer Guaranty Contract Obligors | |
| (a) | Registration fee | $300 |
| (b) | Annual renewal fee | $150 |
| IX. | [Repealed.] | |
| X. | Producers; resident and non-resident | |
| (a) | Non-refundable application and license fee | $210 |
| (b) | Non-refundable biennial renewal | $150 |
| (c) | Amendment to license | $50 |
| (d) | Additional fee for late renewal | $150 |
| (e) | Fee for late completion of continuing education | $50 |
| (f) | Appointment fee | $25 |
| (g) | Termination fee | $25 |
| (h) | Address change fee | $10 |
| (i) | Mail return fee | $25 |
| XI. | Surplus lines; Company annual application for inclusion in approved list | $250 |
| XII. | Insurance vending machines | |
| (a) | Application fee, each machine | $50 |
| (b) | Initial license, each machine | $50 |
| (c) | Annual renewal, each machine | $50 |
| XIII. | Other licensing documents; producer, consultant, adjuster, public adjuster; copies (all documents) | $1 per page. |
| XIV. | Variable life and annuity | |
| (a) | Certificates | $5 |
| (b) | Company registration | $100 |
| (c) | Annual renewal | $100 |
| XV. | Adjuster's licenses; resident and non-resident | |
| (a) | Non-refundable application and license fee | $75 |
| (b) | Non-refundable biennial renewal | $75 |
| (c) | Amendment to license | $50 |
| (d) | Additional fee for late renewal | $75 |
| (e) | Fee for late completion of continuing education | $25 |
| (f) | Address change fee | $10 |
| (g) | Mail return fee | $25 |
| XVI. | Service of process on commissioner | $25 |
| XVII. | The commissioner shall also collect in advance, reasonable fees, as determined by the commissioner for such other official acts and services as may be necessary or required by Title XXXVII or XXXVIII. | |
| XVIII. | Public adjusters; resident and non-resident | |
| (a) | Non-refundable application and license fee | $100 |
| (b) | Non-refundable biennial renewal | $100 |
| (c) | Additional fee for late renewal | $100 |
| (d) | Fee for late completion of continuing education | $25 |
| (e) | Address change fee | $10 |
| (f) | Mail return fee | $25 |
| XIX. | Insurance consultants; resident and non-resident | |
| (a) | Non-refundable application and license fee | $210 |
| (b) | Non-refundable biennial renewal | $150 |
| (c) | Amendment to license | $50 |
| (d) | Additional fee for late renewal | $150 |
| (e) | Fee for late completion of continuing education | $50 |
| (f) | Address change fee | $10 |
| (g) | Mail return fee | $25 |
| XX. | Managing general agents | |
| (a) | Application fee | $50 |
| (b) | Original license | $350 |
| (c) | Renewal license | $250 |
| XXI. | Reinsurance intermediaries | |
| (a) | Application fee | $50 |
| (b) | Original license | $350 |
| (c) | Renewal license | $250 |
| XXII. | Discount Medical Plan Organizations | |
| (a) | Original Application | $300 |
| (b) | Renewal | $150 |
| XXIII. | Continuing education course submission fee | |
| (a) | Initial | $25 |
| (b) | Renewal | $25 |
Source. 1971, 244:1. 1975, 416:1. 1983, 473:2. 1986, 58:2. 1997, 284:16. 1998, 85:3. 2000, 315:2-8. 2001, 95:2, 10-12. 2003, 150:4; 293:8. 2004, 224:2. 2006, 196:1. 2008, 18:1, I, 2-7; 206:2. 2010, 13:1; 212:2. 2016, 109:1. 2017, 133:1, eff. Aug. 15, 2017. 2019, 134:21, eff. June 25, 2019. 2022, 223:2-5, eff. Aug. 16, 2022.
Section 400-A:29-a
400-A:29-a Fees for Continuing Education Course Submissions; Special Fund Established. –
I. The commissioner may impose and collect reasonable application fees as provided in RSA 400-A:29, XXIII(a) and (b) from sponsoring organizations for submissions of continuing education courses to meet educational requirements established by rule for producers, consultants, and adjusters.
II. The fees collected by the commissioner under paragraph I shall be deposited in the general fund.
III. Members of the respective continuing education advisory councils shall be reimbursed for all actual travel. The commissioner shall pay the expenses of compensating the continuing education advisory council within the limits of appropriations made in the operating budget for this purpose.
Source. 1988, 105:1. 2010, 13:2, eff. July 1, 2010. 2019, 134:22, eff. June 25, 2019.
Section 400-A:30
400-A:30 Accounts. –
The commissioner shall keep a correct account of all fees and moneys received by him by virtue of his office, and shall pay the same over to the treasurer of the state forthwith.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:31
400-A:31 General Premium Tax: Report. –
I. Every authorized insurer and each formerly authorized insurer shall, on or before March 15 of each year, or within any reasonable extension of time therefor which the commissioner may for good cause have granted on or before such date, file with the commissioner a report in such form as prescribed by the commissioner showing all gross direct premiums, including policy, membership and other fees and assessment, policy dividends applied in payment for insurance and all other considerations for insurance received by it during the next preceding calendar year on account of policies covering property, subjects, or risks located, resident or to be performed in this state after deducting from such total return premiums or dividends actually returned or credited to policyholders.
(a) As to title insurers, that portion of the premium chargeable to title search and examination services as reasonably determined by the commissioner may be deducted from such total.
(b) In determining the amount of such gross direct premiums taxable in this state, all such premiums or other considerations written, procured or received in this state shall be deemed written on property, subjects or risks located, resident or to be performed in this state except such premiums or other considerations as are properly allocated or apportioned and reported as taxable premiums of any other state or states, and except such premiums or other considerations written on property, subjects or risks located, resident or to be performed anywhere outside the United States of America.
II. The report shall be signed by the insurer's president, vice-president, secretary, treasurer, or manager. Any person that submits false information in a report shall be subject to prosecution for unsworn falsification, pursuant to RSA 641:3.
III. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
IV. [Repealed.]
Source. 1971, 244:1. 1977, 600:42. 1979, 360:12. 1981, 111:1. 2002, 207:1. 2010, 13:7, I, eff. July 1, 2010. 2022, 42:1, eff. July 2, 2022.
Section 400-A:32
400-A:32 Premium Tax; Collection, Minimum, Penalty, and Prepayments. –
I. (a) Every insurer shall pay to the insurance commissioner a tax upon such net premiums, for lines of business written, as set forth in the report filed pursuant to RSA 400-A:31, I, less estimated payments made in accordance with RSA 400-A:32, II, as follows:
(1) Effective July 1, 2007, a tax of 1.75 percent for all lines of business written pursuant to RSA 401:1, I-III and V-VIII, RSA 416-A:2, and RSA 401:1-a, I and II;
(2) Effective January 1, 2009, a tax of 1.50 percent for all lines of business written pursuant to RSA 401:1, I-III and V-VIII, RSA 416-A:2, and RSA 401:1-a, I and II;
(3) Effective January 1, 2010, a tax of 1.25 percent for all lines of business written pursuant to RSA 401:1, I-III and V-VIII, RSA 416-A:2, and RSA 401:1-a, I and II; and
(4) A tax of 2 percent for all lines of business written pursuant to RSA 401:1, IV, including, but not limited to, insurers licensed pursuant to RSA 420-A, RSA 420-B, and RSA 420-F.
(b) Provided, however, that every authorized insurer shall pay to the insurance commissioner a minimum annual premium tax of no less than $200.
II. (a) For the calendar year ending December 31, 2006, on or before March 15, June 15, September 15, and December 15, every authorized insurer required to pay a tax in accordance with RSA 400-A:32, I shall pay to the insurance commissioner an amount equal to 1/4 of the previous calendar year's tax paid pursuant to said paragraph; provided, however, any authorized insurer having an estimated liability of $100 or less for each quarter shall make payment in full on March 15. These payments shall be considered as a partial payment of the tax upon the business done in the state during the calendar year in which the payment was received.
(b) For the calendar year ending December 31, 2007, and for every year thereafter, on or before March 15 of each year every authorized insurer required to pay a tax in accordance with RSA 400-A:32, I shall make payment in full to the insurance commissioner of an amount equal to 100 percent of the previous calendar year's taxes paid pursuant to said paragraph. The payments shall be considered as a partial payment of the tax upon the business done in the state during the calendar year in which the payment was received.
III. (a) Except as provided in subparagraphs (b) and (c), the taxes imposed in paragraphs I and II of this section shall be promptly forwarded by the commissioner to the state treasurer for deposit to the general fund.
(b) Taxes imposed attributable to premiums written for medical and other medical related services for the newly eligible Medicaid population as provided for under RSA 126-AA shall be deposited into the New Hampshire granite advantage health care trust fund established in RSA 126-AA:3. The commissioner shall notify the state treasurer of sums for deposit into the New Hampshire granite advantage health care trust fund no later than 30 days after receipt of said taxes. The moneys in the trust fund may be used for the administration of the New Hampshire granite advantage health care program, established in RSA 126-AA.
(c) Taxes imposed on premiums written by duly authorized insurance companies for family and medical leave insurance written in connection with the administration of RSA 21-I:99 through RSA 21-I:111 or RSA 282-B shall be deposited into the FMLI premium stabilization trust fund established in RSA 282-B:5. The commissioner shall notify the state treasurer of sums for deposit into the FMLI premium stabilization trust fund no later than 30 days after receipt of said taxes.
IV. Any insurer failing to file the report required by RSA 400-A:31 or failing to remit the proper tax within the time for filing shall pay a penalty contingent upon the number of days that have passed since the due date. For late payments received 1-30 days after the due date, the penalty fee shall be 3 percent of the amount of the tax due. For late payments received 31-60 days after the due date, the penalty fee shall be 6 percent of the amount of tax due. For late payments received more than 60 days after the due date, the penalty fee shall be 12 percent of the amount of tax due. If the tax or the estimated tax is not paid when due, the commissioner may suspend or revoke the insurer's certificate of authority.
V. If the insurer liable for the taxes imposed in paragraphs I and II of this section is a member of a unitary business within the meaning of RSA 77-A:1, XIV, then the entire amount of the taxes due under this chapter by the individual member of such unitary business shall be allowed as a credit pursuant to RSA 77-A:5, III, against such individual member's portion of the total tax liability of the unitary business under RSA 77-A. In the event that the individual member's credit exceeds such member's portion of the total tax liability of the unitary business, the excess of such credit shall be allowed as a credit against any other individual member's tax liability under RSA 77-A, provided such other member is also subject to the tax imposed by this chapter. The commissioner of revenue administration shall adopt rules, in accordance with RSA 541-A, to determine an individual member's portion of the total tax liability based upon each member's activity within New Hampshire.
Source. 1971, 244:1. 1985, 343:3. 1991, 354:17. 1999, 271:1. 2002, 207:2. 2006, 277:2, 3. 2010, Sp. Sess., 1:109; Sp. Sess., 1:121. 2016, 13:2, eff. July 1, 2017. 2018, 342:10, eff. Dec. 31, 2018. 2019, 179:1, eff. Jan. 1, 2020. 2021, 91:465, eff. July 1, 2021.
Section 400-A:32-a
400-A:32-a Timely Mailing. –
I. Any report, claim, tax return, statement and other document, relative to tax matters, required or authorized to be filed with or any payment made to the state which is:
(a) Transmitted through the United States mail, shall be deemed filed and received by the state on the date shown by the post office cancellation mark stamped upon the envelope or other appropriate wrapper containing it.
(b) Mailed but not received by the state or where received and the cancellation mark is illegible, erroneous or omitted, shall be deemed filed and received on the date it was mailed if the sender establishes by competent evidence that the report, claim, tax return, statement, remittance, or other document was deposited in the United States mail on or before the date due for filing; and in cases of such non-receipt of a report, tax return, statement, remittance, or other document required by law to be filed, the sender files with the state or political subdivision a duplicate within 30 days after written notification is given to the sender by the state of its non-receipt of such report, tax return, statement, remittance, or other document.
II. If any report, claim, tax return, statement, remittance, or other document is sent by United States registered mail, certified mail or certificate of mailing, a record authenticated by the United States post office of such registration, certification or certificate shall be considered competent evidence that the report, claim, tax return, statement, remittance or other document was mailed, and the date of registration, certification or certificate shall be deemed the postmarked date.
III. If the date for filing any report, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday or legal holiday, the filing shall be considered timely if performed on the next business day.
IV. The provisions of this section shall not apply to payment or remittance for tax sales, the advertisement of tax sales, tax sale redemptions or payment of subsequent taxes thereon.
Source. 2003, 144:1, eff. Jan. 1, 2004.
Section 400-A:32-b
400-A:32-b Electronic Funds Transfer. –
Insurers shall remit taxes by electronic funds transfer according to the following schedule:
I. When the insurer had a tax liability in the prior tax year of $40,000 or more, effective January 1, 2006.
II. When the insurer had a tax liability in the prior tax year of $30,000 or more, effective January 1, 2007.
III. When the insurer had a tax liability in the prior tax year of $20,000 or more, effective January 1, 2008.
Source. 2003, 144:1. 2005, 248:2. 2008, 154:1, eff. June 6, 2008.
Section 400-A:33
400-A:33 Repealed by 2010,13:7, II, eff. July 1, 2010. –
Section 400-A:34
400-A:34 Exemption; Abatement. –
I. The provisions of RSA 400-A:31 and 32 shall not apply to mutual insurance companies that operate on an assessment plan and require as a condition for granting insurance the signing of a premium deposit note by the insured, which note is given for the purpose of establishing a limit of liability to assessment, while their total receipts from policyholders is less than $10,000 per year.
II. Any insurer authorized to do business in this state, having complied with the provisions of this chapter, which shall deem itself aggrieved by reason of any tax imposed upon it by the insurance commissioner, may apply within one year after the due date of any tax imposed upon it, and not afterwards, by petition to the Merrimack county superior court for an abatement of so much thereof as it may claim to have been unlawfully imposed upon it.
III. Such petition shall be entitled against the insurance commissioner, and all summonses therein shall be served upon the insurance commissioner. In any such action, the superior court, after hearing, shall make such order as justice may require and may order the insurance commissioner to credit the petitioner in any tax assessment thereafter made against the petitioner with any amount found to have been illegally assessed against and paid by the petitioner, with interest thereon at such rate as the court may deem just.
IV. Notwithstanding paragraphs II and III, if an insurer or other person engaged in the business of insurance in this state has paid taxes, fees or other charges pursuant to title XXXVII in excess of the amount legally chargeable against such insurer or other person, application may be made for a refund of the overpayment. If the commissioner is satisfied that, because of some mistake of fact, error in calculation, or erroneous interpretation of a law of this state or any other state, an overpayment was made by the insurer or other person, the commissioner shall apply the amount of the overpayment toward the payment of taxes, fees or other charges already due or which may become due or make a cash refund to the insurer or other person. Application for a refund shall be made within 3 years after the date of the excess payment of taxes, fees or other charges.
Source. 1971, 244:1. 1983, 473:3. 1989, 76:1. 2010, 13:6. 2014, 204:26, eff. July 11, 2014.
Section 400-A:34-a
400-A:34-a Credit for Business Enterprise Tax. –
The tax imposed under RSA 77-E shall be allowed as a credit against the taxes due under this chapter and shall be deemed to be taxes paid pursuant to this chapter for the purposes of RSA 77-A:5, III. Any insurer subject to taxation under this chapter shall first apply such credits as provided in this section, and then pursuant to RSA 77-A:5, X. The taxes paid pursuant to RSA 77-E by an individual member of a unitary business within the meaning of RSA 77-A:1, XIV shall be allowed as a credit against any other individual member's liability under this chapter, provided that such other member is also subject to the tax imposed by this chapter. To the extent the credit for taxes paid pursuant to RSA 77-E exceeds the taxes imposed under this chapter, such excess shall be deemed to be taxes imposed under RSA 77-E and shall be allowed as a credit against the taxes due under RSA 77-A as provided by RSA 77-A:5, X.
Source. 1993, 350:31. 2007, 255:9, eff. Jan. 1, 2008.
Section 400-A:35
400-A:35 Retaliatory Provisions. –
When, by the laws of any other state or country, any taxes, fines, penalties, licenses, fees, deposits, or other obligations or prohibitions, additional to or in excess of those imposed by this state upon companies not organized under the laws of this state and their agents doing business in this state, are imposed upon insurance companies of this state and their agents doing business in such state or country, the same taxes, fines, penalties, licenses, fees, deposits, or other obligations or prohibitions shall be imposed upon all insurance companies of such state or country and their agents doing business in the state, so long as such laws remain in force. In the absence of proof satisfactory to the commissioner, the laws of a foreign country shall be presumed to be the same as those of that state in which an insurance company of that foreign country has its principal place of business in the United States.
Source. 1971, 244:1, eff. Aug. 17, 1971.
Section 400-A:36
400-A:36 Annual Financial Statement. –
I. Every insurance company doing business in this state shall, on or before March 1 each year, make and file or transmit to the commissioner a statement under oath of its president and secretary, in accordance with the National Association of Insurance Commissioners Annual Statement Blank following the National Association of Insurance Commissioners Annual Statement Instructions and those accounting procedures and practices prescribed by the National Association of Insurance Commissioners Accounting Practices and Procedure Manual or allowed as a permitted accounting practice as provided in the manual, showing the amount of its capital stock, assets, liabilities, outstanding risks, premium notes, receipts, expenditures, losses, assessments, salaries and emoluments, and any other information calculated to fully disclose the condition and method of management of the company for the year ending the preceding December 31, which statement shall include the whole amount of premiums written during the preceding year for insurance on property, or risks located or persons resident in this state.
II. The commissioner may extend the time for filing or transmitting such statement for cause shown for a period of not more than 60 days. Life insurance companies shall not be required to file or transmit that part of their annual statement known as the gain and loss exhibit until the succeeding May 1. An insurer intentionally failing to file or transmit its annual statement as required by paragraph I shall forfeit to the department $25 for each day of delinquency. The commissioner may refuse to continue, or may suspend or revoke, the certificate of authority of any insurer intentionally failing to file or transmit its annual statement when due. The insurer shall pay the fee for filing or transmitting its annual statement as prescribed by RSA 400-A:29 at the time of filing or transmitting or with the premium tax return, but no later than March 15th.
III. In addition to the above, the commissioner may require from any person or company subject to this title:
(a) Statements, reports, including reports audited by independent public accountants, answers to questionnaires and other information, and evidence thereof, in whatever reasonable form he designates, and at such reasonable intervals as he may choose, or from time to time;
(b) Full explanation of the programming of any data storage or communications systems in use; and
(c) That information from any books, records, electronic data processing systems, computers or any other information storage system be made available to him at any reasonable time and in any reasonable manner.
IV. The commissioner may prescribe forms for the reports under RSA 400-A:36, III. The forms shall be consistent, as far as practicable, with those prescribed by other states.
V. Any officer, manager or general agent of any insurer authorized to do or doing an insurance business in this state, and any person controlling or having a contract under which he has a right to control such an insurer, whether exclusively or otherwise, and any person with executive authority over or in charge of any segment of such an insurer's affairs, and any insurance agent or other person licensed under the insurance code shall reply promptly in writing or in other designated form, to any written inquiry from the commissioner requesting a reply.
VI. The commissioner may require that any communication made to him under this section be verified.
VII.
Immunity. In the absence of actual malice, no communication required by the commissioner under this section shall subject the person making it to an action for damages for defamation.
VIII. The information obtained pursuant to RSA 400-A:36, III shall be privileged.
IX. Any director, officer, agent or employee of any insurer who subscribes to, makes or concurs in making or publishing, any annual or other statement required by law, having actual knowledge that the same contains any material statement which is false shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
X. The commissioner may retain, without appropriation under RSA 9 and without qualifying as a department expenditure under RSA 4:15, attorneys, independent actuaries, independent certified public accountants, or other professionals or specialists to review financial statements, the cost of which shall be borne by the company which is the subject of the financial analysis. The company shall pay the retained professional or specialists directly for their costs. The commissioner shall conduct oversight of such independent reviewers in a manner that is consistent with standards for the use of independent reviewers established by the National Association of Insurance Commissioners in its Financial Condition Examiners Handbook and Market Regulation Handbook and shall ensure that costs are reasonable for the work performed. The amount paid by the company under this paragraph in any fiscal year shall be applied as a nontransferable credit against and to the extent of the company's administrative fee under RSA 400-A:39 in the subsequent fiscal year and not thereafter.
Source. 1971, 244:1. 1973, 528:273. 1975, 414:1. 1990, 92:1. 1992, 288:2, 3. 2003, 144:2. 2006, 196:2. 2017, 218:4, eff. July 10, 2017. 2019, 183:1, eff. Sept. 8, 2019. 2022, 143:2, eff. Aug. 6, 2022.
Section 400-A:36-a
400-A:36-a Filing Requirements. –
I. Each domestic, foreign, and alien insurer who transacts insurance in this state shall annually on or before March 1 of each year, file with the National Association of Insurance Commissioners a portable document format (pdf) copy of its annual statement convention blank, along with such additional filings as prescribed by the commissioner for the preceding year, and a pdf copy of all subsequent quarterly statements. The information filed with or transmitted to the National Association of Insurance Commissioners shall be in the same format and scope as that required by the commissioner and following those accounting procedures and practices prescribed by the National Association of Insurance Commissioners Accounting Practices and Procedure Manual, and shall include the signed jurat page and, if required by any state in which the insurer transacts business, the actuarial certification. Any amendments and addenda to the annual statement filing subsequently filed with or transmitted to the commissioner shall also be filed with or transmitted to the National Association of Insurance Commissioners.
II. Foreign insurers that are domiciled in a state which has a law substantially similar to RSA 400-A:36-a, I shall be deemed in compliance with this section.
Source. 1988, 133:4. 1990, 92:2. 1995, 165:1. 2006, 196:3, eff. July 30, 2006. 2019, 183:2, eff. Sept. 8, 2019.
Section 400-A:36-b
400-A:36-b Immunity. –
I. In the absence of actual malice, members of the National Association of Insurance Commissioners, their duly authorized committees, subcommittees, and task forces, their delegates, employees, and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the commissioner under the authority of RSA 400-A:36-a and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required under such section.
II. In the absence of actual malice, no person shall be subject to civil liability for libel, slander or any other cause of action arising from filing reports or furnishing information concerning any activity that may constitute insurance fraud as defined in RSA 638:20, if such reports or information is provided to or received from the commissioner, law enforcement officials, the National Association of Insurance Commissioners, any state or federal agency established to detect, prevent or prosecute insurance fraud, or an insurance company authorized to do business in the state. The immunity conferred by this section applies unless the person seeking to impose civil liability proves actual malice. Any person against whom a civil action is brought, and who is found to be entitled to immunity from liability under this section, shall be entitled to recover reasonable attorney's fees and costs from the person who brought the civil action.
Source. 1988, 133:4. 1993, 239:3, eff. Jan. 1, 1994.
Section 400-A:36-c
400-A:36-c Confidentiality. –
All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department by the National Association of Insurance Commissioners' Insurance Regulatory Information System are confidential and shall not be disclosed by the department. Nothing contained in this title shall prevent or be construed as prohibiting the commissioner from disclosing any other material or information obtained by the commissioner in line with the duties of the commissioner's office so long as the governmental or regulatory agency or office receiving the information agrees in writing to keep it confidential and in a manner consistent with this title.
Source. 1988, 133:4. 1995, 165:2, eff. July 31, 1995.
Section 400-A:36-d
400-A:36-d Revocation of Certificate of Authority. –
The commissioner may suspend, revoke, or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due or within any extension of time which the commissioner, for good cause, may have granted.
Source. 1995, 227:1, eff. Aug. 13, 1995.
Section 400-A:37
400-A:37 Examinations. –
I. (a)
Authority, Scope, and Scheduling of Examinations. The commissioner or any of his or her examiners may conduct an examination of any company as often as the commissioner deems appropriate. In scheduling and determining the nature, scope and frequency of the examinations, the commissioner shall consider the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent Certified Public Accountants and other criteria as set forth in the Financial Condition Examiners' Handbook or the Market Regulation Handbook in effect and adopted by the National Association of Insurance Commissioners. Except as otherwise expressly provided, the commissioner shall examine each domestic insurer at least once every 5 years, and he or she shall annually examine, value, or cause to be valued the reserve liabilities, including loss adjustment expense reserves, of each domestic insurer. For the purpose of making the annual valuation of the reserve liabilities for all outstanding life insurance policies and annuity and pure endowment contracts of domestic insurance companies, the commissioner may employ a competent actuary who shall make such valuation of a company's contractual obligations and the company's compliance with the law.
(b) For purposes of completing an examination of any company under this title, the commissioner may examine or investigate any person, or the business of any person, in so far as such examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.
(c) In lieu of an examination of any foreign or alien insurer licensed in this state, the commissioner may accept an examination report on the company as prepared by the insurance department for the company's state of domicile or port-of-entry state until January 1, 1994. Thereafter, such reports may only be accepted if:
(1) The insurance department was at the time of the examination accredited under the National Association of Insurance Commissioners' Financial Regulation Standards and Accreditation Program; or
(2) The examination is performed under the supervision of an accredited insurance department or with the participation of one or more examiners who are employed by such an accredited state insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.
II.
Examination of Non-Insurance Company Licenses. For the purpose of ascertaining compliance with law or relationships and transactions between any person and any insurer or proposed insurer, and in circumstances where the commissioner has reasonable grounds to believe there is noncompliance with or violation of law, regulation, or order, he or she may, as often and to the extent he or she deems advisable, examine the accounts, records, documents, and transactions pertaining to or affecting the insurance affairs or proposed insurance affairs and transactions of:
(a) Any insurance producer, adjuster, insurer representative, or any person holding himself or herself out as any of the foregoing. (Provided, however, that if upon examination of any person specified in this paragraph the commissioner shall determine that such person is not in violation of the provisions of Title XXXVII or applicable regulations, the expense of the examination shall be borne by the insurance department.)
(b) Any person having a contract under which he enjoys by terms or in fact the exclusive or dominant right to manage or control the insurer.
(c) Any person in this state engaged in, or proposing to be engaged in this state in, or holding himself out in this state as so engaging or proposing, or in this state assisting in, the promotion, formation, or financing of an insurer or insurance holding corporation, or corporation or other group to finance an insurer or the production of its business.
(d) Any rating bureau or organization.
(e) Any licensee or other person subject to this title.
(f) Or if adequate information cannot be obtained, any insurance holding company; or person holding the shares of voting stock or policyholder proxies of an insurer as voting trustee or otherwise, for the purpose of controlling the management thereof.
III.
Conduct of Examinations.
(a) Upon determining that an examination should be conducted, the commissioner or the commissioner's designee shall issue an examination warrant appointing one or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the Financial Condition Examiners' Handbook or the Market Regulation Handbook adopted by the National Association of Insurance Commissioners. The commissioner may also employ such other guidelines or procedures as the commissioner may deem appropriate.
(b)(1) Every company or person from whom information is sought, its officers, directors and agents must provide to the examiners timely, convenient and free access at all reasonable hours at its offices to all books, records, accounts, papers, documents and any or all computer or other recordings relating to the property, assets, business and affairs of the company being examined. The officers, directors, employees and agents of the company or person must facilitate the examination and aid in the examination so far as it is in their power to do so. The refusal of any company, by its officers, directors, employees or agents, to submit to examination or to comply with any reasonable written request of the examiners shall be grounds for suspension or refusal of, or nonrenewal of any license or authority held by the company to engage in an insurance or other business subject to the commissioner's jurisdiction. Any such proceedings for suspension, revocation, or refusal of a license or authority shall be conducted pursuant to RSA 400-A:15, III.
(2) Neither the commissioner nor any examiner shall remove any record, account, document, file, or other property of the person being examined from the office or place of such person except with the written consent of such person in advance of such removal or pursuant to an order of court duly obtained. This subparagraph shall not be deemed to affect the making and removal of copies or abstracts of any such record, account, document, or file.
(c) The commissioner or any of his examiners shall have the power to issue subpoenas, to administer oaths and to examine under oath any person as to any matter pertinent to the examination. Upon the failure or refusal of any person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court.
(d) When making an examination under this title, the commissioner may retain, without appropriation under RSA 9 and without qualifying as a department expenditure under RSA 4:15, attorneys, appraisers, independent actuaries, independent certified public accountants or other professionals and specialists as examiners, the cost of which shall be borne by the company which is the subject of the examination. The company shall pay the retained professional or specialist directly for these costs.
(e) Nothing contained in this title shall be construed to limit the commissioner's authority to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to the insurance laws of this state. Findings of fact and conclusions made pursuant to any examination shall be prima facie evidence in any legal or regulatory action.
(f) Nothing contained in this title shall be construed to limit the commissioner's authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or company workpapers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the commissioner may, in his discretion, deem appropriate.
(g) For the purposes of this section "person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, and any similar entity or any combination of such entities acting in concert.
IV.
Exam Report, Distribution, Procedure.
(a) No later than 60 days following completion of the examination, the examiner in charge shall file with the department a verified written report of examination under oath. Upon receipt of the verified report, the department shall transmit the report to the company examined, together with a notice which shall afford the company examined 30 days to make a written submission or rebuttal with respect to any matters contained in the examination report. The company examined may request, within the 30 day period and for good cause shown, additional time to make the written submission or rebuttal.
(b) Within 30 days of the period allowed for the receipt of written submissions or rebuttals, the commissioner shall fully consider and review the report, together with any written submissions or rebuttals, and any relevant portions of the examiner's workpapers and enter an order:
(1) Adopting the examination report as filed or with modification or corrections. If the examination report reveals that the company is operating in violation of any law, regulation or prior order of the commissioner, the commissioner may order the company to take any action the commissioner considers necessary and appropriate to cure such violation;
(2) Rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation or information, and refiling as provided in subparagraph (a); or
(3) Calling for an investigatory hearing with no less than 20 days notice to the company for purposes of obtaining additional documentation, data, information, and testimony.
(c)(1) Upon the adoption of the examination report, the commissioner shall continue to hold the content of the examination report as private and confidential information for a period of 20 days, except as otherwise provided in this chapter.
(2) If requested by the person examined within 20 days after receipt of the order adopting the examination report, or if deemed advisable by the commissioner, the commissioner shall hold a closed meeting relative to the report. The closed meeting shall be conducted within 20 days after a request for closed meeting. Any order of the commissioner issued pursuant to RSA 400-A:37, IV(b)(1) shall be suspended pending a final decision of the commissioner after the closed meeting and the commissioner shall not file the report until after such closed meeting and his or her final order on the report; except that the commissioner may furnish a copy of the examination report:
(A) To the governor, attorney general, or treasurer pending the closed meeting and final decision thereon; and
(B) As otherwise provided in this chapter.
(3) After the closed meeting, the commissioner shall issue a final order on the report and shall file the final report. The commissioner may order the company to take any action the commissioner considers necessary and appropriate to cure any violation. Twenty days after the report is filed as a final report, the commissioner may open the report for public inspection if no court of competent jurisdiction has stayed its publication.
(4) If no request for a closed meeting is filed, the commissioner shall issue a final order on the report, shall file the final report, and may take all other appropriate action as set forth in subparagraph (3).
(5) A final report shall be filed, and any order shall be issued within 6 months after the adoption of the examination report.
(6) If the report is an examination of a domestic insurer, a copy of the report, or a summary approved by the commissioner, when filed in the department, together with the recommendations or statements of the commissioner or his or her examiner, shall be presented by the insurer's chief executive officer to the insurer's board of directors or similar governing body at a meeting which shall be held within 90 days following receipt of the report in final form by the insurer. A copy of the report shall also be furnished by the secretary of the insurer, if incorporated, or by the attorney-in-fact if a reciprocal insurer, to each member of the insurer's board of directors or board of governors, if a reciprocal insurer. The certificate of the secretary or attorney-in-fact that a copy of the examination report has been furnished to such persons shall constitute knowledge of the contents of the report by each such member.
(7) The final report after filing shall be admissible in evidence in accordance with rules of the superior court, in any action or proceeding brought by the commissioner against the person examined, or against its officers, employees, or agents. In any such action or proceeding, the commissioner or the commissioner's examiners may, however, at any time testify and offer proper evidence as to information secured or matters discovered during the course of an examination, whether or not a final written report of the examination has been made, furnished, or filed in the department.
(d) Nothing contained in this title shall prevent or be construed as prohibiting the commissioner from disclosing the content of an examination report, preliminary examination report or results, or any matter relating thereto, to the insurance department of this or any other state or country, or to law enforcement officials of this or any other state agency of the federal government at any time, so long as such agency or office receiving the report or matters relating thereto agrees in writing to hold it confidential and in a manner consistent with this title.
(e) In the event the commissioner determines that regulatory action is appropriate as a result of any examination, he or she may initiate any proceedings or actions as provided by law.
IV-a.
Privilege for and Confidentiality of Reports and Ancillary Information.
(a) Except as provided in subparagraph IV(d) and in this subparagraph, all documents, materials, or other information, including, but not limited to, models or products provided by an entity separate from and not under direct or indirect corporate control of the company using the model or product, working papers, complaint logs, and copies thereof created, produced or obtained by or disclosed to the commissioner or any other person in the course of an examination made under this title, or in the course of analysis by the commissioner of the financial condition or market conduct of a company shall not be made public by the commissioner or any other person and shall be 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 admissible in evidence in any private civil action. The commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the commissioner's official duties.
(b) Documents, materials, or other information, including, but not limited to, all working papers, and copies thereof, in the possession or control of the National Association of Insurance Commissioners and its affiliates and subsidiaries shall be confidential by law and privileged, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action, if they are:
(1) Created, produced, or obtained by or disclosed to the National Association of Insurance Commissioners and its affiliates and subsidiaries in the course of the National Association of Insurance Commissioners and its affiliates and subsidiaries assisting an examination made under this chapter, or assisting a commissioner in the analysis of the financial condition or market conduct of a company; or
(2) Disclosed to the National Association of Insurance Commissioners and its affiliates and subsidiaries under subparagraph (b)(1) by a commissioner.
(c) For the purposes of subparagraph (b), this chapter includes the law of another state or jurisdiction that is substantially similar to this chapter.
(d) Neither the commissioner nor any person who received the documents, material, or other information while acting under the authority of the commissioner, including the National Association of Insurance Commissioners and its affiliates and subsidiaries, shall be permitted to testify in any private civil action concerning any confidential documents, materials, or other information subject to subparagraphs (a) and (b).
(e) In order to assist in the performance of the commissioner's duties, the commissioner:
(1) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subparagraphs (a) and (b), with other state, federal, and international regulatory agencies including the Bank for International Settlements, with the International Association of Insurance Supervisors or the National Association of Insurance Commissioners and their affiliates and 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, communication, or other information.
(2) May receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory and law enforcement officials of 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
(3) May enter into agreements governing sharing and use of information consistent with this subparagraph.
(4) May disclose the content of an examination report, preliminary examination report or results, or any matter relating thereto relative to workers' compensation audits, to the department of labor, and all such information or matter relating thereto in the possession or control of the department of labor shall be confidential by law and privileged, shall not be subject to disclosure under RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.
(f) 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 paragraph or as a result of sharing as authorized in subparagraph (e).
(g) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this paragraph shall be available and enforced in any proceeding in, and in any court of, this state.
(h) In this paragraph "department," "insurance department," "law enforcement agency," "regulatory agency," and the "National Association of Insurance Commissioners" include, but are not limited to, their employees, agents, consultants, and contractors.
V. [Repealed.]
VI. [Repealed.]
VII.
Examination Expense. The insurer or other person examined pursuant to this section shall bear the expense of the examination. Such expense shall be limited to expenses charged pursuant to RSA 400-A:37, III(d) and a reasonable per diem allowance for compensation and expenses for state employee examiners as determined by the commissioner. As to the per diem expense allowance and compensation allowance involved in any such examination, the commissioner may give due consideration to scales and limitations recommended by the National Association of Insurance Commissioners and outlined in the examination manual sponsored by that association. Provided, however, that if upon examination of any person specified in RSA 400-A:37, II(a) the commissioner shall determine that such person is not in violation of the provisions of Title XXXVII or applicable regulations, the expense of the examination shall be borne by the department.
VIII.
State Employee Examiners. Notwithstanding any other provision of law, the insurer or other person liable for the travel expense of an examination pursuant to RSA 400-A:37, VII shall make such payment either directly to the state employee examiner conducting the examination, whether or not such individual is in the classified system, or to the state of New Hampshire, as may be directed by the commissioner. The commissioner may direct that the travel expense allowance be paid directly to the individual conducting the examination. The compensation allowance charged for work by state employee examiners shall be paid directly to the state. The amounts paid directly to individuals conducting the examination pursuant to this paragraph may be in excess of any amounts that may be appropriated for such purposes.
IX.
Immunity From Liability.
(a) No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner's authorized representatives, or an examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this chapter.
(b) No cause of action shall arise, nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative, or examiner pursuant to an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.
(c) This paragraph shall not abrogate or modify in any way common law or statutory privilege or immunity heretofore enjoyed by any person identified in subparagraph (a).
(d) A person identified in subparagraph (a) shall be entitled to an award of attorney's fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander or any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For the purposes of this paragraph, a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time that it was initiated.
Source. 1971, 244:1. 1979, 40:1. 1983, 371:1. 1992, 288:4 to 6. 1993, 254:1. 2000, 166:2. 2004, 155:1-4. 2007, 255:6, 7. 2009, 186:1-7, I, II. 2012, 100:5. 2017, 170:1, eff. Aug. 27, 2017. 2019, 102:1, eff. Aug. 20, 2019. 2022, 42:2, eff. July 2, 2022.
Section 400-A:38
400-A:38 Repealed by 1975, 500:4, eff. Sept. 22, 1975. –
Section 400-A:39
400-A:39 Administration Fund. –
I. There is hereby established in the state treasury an administration fund for the sole purpose of paying all costs of the office of the commissioner. The fund shall be administered by the commissioner. The state treasurer shall be the custodian of the fund and all moneys and securities in the fund shall be held in trust by the state treasurer and shall not constitute money or property of the state.
II. For the purposes of this section, "affiliate" shall be as defined in RSA 401-B:1, I.
III. The state treasurer is authorized to disburse moneys from the fund upon written order of both the insurance commissioner and commissioner of administrative services in accordance with a budget approved by the general court. The state treasurer shall be required to give bond in an amount to be fixed and with securities approved by the insurance commissioner conditioned upon the faithful performance of his or her duty as custodian of the fund.
IV. Each insurer licensed to do business in this state, including nonprofit health services corporations organized pursuant to RSA 420-A, health maintenance organizations organized pursuant to RSA 420-B, Delta Dental Plan of New Hampshire regulated pursuant to RSA 420-F, and multiple-employer welfare arrangements licensed pursuant to RSA 415-E, shall make payments to the fund each year of its pro rata share of the fiscal year's costs of the office of the commissioner to be appropriated out of the fund. Such share is to be computed in accordance with paragraphs V and VI of this section.
V. For each year, the total amount of such payments made to the fund by all such insurers shall be an amount that, when combined with any available fund balance, is not less than the amount appropriated by the general court for the expenses of the office of the commissioner for the fiscal year commencing on the July 1 in which the payments are due.
VI. The amount payable each year by each such insurer shall be computed by the commissioner as follows:
(a) Based on the annual statement filed in such year by each insurer under RSA 400-A:31, RSA 420-A:20, RSA 420-B:9, RSA 420-F:9, or other financial statement filed under RSA 415-E:11, the commissioner shall ascertain each insurer's amount of gross direct premiums written, including policy, membership and other fees, service charges, policy dividends applied in payment for insurance, and all other considerations for insurance originating from policies covering property, subjects, or risks located, resident or to be performed in New Hampshire after deducting return premiums and dividends actually returned or credited to policyholders. The premium for Medicaid managed care coverage provided by a health carrier contracting with the department of health and human services under RSA 126-A:5, XIX shall not be included in an insurer's assessable premium, except where that coverage is provided through the purchase of insurance coverage pursuant to the New Hampshire granite advantage health care program under RSA 126-AA. If any such insurer does not otherwise timely provide the commissioner with the information necessary for such ascertainment, it shall do so on or before May 1 of each year.
(b) The commissioner shall total the amounts ascertained for all such insurers under subparagraph (a) so that the commissioner has a total for each nonaffiliated individual insurer and for each group of affiliated insurers.
(c) If the total, determined in subparagraph (b), for any nonaffiliated individual insurer or for any group of affiliated insurers exceeds the maximum allowable assessable premium amount, the commissioner shall effect an adjustment.
(1) The maximum allowable assessable premium amount shall be $200,000,000 for assessments based on premiums reported in the calendar 2000 annual statements or other financial statement submitted in compliance with RSA 415-E:11. The maximum allowable assessable premium amount shall increase each year based on the change in the Consumer Price Index, all items, as published by the United States Department of Labor Statistics or any successor or substitute index generally used to determine the purchasing power of the United States dollar and adopted by the commissioner through regulation. For calendar years after 2000, the ratio of:
(A) the index for the period 2 years prior to the calendar year in question to
(B) the index for 1998 shall be multiplied by $200,000,000 and rounded to the nearest million to obtain the maximum allowable assessable premium amount.
The commissioner shall never implement an adjustment to the maximum allowable assessable premium amount that would cause it to decrease from the prior year.
(2) The commissioner shall adjust each insurer's assessable premium from that calculated in subparagraph (a) by multiplying the amount ascertained in subparagraph (a) by the ratio of the maximum allowable assessable premium amount ascertained in subparagraph (c)(1) to the greater of the premium amount ascertained in subparagraph (b), or the maximum allowable assessable premium amount ascertained in subparagraph (c)(1).
(d) The commissioner shall total the adjusted amounts ascertained for all such insurers under subparagraph (c).
(e) For each such insurer, the commissioner shall determine the percent that the amount ascertained for it under subparagraph (c) is of the total amount ascertained for all such insurers under subparagraph (d).
(f) For each such insurer, the commissioner shall multiply the percent ascertained for it under subparagraph (e) by the sum of the amount indicated by paragraph V plus all credits applied pursuant to RSA 400-A:10, III, RSA 400-A:36, X, or RSA 401-C:7, II. The amount resulting, less any credits for which the insurer is eligible under RSA 400-A:10, III, RSA 400-A:36, X, or RSA 401-C:7, II, shall be the administrative fee for such insurer, provided that the minimum administrative fee payable by any such insurer shall be $100.
VII. At the close of each fiscal year, the commissioner shall review the department's actual expenditures against funds collected. Total assessments shall not exceed the amount appropriated to the fund. The commissioner shall not be required to return previously collected assessments. The balance in the fund at the beginning of the new fiscal year shall proportionately be used to reduce future assessments under this section.
VIII. The commissioner shall perform the calculations required by this section and notify each insurer of the insurer's assessment payable under this section as soon as practicable after July 1 of each year. The commissioner shall provide notice to the insurer by electronic means as specified by the commissioner. The notice shall be deemed to have been given when emailed to the insurer at the insurer's email address on file with the department. The copy of the email shall be prima facie evidence that notice has been provided.
IX. The commissioner shall be charged with the conservation of the assets of the fund. In furtherance of this purpose, the attorney general shall appoint a member of his or her staff to represent the fund in all proceedings brought to enforce payment of assessments as provided in paragraph VI.
X. This section shall not apply to fraternal benefit societies or town mutual insurance companies.
XI. Any insurer that does not pay amounts due under this section within 45 days of the billing date shall incur a late payment penalty contingent upon the number of days that have passed since the due date. For late payments received 1-30 days after the due date, the penalty fee shall be 3 percent of the amount of tax due. For late payments received 31-60 days after the due date, the penalty fee shall be 6 percent of the amount of tax due. For late payments received more than 60 days after the due date, the penalty fee shall be 12 percent of the amount of tax due.
XII. The commissioner shall restrict the authority of any insurer, who does not pay amounts due under this section within 90 days of the billing date, to servicing existing in-force business only.
XIII. For any insurer, who does not pay amounts due under this section within 180 days of the billing date, the commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state.
XIV. The commissioner may adopt rules that provide for the administration of this section in accordance with state agency accounting principles and practices.
Source. 1981, 111:2. 1985, 225:2; 316:1, 2; 399:3, I. 1989, 186:1. 1991, 246:2. 2001, 52:1. 2015, 276:257. 2017, 218:5, eff. July 10, 2017. 2018, 342:18, eff. Dec. 31, 2018. 2019, 179:2, eff. Jan. 1, 2020. 2022, 141:1, eff. Aug. 6, 2022. 2023, 133:2, eff. Aug. 29, 2023.
Section 400-A:39-a
400-A:39-a Repealed by 2004, 161:7, eff. Jan. 1, 2010. –
Section 400-A:39-b
400-A:39-b Review and Evaluation of Proposed Insurance Mandated Benefit Proposals Under RSA 281-A, RSA 415, RSA 420-A, and RSA 420-B. –
I. The commissioner is authorized to contract for an external review and evaluation of any mandated benefit.
II. Whenever a legislative measure containing a mandated benefit is proposed, the standing committee of either the house or the senate having jurisdiction over the proposal may refer the proposal to the insurance department for review and evaluation.
III. Upon a referral of a mandated benefit proposal from the standing committee of the house or the senate having jurisdiction over the proposal, or at the discretion of the commissioner, the insurance department shall conduct a review and evaluation of the mandated benefit proposal and shall report any results to the standing committee that has oversight of the mandated benefit. In the instance of a mandated benefit proposal affecting RSA 281-A, the review and evaluation by the insurance department shall be conducted in conjunction with input from the labor department.
IV. The report shall include, at a minimum and to the extent that information is available, the following:
(a) The social impact of mandating the benefit.
(b) The financial impact of mandating the benefit.
(c) The medical efficacy of mandating the benefit.
(d) The effects of balancing the social, economic, and medical efficacy considerations.
V. For the purposes of this section, a mandated benefit proposal is one that mandates insurance coverage for certain conditions, specific health services, specific diseases, or certain providers of health care services.
Source. 2010, 61:2, eff. May 18, 2010.
Office of Securities Regulation
Section 400-A:40 to 400-A:66
400-A:40 to 400-A:66 Repealed by 1991, 355:93, I, eff. July 1, 1991. –
Oversight Commission on Medical Cost Transparency
Section 400-A:67
400-A:67 Repealed by 2015, 227:2, eff. Nov. 1, 2016. –
Section 400-A:68
[RSA 400-A:68 repealed by 2023, 79:400, effective October 1, 2024.]
400-A:68 Redundancy Elimination Report. –
The department of insurance, in collaboration with the prescription drug affordability board established in RSA 126-BB, shall issue a report on the elimination of redundancies related to the collection, analysis, and reporting on prescription drug prices between the two organizations, including proposed legislation on such elimination, with the overarching goal of promoting efficiency and economy. This report shall be submitted to the health and human services oversight committee established in RSA 126-A:13, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before October 1, 2024.
Source. 2023, 79:399, eff. July 1, 2023.