CHAPTER Ins 400 FILINGS FOR LIFE,
ACCIDENT, AND HEALTH INSURANCE
Statutory
Authority: RSA 400-A:15
PART Ins 401 FORM AND RATE FILINGS
Ins 401.01 Purpose and Scope.
(a) The purpose of this chapter is to establish
standards and procedures for the filing of life, accident, and health insurance
forms to be used within the state to facilitate consumer understanding in the
purchase of life, accident, and health insurance and the coverages provided.
(b) This chapter shall apply to all licensed
writers of life, accident and health insurance in this state, including health
service organizations and health maintenance organizations, and shall also
apply to life settlement providers.
Source. #1900, eff 1-1-82; amd by #2372, eff 5-31-83;
ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss by #7016, INTERIM, eff
7-1-99, EXPIRED: 10-29-99
New. #8726, eff 9-18-06, EXPIRED: 9-18-14
New. #12126, eff 3-8-17
Ins 401.02 Definitions.
(a) "Commissioner" means
the insurance commissioner.
(b) "Department" means the New
Hampshire insurance department.
(c) "NAIC" means the National
Association of Insurance Commissioners.
(d)
"System for Electronic Rate and Form Filing" (SERFF) means the
system for electronic rate and form filing supported by the NAIC.
Source. #1900, eff 1-1-82; amd by #2049, eff 7-l-82;
amd by #2226, eff 1-1-83; amd by #2372, eff 6-1-83; ss by #4287, eff 7-1-87; ss
by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
New. #8726, eff 9-18-06; amd
by #9334, eff 12-5-08; paras. (a)-(d) EXPIRED: 9-18-14; ss by #12126, eff 3-8-17
Ins 401.03 Policy Definition
Requirements.
(a) Except as provided in
this part, an individual insurance policy or group insurance policy or
certificate delivered or issued for delivery to any person in this state and to
which this part applies shall contain definitions respecting matters set forth
below that comply with the requirements of this section.
(b) “Accident,” “accidental injury,” and
“accidental means” shall be defined to employ “result” language and shall not
include words that establish an accidental means test or use words such as
“external, violent, visible wounds” or similar words of description or
characterization;
(1) The definition shall not be more
restrictive than the following: “injury”
or injuries” means accidental bodily injury sustained by the insured person
that is the direct cause of the condition for which benefits are provided,
independent of disease or bodily infirmity or any other cause and that occurs
while the insurance is in force; and
(2) The definition may provide
that injuries shall not include injuries for which benefits are provided under workers’
compensation, employers’ liability or similar law or injuries occurring while
the insured person is engaged in any activity pertaining to a trade, business,
employment or occupation for wage or profit.
(c) “Convalescent nursing home,” “extended care
facility,” or “skilled nursing facility” shall be defined in relation to its
status, facility, and available services, and:
(1) A definition of the home or
facility shall not be more restrictive than one requiring that it:
a. Be operated pursuant to law;
b. Be approved for payment of
Medicare benefits or be qualified to receive approval
for payment of Medicare benefits, if so requested;
c. Be primarily engaged in
providing, in addition to room and board accommodations,
skilled nursing care under the supervision of a duly licensed physician;
d. Provide continuous 24
hour-a-day nursing service by or under the supervision of a
registered nurse; and
e. Maintain a daily medical record
of each patient; and
(2) The definition of the home or
facility may provide that the term shall not be inclusive of:
a. A home, facility, or part of a
home or facility used primarily for rest;
b. A home or facility for the aged
or for the care of drug addicts or alcoholics; or
c. A home or facility primarily
used for the care and treatment of mental diseases or disorders, or for
custodial or educational care.
(d) “Hospital” may be defined in relation to its
status, facilities, and available services or to reflect its accreditation by
The Joint Commission on Accreditation of Healthcare Organizations.
(1) The definition of the term
“hospital” shall not be more restrictive than one requiring that the hospital:
a. Be an institution licensed to
operate as a hospital pursuant to law;
b. Be primarily and continuously
engaged in providing or operating, either on its premises or in facilities
available to the hospital on a prearranged basis and under the supervision of a
staff of licensed physicians, medical, diagnostic, and major surgical
facilities for the medical care and treatment of sick or injured persons on an
in-patient basis for which a charge is made; and
c. Provide 24-hour nursing service
by or under the supervision of registered nurses; and
(2) The definition of the term
“hospital” may state that the term shall not be inclusive of:
a. Convalescent homes or
convalescent, rest, or nursing facilities;
b. Facilities affording primarily
custodial, educational, or rehabilitory care;
c. Facilities for the aged, drug
addicts, or alcoholics; or
d. A
military or veterans’ hospital, a soldiers’ home, or a hospital contracted for
or operated by any national government or governmental agency for the treatment
of members or ex-members of the armed forces, except for services rendered on
an emergency basis where a legal liability for the patient exists for charges
made to the individual for the services.
(e) “Medicare” means The Health Insurance for the
Aged Act, Title XVIII of the Social Security Amendments of 1965 as Then
Constituted or Later Amended.
(f) “Mental or nervous disorder” shall not be
defined more restrictively than a definition including neurosis,
psychoneurosis, psychosis, or mental or emotional disease or disorder of any
kind.
(g) “Nurse” may be defined so that the
description of nurse is restricted to a type of nurse, such as a registered
nurse, a licensed practical nurse, or a licensed vocational nurse. If the words “nurse,” “trained nurse” or
“registered nurse” are used without specific instruction, then the use of these
terms requires the insurer to recognize the services of any individual who
qualifies under the terminology in accordance with the applicable statutes or
administrative rules of the licensing or registry board of the state.
(h) “One period of confinement” shall not be
defined more restrictively than consecutive days of in-hospital services received
as an in-patient, or successive confinements when discharge from and
readmission to the hospital occurs within a period of time not more than 90
days or 3 times the maximum number of days of in-hospital coverage provided by
the policy to a maximum of 180 days.
(i) “Partial disability” shall be defined in
relation to the individual’s inability to perform one or more but not all of
the “major,” “important,” or “essential” duties of employment or occupation, or
may be related to a percentage of time worked or to a specified number of hours
or to compensation.
(j) “Physician” may be defined by including words
such as “qualified physician” or “licensed physician.” The use of these terms requires an insurer to
recognize and to accept, to the extent of its obligation under the contract,
all providers of medical care and treatment when the services are within the
scope of the provider’s licensed authority and are provided pursuant to
applicable laws.
(k) “Preexisting condition”:
(1) With respect to disability
insurance, preexisting condition shall not be defined more restrictively than
the following: “Preexisting condition
means the existence of symptoms that would cause an ordinarily prudent person
to seek diagnosis, care, or treatment within a 24-month period preceding the
effective date of the coverage of the insured person or a condition for which
medical advice or treatment was recommended by a physician within a 24-month
period preceding the effective date of the coverage of the insured person”;
and
(2) With respect to other insurance, preexisting condition shall not be
defined more restrictively than the following:
“Preexisting condition means the existence of symptoms that would cause
an ordinarily prudent person to seek diagnosis, care, or treatment within a
6-month period preceding the effective date of the coverage of the insured
person or a condition for which medical advice or treatment was recommended by
a physician within a 6-month period preceding the effective date of the coverage of the insured person.”
(l) “Sickness” shall not be defined to be more
restrictive than the following:
“Sickness means sickness or disease of an insured person that first
manifests itself after the effective date of insurance and while the insurance
is in force.” The definition may be
further modified to exclude sickness or disease for which benefits are provided
under the workers’ compensation, occupational disease, employer’s liability or
similar law. Probationary periods shall
not apply to policies or certificates issued pursuant to RSA 420-G.
(m) “Total disability”:
(1) A general definition of total
disability shall not be more restrictive than one requiring that
the individual who is totally disabled not be engaged in any employment
or occupation for which he or she is or becomes qualified by reason of
education, training, or experience, and is not in fact engaged in any
employment or occupation for wage or profit;
(2) Total disability may be
defined in relation to the inability of the person to perform duties but shall
not be based solely upon an individual’s inability to:
a. Perform “any occupation
whatsoever,” “any occupational duty,” or “any and every duty of his
occupation;” or
b. Engage in a training or
rehabilitation program;
(3) An insurer may require the
complete inability of the person to perform all of the substantial and material
duties of his or her regular occupation or words of similar import; and
(4) An insurer may require care by
a physician other than the insured or a member of the insured’s immediate
family.
Source. #12126, eff 3-8-17; amd
by #12882, eff 9-30-19
Ins 401.04 Rules Applicable to All Forms.
(a)
Each form shall be designated by a form number composed of either
figures or letters or both.
(1) The form number shall be:
a. Sufficient to distinguish the form from all
other forms used by the company; and
b. Placed in the lower left-hand corner on the
front of each form;
(2) The form number for a policy form may contain
the prefix "Form No.";
(3) Policy forms utilizing less than a full sheet
as the face page or cover page shall place the form number in the lower
left-hand corner of the specifications page; and
(4) Any time any change is made, the form shall
be resubmitted as a new form with a new form number.
(b) Each policy and certificate shall recite on
the back page or specifications page the:
(1) Full corporate or legal title of the company,
association, exchange, or society;
(2) Official home address, including city and
state or province;
(3) Administrative office address, if different
from address in (2) above; and
(4) Toll-free telephone number of the company and, if available, a facsimile
number and website address.
(c)
Each policy and certificate shall provide a brief description of the
nature of the policy, as follows:
(1) The brief description shall be printed on:
a. The face page, specifications page, or the
back page, if the policy form has a full size cover page; or
b. On the specifications page so that the description
is visible, if the policy form has less than a full size cover page; and
(2) In the instance of individual life or
individual annuity contracts, the brief description shall contain a statement indicating whether the
policy is "participating" or "nonparticipating".
(d) The words, "preferred,"
"special," "unlimited," "union,"
"labor," "New Hampshire," or any other words or
combination of words shall not be used in any way that might reasonably cause
anyone to believe that they are receiving or shall receive preferential
treatment unless that person is, in fact, receiving preferential treatment or
will receive preferential treatment.
(e)
No policy or group certificate providing accident and health insurance
benefits shall use the terms "major," "comprehensive,"
"catastrophic" or words of similar import in its title or brief
description unless such policy or certificate satisfies the minimum benefit
standards for major medical expense coverage.
(f) The word "compensation" shall not be used in any way
that might reasonably cause the policyholder to be confused with workers'
compensation coverage.
(g)
The word
"medicare" shall not be used in any way that might reasonably cause
anyone to believe that the policyholder is participating in a government
program.
(h)
If the policy contains an exception for injury arising out of riots, the
exception shall be confined to those instances in which the insured is injured
while participating in such riot.
(i) Any policy or certificate that contains
exclusions, limitations, reductions, or conditions of such a restrictive nature
that the payment of benefits under such policies is limited in frequency or in
amounts shall carry the legend "This is a Limited Policy - Read it
Carefully" imprinted across the face and filing back, if any, of the
policy in not less than 18-point outline type of contrasting color, not less
than 24-point outline type of non-contrasting color diagonally, or not less
than 24-point bold within a black border.
(j)
Any provision, requirement, or other document standard contained in this
part shall not act to prevent the use of any other language that is at least as
favorable to any insured or group policyholder.
(k)
Except as otherwise
specifically provided by New Hampshire statutes or this part, any contract or
policy of insurance or annuity contract issued, delivered, used, or sold in
this state that violates any of the provisions of New Hampshire statutes or
this part shall be:
(1) Valid and binding upon the insurer making or
issuing the policy; and
(2) Enforceable as if it conformed to such
requirements or prohibitions.
(l)
Discretionary clauses
relating to life, accident, or health policies shall be approved by the
department only when such clauses:
(1) Are contained in a separate endorsement
containing no other language, terms or provisions;
(2) Are offered on an optional basis to the plan
sponsor;
(3) Implement a policy governed by the Employment
Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. and those policies contain the
following language:
"The
following applies only when the administration of the policy is governed by the
Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq.:
Under ERISA, [the
Company] is hereby designated by the plan sponsor as a claim fiduciary with
discretionary authority to determine eligibility for benefits and to interpret
and construe the terms and provisions of the policy. As claim fiduciary, [the Company] has a duty
to administer claims solely in the interest of the [participants and
beneficiaries] of the employee benefit plan and in accordance with the
documents and instruments governing the plan. This assignment of discretionary
authority does not prohibit a participant or beneficiary from seeking judicial
review of [the Company's] benefit eligibility determination after exhausting
administrative remedies. The assignment
of discretionary authority made under this provision may affect the standard of
review that a court will use in reviewing the appropriateness of [the
Company's] determination. In order to
prevail, a plan participant or beneficiary may be required to prove that [the
Company's] determination was arbitrary and capricious or an abuse of
discretion"; and
(4) Pursuant to (l)(3) above, if a health
carrier, as this term is defined in RSA 420-J:3, is a claim fiduciary, the
following sentence shall be included at the end of the second paragraph in
(l)(3) above,:
"This
designation as a claim fiduciary under ERISA does not apply to determinations that
health carriers make as to whether a health care service, supply, or drug meets
requirements for medical necessity, appropriateness, health care setting, level
of care, or effectiveness."
(m)
Policies providing disability income protection shall not in any way
condition benefit payments for
"total disability" on "continuous confinement within doors"
or language of similar import.
(n)
Short term major medical
shall comply with RSA 415:5, III.
(o)
All policy forms and certificates issued on or after January 1, 2010,
that provide coverage as defined in RSA 420-G:2, IX or prescription drug and
dental benefits offered separately as described in RSA 420-G:2, IX(j), issued
on or after January 1, 2010, shall clearly state that the benefit plan or
coverage represented by the policy is under the jurisdiction of the New
Hampshire insurance commissioner pursuant to RSA 400-A:15-c.
(p) All policy forms filed with the commissioner
shall be written in the English language.
(q)
An insurer may also provide applicants and insureds with a
policy, application, or other forms in a language other than English if the
non-English version of the policy, application, or other form, that has not
been reviewed by the commissioner:
(1) Is a certified translation of a policy,
application, or other form that has been filed with and approved by the
commissioner;
(2) Is accompanied by a certification written in
English that the non-English version is a complete and accurate translation of
the English form filed;
(3) Is in the same format as the English version;
(4) Contains a disclosure, both in the
non-English language and in English, that is attached to the front of the
policy, application, or other forms, including a statement that:
a. The policy, application, or other form is a
translation that has not been approved by the commissioner; and
b. The English version of the policy, application,
or other forms shall control in any disputes, complaints, or litigation; and
(5) Identifies the English form number that
corresponds to the non-English version.
(r)
If an insurer offers a non-English policy, application, or other form in
accordance with (q), the insurer shall file the translator certification and
disclosure required by (q)(2) and (q)(4) with the commissioner as an
information filing.
(s)
This paragraph shall not prohibit an insurer from advertising or
providing information related to the policy or claims with translations to
consumers in a language other than English.
(t)
If there is a dispute between the English version and the non-English
version, the English version shall control and the non-English version shall carry
a disclaimer in the non-English language to this effect. The insurance policy is controlling and any
advertisements or informational materials used by an insurer shall not be
construed to modify or change the insurance policy.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87; amd by #5117, eff 5-1-91; ss by #5653, eff 7-1-93; ss by
#7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
New. #8726, eff 9-18-06; amd
by #9602, eff 12-1-09; amd by #10195, eff 10-1-12;
paras. (a)-(n) EXPIRED: 9-18-14; ss by #12126, eff 3-8-17
(from Ins 401.03)
Ins 401.05 Individual Life and Annuity Contracts.
(a)
All individual life
policies and individual annuity contracts shall contain the following
provisions:
(1) All premiums shall be payable in advance
either at the home office of the company or to the company's appointed producer
upon delivery of the policy or contract, and:
a. If requested, the policy or contract shall be
signed by one or more of the officers of the company who shall be designated by
title in the policy, and countersigned by the appointed producer; and
b. The policy itself shall be a receipt
for the first premium payment;
(2) There shall be a grace period of 31 days
within which the payment of any premium after the first payment may be made,
during which period of grace:
a. The policy shall continue in force;
b. The amount of such premiums in arrears plus
accrued interest, at a rate not exceeding the policy loan rate, shall be
deducted from any claim arising in such period; and
c. This premium provision shall not be
applicable to single premium contracts, or to flexible payment annuity
contracts that do not default upon nonpayment of premium;
(3) For flexible premium life policies, there
shall be a provision for a grace period beginning on the policy
processing day when the total charges authorized by the policy that are
necessary to keep the policy in force until the next policy processing day
exceed the amounts available under the policy to pay such charges in accordance
with the terms of the policy. The grace
period shall end on a date not less than 61 days after the mailing of the
notice to the policyholder pursuant to Ins 401.10(f), below;
(4) There shall be provisions addressing
cancellation of the policy and refund of unearned premium, provided however, if
the policy provides for no refund of paid premium, the cancellation date shall
be set, at earliest, on the first day the next premium payment would
otherwise be due and owing;
(5) The entire contract between the parties shall
consist of the policy together with a copy of the signed and completed
application;
(6) No statement made by the insured or on his
behalf shall be used in defense of a claim under the policy unless it is
contained in a written application and a copy endorsed upon or attached to the
policy when issued;
(7) All statements made by, or by the authority
of, the applicant for the issuance, reinstatement, or renewal of the contract
shall, in the absence of fraud, be deemed representations and not warranties;
(8) Pursuant to the provisions of RSA 408:10, the
policy shall be incontestable after it has been in force during the lifetime of
the insured for 2 years from its date, except for:
a. The nonpayment of premiums;
b. Violations of the policy relating to naval or
military service in time of war; or
c. At the option of the company:
1. Provisions granting or
increasing benefits in the event of total and permanent disability; and
2.
Provisions that grant additional insurance specifically against death by
accident;
(9) An incontestable provision shall not be
required in any policy or contract where the only statements required as a
condition of issuing the contract are those pertaining to age, gender, and
personal identity;
(10) If the insured's age or gender has been
misstated, any benefit under the policy shall be such as the premiums would
have purchased for the correct age or gender; and
(11) The policy or contract shall participate in
its share of the divisible surplus of the company at annual intervals that
begin no later than the fifth policy year, unless such policies or contracts
are nonparticipating, issued as
sub-standard, or provide nonforfeiture benefits in exchange for lapsed or
surrendered policies or contracts.
(b)
Policy loan values and policy loan provisions for individual life
insurance and annuities shall provide that:
(1) After the policy has been in force for 3 full
years with all premiums due having been paid, the insurer shall advance an
amount up to but not exceeding the loan value of the policy upon proper
assignment or pledge of the policy and on the sole security thereof;
(2) The loan value shall be at least equal to the
cash surrender value available at the end of the policy year, less the sum of
premiums falling due from the date of the loan to the end of the policy year,
less any existing indebtedness, less the interest on any existing indebtedness
to the end of the policy year;
(3) Interest due at the end of the policy year,
if not paid when due, shall be added to the existing loan payable at the same
interest rate as the existing loan or in advance at the equivalent effective
rate;
(4) Policy provisions reserve to the insurer the
right to defer loan grants for
up to 6 months after the application is filed, other than for the payment of
premiums;
(5) The provisions of Ins 401.05 (b)(1) and (2) shall
not be applicable to term insurance or to any policy or contract of pure
endowment, variable annuity, annuity, or reversionary annuity; and
(6) The provisions of Ins 401.05 (b)(1) and (2)
shall not be construed as prohibiting policy loan provisions in any annuity
contract.
(c)
Rates of interest charged on life insurance policy loans shall provide:
(1) A provision permitting a maximum interest
rate of not more than 8 percent per annum;
(2) A provision permitting an adjustable maximum
interest rate established from time to time by the life insurer, which interest
rate shall not exceed the higher of a. or b. below:
a. The published monthly average
for the calendar month ending 2 months before the date on which the rate is
determined. For purposes of this rule,
"published monthly average" means the Moody's Corporate Bond Yield
Average - Monthly Averages Corporates as published by Moody's Investors
Service, Inc. and available as referenced in Appendix B; or
b. The rate used
to compute the cash surrender values under the policy during the applicable
period plus one percent per annum;
(3) If the maximum rate of interest to be charged
on a policy loan is subject to (2) above, the policy shall contain a provision
setting forth the frequency at which the rate is to be determined for that
policy;
(4) If the maximum rate of interest to be charged
on a policy loan is subject to (2) above, the maximum rate for each policy
shall be determined:
a. At regular intervals at least once every 12
months, but not more frequently than once in any 3-month period;
b. At the intervals specified in the policy, wherein
the rate being charged may be increased whenever such increase as determined
pursuant to (2) above would increase that rate by 1/2 percent or more per
annum; and
c. At the same intervals, wherein there is a reduction in the rate
being charged whenever such reduction as determined pursuant to (2) above would
decrease the rate being charged by 1/2 percent or more per annum;
(5) The insurer shall:
a. Notify the policyholder at the time a cash
loan is made of the initial rate of interest on the loan;
b. Notify the policyholder with respect to
premium loans of the initial rate of interest on the loan as soon as it is
practical to do so after making the initial loan. Notice to the policyholder shall not be
required when a further premium loan is added, except as provided in c. below;
c. Send advance notice of any increase in the
rate to policyholders with outstanding loans; and
d. Include in the notices required in c. above
the policy loan interest rates and, if an adjustable interest rate, the
frequency at which the rate will change;
(6) No policy shall terminate nor shall the
insurer deny or fail to provide coverage during the policy term solely as a
result of a change in the policy loan interest rate, and the life insurer shall
maintain coverage during that policy year until the time at which the policy
would otherwise have terminated if there had been no change during that policy
year; and
(7) For purposes of this paragraph:
a. The rate of interest on policy loans
permitted by the rules stated above includes the interest rate charged on
reinstatement of policy loans for the period during and after any lapse of a
policy;
b. The term "policy loan" shall
include any premium loan made under a policy to pay one or more premiums that
were not paid to the life insurer as they fell due;
c. The term "policyholder" shall
include the owner of the policy or the person designated to pay premiums as
shown on the records of the life insurer; and
d. The term "policy" shall include certificates
issued by a fraternal benefit society and annuity contracts that provide for
policy loans.
(d) Upon the request of the policyholder, unless
the cash surrender value of a permanent life insurance policy has been paid out
in full or the period of extended insurance has expired, any life insurance
policy shall be reinstated during the life of the insured anytime within 3
years of the date of default if:
(1) Evidence of insurability satisfactory to the
insurer is provided to the insurer;
(2) Payment is tendered to the insurer in an
amount not to exceed the larger of:
a. The sum of:
1. Overdue premiums, including interest at a
rate not to exceed 8 percent per annum, compounded annually; and
2. Any outstanding policy loans, including interest
at a rate that would be permitted under this rule if the policy had not lapsed;
or
b. One hundred ten percent of the increase in
cash surrender value resulting from reinstatement.
(e)
Term life insurance policies shall provide for reinstatement subject to
the same requirements set forth in (d)(1) and (2)a.1. and b. above, any time
during the life of the insured and prior to the policy expiration date.
(f) Except for funding agreements, the following provision
or its equivalent shall appear in a conspicuous place on the face page of the
policy:
"This policy may, at any time
within 10 days after its receipt by the policyholder, be returned by delivering
it or mailing it to the company or to the agent through whom it was
purchased. Immediately upon delivery or
mailing, the policy will be deemed void from the beginning, and any premium
paid on it will be refunded."
(g) For purposes of (f) above, a "funding
agreement" means an agreement issued by a life insurance company, not
based on mortality or morbidity, providing for the accumulation of funds by the
insurer for the purpose of making one or more payments to a designated
individual or entity, where the initial premium paid is $1,000,000 or more.
(h)
Unless the insurer has adopted a procedure to obtain a policyholder's
dated and signed receipt for the delivery of the policy pursuant to (f) above,
it shall be presumed that the date of delivery is the date shown in the
policyholder's records or by his memory unless there is evidence sufficient to
void this presumption.
(i) Life insurance policies designed to permit
increases or decreases in the premiums payable shall state in the policy the
maximum premium or the schedule of maximum premiums applicable for the entire
duration of the policy.
(j)
Supplemental contracts shall be subject to all insurance laws and parts
that would be applicable to accident and health insurance forms containing
similar provisions or benefits.
(k)
Arbitration provisions shall be prohibited.
(l)
Graded death benefits life insurance policies shall pay the policy face
value after 2 years of premium payments.
(m)
The following exclusions shall be the only exclusions permitted in an
individual life policy or individual annuity contract:
(1) Except for those exclusions that relate to
accidental death benefits, any policies that contain any exclusions violating
this part shall be operative as if such prohibited exclusions were not
included;
(2) Policy exclusion provisions shall:
a. Contain language substantially similar to the
language of the following subclauses;
b. Be set out in a separately titled policy
section; and
c. Prominently display reference to exclusion
(3)c. below in the letter of transmittal and on the policy face in type at
least as large as 12-point boldface type;
(3) If a policy includes an exclusion, it shall
contain only those exclusions listed below:
a. Death resulting from suicide within 2 years
of the issue date of the policy, or, if later, the last date on which
reinstatement was applied for in writing and accepted by the insurer;
b. Death resulting from a declared or undeclared
war, if death occurs:
1. While the insured is outside the 50 states of
the United States, D.C., and Canada and is in military service or a civilian
unit required to serve with a military force;
2. Within 6 months after the insured returns to
the United States, D.C., or Canada from military service or from service in a
civilian unit required to serve with a military force, provided the insured is
still in military service at the time of death; or
3. Within 6 months after the insured returns
from service in a civilian unit required to serve with a military force outside
the 50 states of the United States, D.C., or Canada, provided the insured is
still in such service at the time of death; and
c. Death as a result of aviation, other than as
a fare-paying passenger, or other than military personnel, except the crew,
aboard military multi-engine fixed wing air transports within the United
States; and
(4) In the event of death occurring from one of
the causes delineated in (3) above, the premium shall be returned in at least
the following manner:
a. The amount of
the gross premiums paid, less dividends applicable, and less any indebtedness
for policies up to and including 2 years from the date of issue; and
b. After 2 years from date of issue, the greater
of:
1. The reserve on the face amount of the policy
together with the reserve for any dividend additions, less indebtedness and
including interest; or
2. Due and accrued of gross premiums paid, less
dividends applicable, and less any indebtedness.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87; ss
by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
New. #8726, eff 9-18-06; amd
by #10195, eff 10-1-12; paras. (a) intro., (a)(1), (a)(2), (a)(4)-(10), (b)
intro., (b)(1)-(4), (c)-(e), and (h)-(m) EXPIRED: 9-18-14; ss by #12126, eff
3-18-17 (from Ins 401.04)
Ins 401.06 Individual Accident and Health.
(a)
Travel insurance policies shall comply with RSA 415:18, I-a(e) and Ins
4700. Long-term care policies shall comply
with RSA 415-D and Ins 3600. Medicare
supplemental insurance policies shall comply with RSA 415-F and Ins 1902 or Ins
1905. All other individual accident and
health policy forms submitted shall comply with the provisions of RSA 415 and RSA 415-A.
(b)
Additional policy form filing standards, with the exception of policies
regulated by Ins 3600, Ins 4700, Ins 1902, or Ins 1905, shall be as follows:
(1) If the policy provides for
any reduction in benefits or benefit period because of the attainment of a
specified age limit, reference thereto shall be set forth on the first or
specifications page;
(2) Loss of time policies shall not require that
the loss from accidental injury commence within less than 30 days after the
date of an accident;
(3) No policy of health and accident insurance
shall be approved that contains a provision that the disability period shall be
considered to commence with the date on which written notice is actually
received by the company;
(4) Noncancellable
policies with premium rates that are not presumed level but are expected to
change periodically with the insured's attained age shall include the entire
premium scale applicable to the insured;
(5) All other policies with premium rates that
are not presumed level but are expected to change periodically with the
insured's attained age shall not be required to include the entire premium
scale applicable to the insured but shall disclose on the face page or the
specifications page that the premium rates are subject to change based on the
attained age of the insured and also identify the attained ages at which such
changes will occur;
(6) With respect to policies where there exists
an option for continuation of coverage at a specified time after attainment of
age 65 or commencement of Medicare coverage, whichever is earlier, and where
the insurer reserves the right to change the coverages and/or the premium scale
for such continuation, such premium scale may be omitted from the policy;
(7) For the purposes of subparagraphs (5) and (6)
above, all conditions pertaining to the option of continuation of coverage and
any changes in coverage shall be contained in the policy;
(8) Except in those instances where riders are
prohibited by RSA 420-G:5 IV, any rider or endorsement that reduces or
eliminates coverage under the policy shall provide for signed acceptance by the
policyholder except in the case of a rider or endorsement that is used only at
the time of policy issue;
(9) Any individual accident and health policy
insuring against loss resulting from accidental bodily injuries only shall
specify on the face of the policy in no less than 14 point, bold face type,
"This policy does not insure against loss resulting from sickness";
(10) The following provision shall appear in a
conspicuous place on the face page of all accident and health policies:
"This policy
may, at any time within 30 days after its receipt by the policyholder, be returned
by delivering it or mailing it to the company or the agent through whom it was
purchased. Immediately upon such
delivery or mailing, the policy will be deemed void from the beginning, and any
premium paid on it will be refunded."
(11) Unless the insurer has adopted a procedure to
obtain a policyholder's dated and signed receipt for the delivery of the
policy, it shall be presumed that the date of delivery is the date shown by the
policyholder's records or by his or her memory;
(12) Any provision that excludes coverage by use
of the terms "chronic disease" or "organic disease" shall
not be permitted;
(13) Diseases sought to be excluded from coverage
shall be stated with sufficient clarity to be readily identifiable;
(14) Common terms such as "heart
disease," "pulmonary disease" or "disease of the generative
organs" shall be acceptable;
(15) A policy may:
a. Require that the insured incur expenses that
he or she is legally required to pay; and
b. Exclude charges that would not have been made
if no insurance existed;
(16) Where the insurer reserves the right to
cancel, the provisions of RSA 415:6, II (8) or RSA 420-G:6, VI or VII shall be
delineated in the policy;
(17) In order to close a block of business, the
insurer shall make such request in writing and include in such request:
a. The number of New Hampshire policies
currently in force;
b. An explanation of the classification of risk involved
therein to indicate that such classification is reasonable and
nondiscriminatory; and
c. Statistical data sufficient to indicate that
the cancellation or nonrenewal requested is reasonable and nondiscriminatory;
(18) With respect to all individual accident and
health policies, including those sold on a franchise basis, to which the refund
provisions of RSA 415:6, II(8) do not apply, the insurer shall provide:
a. A refund of unearned premium upon a request
for cancellation of the policy by the insured;
b. The period for which a refund is to be made
measured from the date the request for cancellation is received by the insurer,
or such later date as may be specified in the request, to the date to which
premiums have been paid;
c. A refund amount of not less than 80 percent
of the pro-rata unearned premium for such period; and
d. That no refund
need be made if premiums are payable monthly;
(19) In the event of any renewal rate increase,
insurers shall provide policyholders with prior notice of any such increase
such that:
a. A 30 days’ notice is provided for policies
subject to RSA 415, which are not subject to RSA 420-G provisions; and
b. A 60 days’ notice is provided for policies
subject to RSA 420-G; and
(20) All policies of accident and health insurance
shall define terms in the policy in a manner at least as favorable as the
policy definition requirements contained in Ins 401.03.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87;
ss by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
New. #8726, eff 9-18-06; amd
by #9334, eff 12-5-08; paras. (a),(b), intro., (b)(1)-(10) and (b)(12)-(13)
EXPIRED: 9-18-14; ss by #12126, eff 3-18-17
Ins 401.07 Group Life Policies.
(a)
The required provisions for group life policies shall be established in
RSA 408:16;
(b)
Other required policy standards shall be as follows:
(1) The policy shall apply to a group qualified
for such insurance as provided by RSA 408:15;
(2) All group life certificates filed with this
department shall provide for the identification of the individual(s) insured by
having the name(s) of the insured(s) stated on the certificate or any code in
the certificate sufficient to identify the insured(s);
(3) As an alternative to (2) above, any group
life certificate shall define eligibility and benefit amounts;
(4) Each employee insured under a form of group
life insurance shall be given evidence of his beneficiary in the certificate;
(5) In the case of a group life insurance plan that
contains a disability benefit extension of any type including, but not limited
to, premium waiver extension, extended death benefit in event of total
disability, or payment of income for a specified period during total
disability, the discontinuance of the group policy shall not operate to
terminate such extension;
(6) Coverage may be provided to dependents in a
contract of group life insurance pursuant to RSA 408:15, VIII and
IX; and
(7) Arbitration provisions shall be prohibited.
Source. #8726, eff 9-18-06; EXPIRED: 9-18-14
New. #12126, eff 3-18-17 (from Ins 401.06)
Ins 401.08 Group and Blanket Accident and Health.
(a)
Travel insurance policies shall comply with RSA 415:18, I-a(e) and Ins 4700. Long-term care insurance policies shall
comply with RSA 415-D and Ins 3600.
Medicare Supplemental insurance policies shall comply with RSA 415-F and
Ins 1902 or Ins 1905. Required
provisions for all other group accident and health insurance policies shall be
those established in RSA 415:18.
(b)
Other group accident and health policy standards, with the exception of
policies regulated by Ins 3600, Ins 4700, Ins 1902, or Ins 1905, shall be as
follows:
(1) Exclusions that are ambiguous or unfairly
discriminatory shall be prohibited;
(2) All master policies and certificates shall
contain a clear explanation as to continuance of coverage after termination of
the policy;
(3) No group accident and health policy shall
contain a provision for automatic termination of an individual's coverage upon
the happening of a loss, except a loss that has exhausted all possible benefits
under the policy;
(4) A certificate shall:
a. State the benefits applicable to the person
insured or state the schedule of benefits applicable to the class to which he
or she belongs; or
b. Define eligibility and benefit amounts
clearly enough for a person to determine whether he or she is an insured and
the amount of any benefits to which he or she is entitled;
(5) A policy may require that the insured:
a. Incur expenses that the insured is legally
responsible to pay for;
b. Exclude charges that would not have been made
if no insurance existed; and
c. Be responsible for non-covered services;
(6) All group certificates shall include a
complete statement of the policy provisions regarding coordination or
nonduplication of benefits in the event of other coverage;
(7) In the event of any renewal rate increase,
insurers shall provide policyholders with prior notice of any such increase
such that:
a. A 30 days’ notice is provided for policies
subject to RSA 415, which are not subject to RSA 420-G provisions; and
b. A 60 days’ notice is provided for policies
subject to RSA 420-G;
(8) Declination of renewal or termination of
insurance provisions shall be as follows:
a. No insurer shall decline to renew a group policy
unless the cause of its action is based on one or more of the reasons for
declination of renewal stated in the policy;
b. Any such reason
shall be stated in a group policy and shall be objective in nature;
c. Declination of renewal shall be defined so as
to include any termination of a group policy by the insurer for any reason
except for nonpayment of premiums; and
d. Notice of nonrenewal or termination of a
group policy by the insurer shall provide for at least 45 days prior notice,
except policies subject to RSA 420-G:6 VI. and VII;
(9) Non-duplication of coverage and subrogation
provisions shall be as follows:
a. Benefit provisions for group medical expense
insurance coverages may provide for non-duplication or coordination with any
plan or government program providing benefits or services for medical or dental
care and treatment;
b. All policies with non-duplication or
coordination of benefit provisions shall:
1. Clearly stipulate how these provisions will
be administered; and
2. Be at least as favorable to the insured as
the provisions of Ins 1904; and
c. Group policies providing medical expense
insurance coverages may include subrogation provisions or provisions that are
similar in their intent and purpose; and
(10) In no case shall the benefits provided under
the policy or the definitions contained in the policy be less favorable to the
insured than the minimum standards for individual accident and health benefits
set forth in RSA 415.
(c)
Medical expense policies and
certificates shall comply with preexisting condition requirements of RSA
420-G:7.
(d)
Group excess policies shall be prohibited.
(e)
The required provisions for blanket accident and health insurance
policies shall be those established in RSA 415:18.
(f)
Other blanket policy requirements shall be as follows:
(1) Except as provided in (2) below:
a. An individual certificate shall not be issued
to the person or persons who may receive
benefits under
group blanket accident and health coverage; and
b. A person or persons who receive benefits
under blanket policy shall not contribute directly to the premium payment for
the policy; and
(2) Blanket accident and health insurance shall
meet all requirements of individual limited benefit health insurance if
coverage:
a. Is issued to identified members or
subscribers;
b. Is based on individual enrollment; and
c. Provides that a certificate of coverage to
enrolled members shall be issued on an individual basis.
(g)
File and use provisions for complete filings shall be as follows:
(1) A form shall be deemed approved for use after
the form has:
a. Been received by the commissioner as
complete;
b. Been under review by the commissioner for at
least 30 days from the date of filing; and
c. Not been objected to or rejected by the
commissioner within 30 days from the date of filing;
(2) In order for a form to be deemed approved
pursuant to subparagraph (1) above, the company shall notify the commissioner
in writing of the date such form was deemed; and
(3) When a company withdraws from use any form
that it has used in this state, written notice of such withdrawal shall be
provided to the commissioner advising the commissioner of the date of such
withdrawal.
Source. #8726, eff 9-18-06, EXPIRED: 9-18-14
New. #12126, eff 3-18-17 (from Ins 401.07)
Ins 401.09 Group Annuity Contracts.
(a)
The following provisions shall be required in group annuity contracts:
(1) A provision that there shall be a grace period
of 31 days within which any stipulated payment to be remitted by the
policyholder to the insurer, falling due after one year from date of issue, may
be made, subject to the option of the insurer, to an interest charge thereon,
at a rate to be specified in the contract, for the number of days elapsing
before such payment is received by the insurer;
(2) A provision specifying the document or
documents constituting the entire contract between the parties that shall
include the policy, the application, and any individual enrollment forms, if
any; and
(3) A provision for the equitable
adjustment of benefits payable under the policy if gender, age, service, salary
or any other factor determining the amount of any stipulated payment or the
amount or dates of payment of any benefit with respect to any annuitant covered
thereby, has been misstated.
(b)
A group shall be qualified for such annuity if it meets one of the
following requirements:
(1) Under a contract issued to an employer if:
a. The stipulated payments are to be remitted by
the employer; and
b. The contract permits all of the employees of such
employer, or any specified class or classes thereof, to become annuitants; and
c. Any group of employees, under b. above, may
include:
1. Retired employees;
2. Officers and managers as employees;
3. The employees of subsidiary or affiliated
corporations of a corporation employer; and
4. The individual proprietors, partners and
employees of affiliated individuals and firms controlled by the holder through
stock ownership, contract,
or otherwise;
(2) Under a contract issued to an employers'
association that:
a. May, but shall not be required to, provide
for the representation of annuitants on its board of directors;
b. Permits all of the employees of such
employers, or of any specified class or classes thereof, to become annuitants;
and
c. Requires that the stipulated payments under
such contract shall be remitted by such employers' association;
(3) Under a contract issued to a labor union
that:
a. Permits all of the members of such union, or
of any specified class or classes thereof, to become annuitants; and
b. Requires that the stipulated payments under
such contract shall be remitted by such union;
(4) Under a contract issued to an association or
to trustees of a fund established by such an association, if the persons in the
association have a common interest, calling, or profession and constitute a
homogeneous group and the association:
a. Has a constitution and bylaws;
b. Is organized and maintained in good faith for
purposes other than obtaining annuities; and
c. Permits all members of the association and
their employees, or any specified class or
classes thereof,
to become annuitants; or
(5) Under a contract issued to the trustees of a
fund established by an employer, or by an employers' association, or by one or
more labor unions or by one or more employers and one or more labor unions if:
a. The trustees are deemed the contractholders;
b. The contract permits all of the employees of
the employers or all of the members of the unions, or all of any class or
classes thereof, to become annuitants;
c. The stipulated payments under such contract
remitted by the trustees are not derived
wholly from funds
contributed by the person covered thereunder; and
d. The term “employees” may include retired
employees, officers, and managers of an employer.
Source. #8726, eff 9-18-06, EXPIRED: 9-18-14
New. #12126, eff 3-18-17 (from Ins 401.08)
Ins 401.10 Variable Contracts.
(a)
Variable contracts shall include all contracts that do either or both of
the following:
(1) Place funds in any separate account or
accounts maintained by the insurance company for accumulation purposes and
where the value of the funds being accumulated may vary according to the
investment experience of the separate account or accounts; and
(2) Provide annuity benefit payments to
annuitants from any separate account or accounts maintained by the insurance
company and where the value of the annuity benefit payments can vary according
to the investment experience of the separate account or accounts;
(b)
Individual variable annuity contracts shall be subject to the applicable
provisions of RSA 408 and all of the applicable provisions of Ins 401.05 except for Ins 401.05(f) and (g).
(c)
Group variable annuity contracts shall be subject to the applicable
provisions of RSA 408 and all of the provisions of Ins 401.09.
(d)
Additional provisions required for variable annuity contracts shall
include that:
(1) Any variable contract providing benefits
payable in variable amounts delivered or issued for delivery in this state
shall contain a statement of the essential features of the procedures to be
followed by the insurance company in determining the dollar amount of such
variable benefits;
(2) Any such contract, including a group contract
and any certificate in evidence of variable benefits issued thereunder, shall state that
such dollar amount may vary to reflect investment experience;
(3) Any such contract shall contain on
its first page a clear statement to the effect that the benefits thereunder are
on a variable basis;
(4) No individual variable annuity contract
calling for the payment of periodic stipulated payments shall be delivered or
issued for delivery in this state unless it contains in substance the following
provision or provisions:
a. A provision that there shall be a grace
period of 31 days within which any stipulated payment to the insurer falling
due after the first may be made, and during which period of grace the contract
shall continue in force;
b. For the purposes of a. above, the contract
may include a statement of the basis for determining the date as of which any
such payment received during the grace period shall be applied to produce the
values under the contract arising therefrom;
c. A provision that, at any time within 3 years
from the date of default, in making periodic stipulated payments to the insurer
during the life of the annuitant and unless the cash surrender value has been
paid, the contract may be reinstated upon payment to the insurer of such
overdue payments as required by the contract and of all indebtedness to the
insurer on the contract, including interest;
d. For the purposes of c. above, the contract
may include a statement of the basis for determining the date as of which the
amount to cover such overdue payments and indebtedness shall be applied to
produce the values under the contract arising therefrom; and
e. A provision specifying the options available
in the event of default in a periodic stipulated payment, such as an option to
surrender the contract for a cash value as determined by the contract
including an option to receive a paid-up
annuity if the contract is not surrendered for cash, the amount of which is
determined under the terms of the contract by applying the value of the
contract at the annuity commencement date;
(5) Any variable annuity contract delivered or
issued for delivery in this state shall stipulate the investment in increment
factors to be used in computing the dollar amount of variable benefits or other
variable contractual payments or values thereunder, and may guarantee that
expense and/or mortality results shall not adversely affect such dollar
amounts; and
(6) In the case of an individual variable annuity
contract under which the expense and mortality results could adversely affect
the dollar amount of benefits, the expense and mortality factors shall be
stipulated in the contract as follows:
a. In computing the dollar amount of variable
benefits or other contractual payments or values under an individual variable
annuity contract;
1. The annual net investment increment
assumption shall not exceed 5 percent;
2. To the extent that the level of benefits may be
affected by future mortality results, the mortality factor shall be determined
from the Annuity 2000 Mortality Table, available as referenced in Appendix B, or
any modification of that table not having a lower life expectancy at any age,
or any annuity mortality table adopted after 1996 by the National Association
of Insurance Commissioners; and
3. "Expense," as used in this
paragraph may exclude some or all taxes, as stipulated in the contract.
(e)
No individual variable life insurance policy shall be delivered or
issued for delivery in this state unless it contains in substance the
following:
(1) A provision that there shall be a grace
period of 31 days, within which payment of any premium after the first may be
made, and during which grace period the policy shall continue in force;
(2) For flexible premium policies, a
provision for a grace period beginning on the policy processing day when the
total charges authorized by the policy that are necessary to keep the policy in
force until the next policy processing day exceed the amounts available under
the policy to pay such charges in accordance with the terms of the policy. The grace period shall end on a date not less
than 61 days after the mailing of the notice to the policyholder pursuant to
Ins 401.10(f), below;
(3) A provision
that if a claim arises under the policy during the grace period and before the
overdue premiums or the deferred premiums of the current policy year, if any,
are paid, the amount of such premiums, together with interest not to exceed 6
percent per annum compounded annually, may be deducted from any amount payable
under the policy in settlement;
(4) A statement of the basis for determining any
variation in benefits that may occur as a result of the payment of premium
during the grace period;
(5) Upon the request of the policyholder, unless
the cash surrender value of a variable life insurance policy has been paid out
in full or the period of extended insurance has expired, any variable life
insurance policy shall be reinstated during the life of the insured anytime
within 3 years of the date of default if:
a. Evidence of insurability satisfactory to the
insurer is provided to the insurer;
b. Payment is tendered to the insurer in an
amount not to exceed the larger of:
1. The sum of:
(i) Overdue premiums,
including interest at a rate not to exceed 8 percent per annum, compounded
annually; and
(ii) Any outstanding policy loans, including interest
at a rate that would be permitted under this rule if the policy had not lapsed;
or
2. One hundred ten percent of the increase in
cash surrender value resulting from reinstatement; and
c. Premium payments prior to default have been
paid for at least 3 years;
(6) Any variable annuity contract delivered or
issued for delivery in this state shall stipulate the investment in increment
factors to be used in computing the dollar amount of variable benefits
or other variable contractual payments or values thereunder and may guarantee
that expense and/or mortality results shall not adversely affect such dollar
amounts; and
(7) In the case of an individual variable annuity
contract under which the expense and mortality results could adversely affect
the dollar amount of benefits, the expense and mortality factors shall be
stipulated in the contract as follows:
a. In computing the dollar amount of variable
benefits or other contractual payments or values under an individual variable
annuity contract;
1. The annual net
investment increment assumption shall not exceed 5 percent, except;
2. To the extent that the level of benefits may
be affected by future mortality results, the mortality factor shall be
determined from the Annuity 2000 Mortality Table, available as referenced in
Appendix B, or any modification of that table not having a lower life
expectancy at any age, or any annuity mortality table adopted after 1996 by the
National Association of Insurance Commissioners; and
3. "Expense," as used in this
paragraph may exclude some or all taxes, as stipulated in the contract; and
b. Any individual variable life insurance policy
delivered or issued for delivery in this state shall stipulate the investment
increment factor to be used in computing the dollar amount of variable benefits
or other variable contractual payments or values thereunder and shall guarantee
that expense and mortality results shall not adversely affect such dollar
amounts.
(f)
For flexible premium policies, a notice shall be sent to the
policyholder if the amounts available under the policy on any policy processing
day to pay the charges authorized by the policy are less than the amount
necessary to keep the policy in force until the next following policy
processing day. The notice shall
indicate the minimum payment required under the terms of the policy to keep it
in force and the length of the grace period for payment of the amount.
Source. #8726, eff 9-18-06; amd
by #10195, eff 10-1-12; paras. (a), (c), and (d) EXPIRED: 9-18-14; ss by #12126, eff 3-18-17 (from Ins 401.10)
Ins 401.11 Computation
of Cash Values for Variable Annuities.
(a)
If the variable annuity policy does not include a table of figures for
the options available, the policy shall provide that the company will furnish at
least once in each policy year a statement showing the cash value as of a date no earlier than the prior policy
anniversary.
(b)
The method of computation of cash values and other nonforfeiture
benefits, as described either in the policy or in a statement filed with the commissioner of the jurisdiction in which
the policy is delivered, shall be in accordance with actuarial procedures that
recognize the variable nature of the policy.
(c)
The method of computation shall be such that, if the net investment
return credited to the contract at all times from the date of issue should be equal to the assumed investment increment
factor if the contract provides for such a factor or 3-1/2 percent if not, with
premiums and benefits determined accordingly under the terms of the policy, the
resulting cash values and other nonforfeiture benefits would be at least equal
to the minimum values required by RSA 409 Standard Nonforfeiture Law for a
fixed dollar policy with such premiums and benefits.
(d)
The method of computation may disregard incidental minimum guarantees as
to the dollar amounts payable.
Incidental minimum guarantees shall include, for example, but shall not
be limited to, a guarantee under a policy that provides for an assumed
investment increment factor that the amount payable at death or maturity shall
be at least equal to the amount that otherwise would have been payable if the
net investment return credited to the contract at all times from the date of
issue had been equal to such factor.
Source. #8726, eff 9-18-06, EXPIRED: 9-18-14
New. #12126, eff 3-18-17 (from Ins 401.10)
Ins
401.12 Applications. The following standards shall apply to all application forms used in
connection with the offer and acceptance of insurance, whether or not attached
to the contract:
(a)
The declarative portion of the application, if any, shall imply a
representation of facts to the best of the applicant's knowledge. "I represent," or "To the best
of my knowledge and belief," shall be examples of such wording. Wording implying a warranty shall be
prohibited. "I Certify" shall
be such an example;
(b)
There shall be no provisions for automatic rejection;
(c)
Medical questions of a technical nature beyond the capability of the
average applicant, such as a detailed gastrointestinal questionnaire, shall be
prohibited;
(d)
No provision shall be permitted in an application that changes the terms
of the policy to which it is attached;
(e)
Questions as to race or ethnicity shall be prohibited;
(f)
All applications shall contain a question inquiring whether the policy
sought is intended to replace an existing policy;
(g)
The requirement in (f) above shall not apply to applications for:
(1) Group insurance;
(2) Group annuity
policies;
(3) Individual accident only policies; or
(4) Policies solicited by direct-response means.
(h)
No application or any detachable part thereof that contains an
advertisement that is directed toward effecting a policy sale without
opportunity for additional explanation of the coverage advertised shall:
(1) Offer any reduced initial premium without
stating all subsequent premium changes applicable to the insured;
(2) State or imply falsely that prospective
policyholders become group or quasi-group members and as such enjoy special
rates or underwriting privileges; or
(3) State or imply falsely that a particular
policy or combination of policies is an:
a. Introductory;
b. Initial;
c. Special; or
d. Limited enrollment offer and that the
applicant will receive advantages by accepting the offer; and
(i) To the extent that any provision within (h)
above conflicts with Ins 2600, Ins 2600 shall apply.
Source. #8726, eff 9-18-06, EXPIRED: 9-18-14
New. #12126, eff 3-18-17 (from Ins 401.11)
Ins 401.13 Life Settlement Filings.
(a)
The commissioner shall, for the purpose of examining and analyzing life
settlement filings, contract with an attorney or law firm. The examination and
analysis of any life settlement filing shall be undertaken by a contracting
attorney or law firm only when the insurance department is unable to provide
the resources necessary to review such filings. The contracting attorney or law firm shall provide
advice to the commissioner on the life settlement filing and perform other
legal services related to the life settlement filing as required.
(b) The expense of the life settlement review
required by this part, and all other expenses associated with any legal
services performed related to a life settlement filing, shall be borne by the
insurer or life settlement provider submitting the life settlement filing, in
accordance with RSA 400-A:37, III(d).
Source. #12882, eff 9-30-19
Ins 401.14 Forms Filing, Review, and Inventory Procedures.
(a) All policies, contracts,
certificates, endorsements, riders, applications, and other forms used in
connection therewith shall be submitted to the insurance department for
approval prior to their use.
(b) All submissions shall be made by the home office of the company.
(c)
In instances where a filing is being made on behalf of a company, a
letter or other documentation authorizing the firm to file on behalf of the
company shall be attached to the
supporting documentation tab in SERFF.
(d) All submissions and associated fees shall be
submitted electronically through SERFF and electronic funds transfer (EFT),
pursuant to Ins 3101.
(e)
A certification of compliance statement shall be signed by a
representative of the company authorized to certify compliance and attached to
the supporting document tab in SERFF.
(f)
All filings shall include the following:
(1) A brief description of each form, including any new or unusual features, and a
listing of forms to which it will be attached;
(2) A statement indicating the current
submission's filing status in the state of domicile, the date approved by the
state of domicile, and state of domicile status comments shall be completed on
the general information tab in SERFF;
(3) If this form is replacing another form, said
other form shall be identified. If this
form is not replacing another form, it shall be so stated; and
(4) Where a form is replacing another form, a
letter shall itemize each of the differences between the new form and the form
being replaced which shall be attached to the supporting documentation tab in SERFF. A copy of the new form showing each change
highlighted or otherwise indicated shall also be attached to the supporting
documentation tab in SERFF.
(g)
All forms shall be submitted for review in the same layout as sold to
consumers in New Hampshire. Except as
expressly provided by statute or rule, multiple product line filings shall
not be submitted as a single policy if any product line in the filing may be
marketed or issued as a separate policy.
(h)
All policy forms containing 3,000 or more words or printed on 3 or more
pages shall contain a table of contents or an index of the principal sections
of the policy and shall be electronically bookmarked.
(i) The specifications page of a policy or
contract shall be completed with hypothetical data that is realistic and
consistent with the other contents of the policy or contract.
(j)
With respect to any submission of a company domiciled in a state or
country where the state insurance department or comparable agency requires
foreign or alien insurers to pay any fees for the filing or examination of
policy forms, the submission shall include an EFT payment of the retaliatory fee due to the state of New Hampshire
pursuant to RSA 400-A:35.
(k)
All forms shall be filed as intended for use, with all necessary related
forms.
(l)
Certificates shall include enrollment forms.
(m)
Policies, certificates, and rates shall be submitted together to the department.
(n)
Where amendatory pages are submitted, those pages shall be properly
executed as such.
(o)
A rider, amendment, or endorsement that changes or adds language to
another form shall be filed together with the complete form it is replacing or
amending, including the underlying policy form, showing all changes highlighted
or otherwise indicated on the supporting document tab in SERFF.
(p)
All variable language shall be identified by the use of brackets,
accompanied by a statement of variability, and attached on the supporting
document tab in SERFF which shall describe the full range of variability. Variable language shall not be approved if
the variable language prevents review of the policy for compliance with minimum
standards or the requirements of RSA 415:2.
(q)
Complete revised forms including amendments shall be submitted with a
distinguishing form number.
(r)
All forms submitted shall be in final print.
(s)
Forms shall be submitted with the exact content as intended for use by
the company and shall bear facsimile signatures of corporate officers. However, facsimile signatures shall not be
required on group certificates.
(t)
Because of the many variations possible in group policies, their
certificates and all of the intended insert pages reflecting possible variations shall be reviewed, provided that
such filing is accompanied by a statement of variability describing all
combinations used for the different types of policies.
(u)
Every filing of a group policy or group policy page shall include the
simultaneous filing of the corresponding group certificate page. In addition, every filing of a group
certificate or group certificate page shall include the simultaneous filing of
the corresponding group policy or group policy page.
(v)
Any submission of a "blank" rider, amendment, or endorsement
form shall in all instances be accompanied by a listing of all intended uses
attached to the supporting document tab in SERFF.
(w)
In the event that forms submitted to this department by an insurer are
not approved, and such forms are thereafter corrected and resubmitted, the
previous submission's SERFF number shall be given, and all previous
correspondence shall be attached to the supporting document tab in SERFF. The filing description for the resubmission
shall comply with all the provisions of Ins 401.13 and include a description of
each correction made in reference to the prior submission. A copy of the new form showing each change
highlighted or otherwise indicated shall also be attached to the supporting
document tab in SERFF.
(x)
Submissions that comply with the foregoing requirements of this rule,
and the requirements of (ab) below if applicable, shall be accepted for filing
and review by the commissioner.
(y)
Submissions
that do not comply with these requirements shall be immediately rejected.
(z)
Policy forms that are resubmitted and disapproved 2 times by the
department under (y) above due to non-compliance with statutes and rules shall
not be given further consideration until a company representative personally
attends a compliance conference at the department to discuss the form
submission.
(aa) After a form has been filed with the
commissioner, the company may withdraw that form from consideration if it has
not already been approved or disapproved pursuant to this paragraph, provided
written notice of such withdrawal is given to the commissioner.
(ab)
When a company withdraws from use any form that it has used in this
state, written notice of such withdrawal shall be provided to the commissioner
advising the commissioner of the date of such withdrawal.
Source. #8726, eff 9-18-06; ss by #9334,
eff 12-5-08, EXPIRED: 12-5-16
New. #12126, eff
3-18-17 (from Ins 401.12); renumbered by #12882 (formerly Ins 401.13)
Ins 401.15 Penalty; Generally. If an insurer, producer, or any person,
firm, association, or corporation violates the provisions of this part, the
department shall assess that violation pursuant to the provisions of RSA
400-A:15, III.
Source. #8726, eff 9-18-06, EXPIRED: 9-18-17
New. #12126, eff 3-18-17 (from Ins 401.13) renumbered
by #12882 (formerly Ins 401.14)
Ins 401.16 Waiver or Suspension of Rules.
(a)
The commissioner, upon the commissioner’s own initiative or upon request
by an insurer, shall waive any requirement of this chapter if such waiver does
not contradict the objective or intent of the rule and:
(1) Applying the rule provision would result in a
form that is inaccurate, would cause confusion, or would be misleading to
consumers;
(2) The rule provision is in whole or in part
inapplicable to or inconsistent with the form of policy;
(3) There are specific circumstances unique to
the form such that strict compliance with the rule would be onerous without
promoting the objective or intent of the rule provision; or
(4) Any other similar extenuating circumstances
exist such that application of an alternative standard or procedure better
promotes the objective or intent of the rule provision.
(b)
No requirement prescribed by statute shall be waived unless expressly
authorized by law.
(c)
Any person making a form filing and seeking a waiver shall make a
request in writing.
(d)
A request for a waiver shall specify the basis for the waiver and
proposed alternative, if any.
Source. #12126, eff 3-18-17 renumbered by #12882 (formerly
Ins 401.15)
PART
Ins 402 STANDARDS FOR FILINGS PROVIDING
A RETURN OF PREMIUM OR CASH BENEFITS
Ins 402.01 Scope.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87;
ss by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
Ins 402.02 Standards Required.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87;
ss by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
Ins
402.03 Rate Filings.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87;
ss by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
Ins
402.04 Nonconforming Forms Subject to
This Part.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87;
ss by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
Ins
402.05 Penalties.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87;
ss by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
Ins
402.06 Separability.
Source. #1900, eff 1-1-82; ss by #4287, eff 7-1-87; ss
by #5653, eff 7-1-93; ss by #7016, INTERIM, eff 7-1-99, EXPIRED: 10-29-99
PART
Ins 403 Standard Wellness Plan Rate and Form Filing Standards
Statutory
Authority: RSA 400-A:15, I.; RSA
420-G:4-b, III.
Ins 403.01 Purpose. The purpose of this part is to establish
guidelines and standards for the standard wellness plan under RSA 420-G:4-b.
Source. #9511, eff 7-10-09
Ins 403.02 Applicability and Scope. This part applies to all rate and form
filings for the standard wellness plan under RSA 420-G:4-b.
Source. #9511, eff 7-10-09
Ins 403.03 Definitions. For the purposes of this
chapter:
(a)
"Care navigator" means an informed decision-making resource
provided by the carrier that is designed to provide members with information
about treatment options, identify and assist members in navigating through the
healthcare system and to direct the member to related resources within the
healthcare community.
(b)
"Carrier" means any entity that offers health coverage in the
small employer market in this state and has at least 1,000 covered lives as of
the first day of the calendar year and that is subject to the requirement of
offering the standard wellness plan.
(c)
"Commissioner" means the insurance commissioner.
(d)
"Department" means the New Hampshire insurance department.
(e)
"Health coverage plan target rate" means the health coverage plan
rate that is set at or below 10 percent of the prior year's median wage based
on the occupation employment statistics maintained by the U.S. Department of
Labor and adjusted by the state department of labor to reflect the median
hourly wage of full time New Hampshire employees.
(f)
"HealthFirst benefit plan" means the
HealthFirst standard benefit design, including the HealthFirst wellness incentives as set forth in the HealthFirst benefit description.
(g)
"Prescription drugs" means covered medications, diabetic
supplies and contraceptive devices purchased at a network pharmacy.
(h)
"Preventive care services" mean:
(1) Immunizations;
(2) Lead screening;
(3) PSA tests;
(4) Routine physical exams, including family
planning, pre-natal visits and well child care;
(5) Annual ob-gyn visits, including mammography;
(6) Routine hearing tests;
(7) Routine laboratory tests; and
(8) Annual care plan for chronic illnesses.
(i)
"Standard wellness plan" means the benefit plan developed by
the commissioner pursuant to RSA 420-G:4-b.
Source. #9511, eff 7-10-09
Ins 403.04 Standard Wellness Plan. The standard wellness plan shall include the
following benefit structure as described herein and as set forth in Appendix A:
(a)
Benefits shall include:
(1) Full coverage for preventive care services;
(2) Primary care visits covered with a $20.00 per
visit copay;
(3) Specialist visits covered with a $50.00 per
visit copay;
(4) Full coverage for inpatient and outpatient
hospital care, including diagnostic laboratory work, after the deductible has
been met;
(5) Skilled nursing facility care for a period of
up to 100 days within each policy year, subject to the deductible;
(6) Rehabilitation facility care for a period of
up to 60 days within each policy year, subject to the deductible;
(7) Full coverage for diagnostic laboratory work;
(8) Diagnostic radiology, including x-rays,
MRI's, CT scans, and PET scans, subject to the deductible, except for
mammograms which are preventive care shall not be subject to the deductible;
(9) Outpatient surgery performed in a physician's
office, subject to the office visit copay of $20 for a primary care provider
and $50 for a specialist;
(10) Outpatient surgery performed in a hospital or
surgical center, subject to the deductible;
(11) Urgent care facility care, subject to a $100
per visit copay for the facility charge with other covered services subject to
the tier 1 or tier 2 deductible for facilities that are hospital owned. If the urgent care facility is not hospital
owned, the services shall be subject to the tier 1 deductible;
(12) Emergency care facility care, subject to a
$200 per visit copay for the emergency room facility charge. Other covered services, including radiology
and laboratory work, delivered at the emergency room shall be subject to the
tier 1 deductible;
(13) Ambulance services, subject to the
deductible;
(14) Short-term therapy, including physical
therapy, speech therapy, and occupational therapy, subject to a $50 per visit
copay;
(15) Mental health and substance abuse services,
subject to a $20 per visit copay for office visits and subject to the inpatient
and outpatient deductible when the services are provided at a hospital or
outpatient care facility;
(16) Durable medical equipment, subject to the deductible
and limited to a calendar year maximum of $3,000;
(17) Prescription drugs including covered
medications, diabetic supplies and contraceptive devices purchased at a network
pharmacy, subject to:
a. The following copays:
1. A $10
copay for generic drugs;
2. A $35
copay for non-generic formulary drug brands; and
3. A $50
copay for non-formulary brand drugs.
b. Drugs that are considered maintenance shall
be available for a supply greater than 30 days;
c. The copay shall be applied to each 30 day
supply of the drugs except when drugs are purchased through a mail-order
facility that offers a reduction of copay(s) for purchasing through the
mail-order facility; and
d. For formulary brand and non-formulary brand
at least 2 brand drugs shall be available for each therapeutic class covered
under the HealthFirst benefit plan.
(18)
Full coverage for screening and brief intervention for alcohol and drug abuse;
(19) Full coverage for body mass index screening;
and
(20) Colonoscopy, subject to a $250 copay.
(b)
The standard wellness plan shall use hospital tiering of acute care
hospitals to determine the amount of the hospital deductible, so that:
(1) The deductible for tier 1 facilities shall be
$2,500 per member and $5,000 per family; and
(2) The deductible for tier 2 facilities shall be
$4,000 per member and $8,000 per family.
(c)
The annual out of pocket maximum for the standard wellness plan shall be
$5,000 per member and $10,000 per family.
There shall not be a lifetime maximum amount.
(d)
A separate annual out-of-pocket maximum for prescription drugs may be
offered with an annual out-of-pocket of $5,000 per member and $10,000 per
family. There shall not be a lifetime
maximum amount.
(e)
The standard wellness plan shall comply with all state laws and rules
related to small group accident and health insurance coverage, including, but
not limited to state mandated benefits
in RSA 415, 420-B, 420-J and Ins 1900.
(f)
The use of a telecommunications or telehealth system shall be defined by
the insurer and may substitute for an in-person visit for consultations, office
and outpatient visits, psychiatric diagnostic interviews, individual psychotherapy,
individual medical nutrition therapy, end-stage renal disease (ESRD) services,
and pharmacologic management. Telehealth
shall not be used for group visits.
(g)
The care navigator shall be included in the benefit design; and
(h)
The care navigator shall specifically describe:
(1) The application of the care navigator in the HealthFirst benefit plan; and
(2) How the care navigator shall be used in each
applicable benefit description.
Source. #9511, eff 7-10-09
Ins 403.05 Wellness Incentive Plan.
(a)
The standard wellness plan shall include a standard wellness incentive
program. In administering the standard wellness
incentive program, a carrier may utilize existing programs to the extent
practicable.
(b)
The standard wellness program shall include the following incentives
described herein and set forth in Appendix B:
(1) In year one, a cash payment of $200.00 shall
be paid to both the subscriber and the spouse or civil union partner of a
subscriber on a plan that covers 2 or more people when the subscriber and
spouse or civil union partner:
a. Establish and maintain a relationship with a
primary care provider;
b. Complete a health risk questionnaire;
c. Do not smoke or participate in a smoking
cessation program;
d. Each have a body mass index measurement lower
than 25 and a blood pressure reading lower than 140/90 or participate in a
health management program for blood pressure or weight loss; and
e. Each have acceptable blood glucose and
cholesterol levels as determined by the health carrier, or participate in a
health management program;
(2) In years 2 and 3, the certificateholder who
fulfills the requirements of Ins 403.05 (b) for year one shall receive a credit
in the amount of $1,000 against the deductible for the product;
(3) To receive the amount of $1,000 per adult
subscriber against the deductible in subsequent years, on a policy that covers
2 or more persons, the subscriber and spouse or civil union partner shall both
be required to fulfill the requirements to obtain any benefit. A maximum credit of $2,000 shall be allowed
on any policy that covers 2 or more people; and
(4) In the event that both the subscriber and the
spouse or civil union partner covered by the policy fail to fulfill the
requirements, there shall be no reduction of the deductible, and there shall be
no payment of $200.00 in the first year.
Source. #9511, eff 7-10-09
Ins 403.06 Hospital Tiering.
(a)
Hospital tiers shall be incorporated into the HealthFirst
standard benefit design. The member
deductible for hospital services shall be based on whether the member obtains
services from a tier 1or a tier 2 hospital.
A listing of the hospitals in each tier shall be provided in the HealthFirst benefit description.
(b)
The HealthFirst standard benefit design shall
require greater cost sharing for members seeking services from a tier 2
hospital than for those who obtain services from a tier 1 hospital.
(c)
The procedure for the assignment of hospitals to tiers shall be as
follows:
(1) The department shall use the all payer claims
data base for the previous calendar year, collected pursuant to RSA 420-G:11, and the New Hampshire health care
facility data, collected pursuant to
He-C 1500, to determine historical pricing and payment differences among
hospitals;
(2) Assignment to a tier shall be based on
relative payment differences among the hospitals as well as geographical
proximity and access;
(3) A hospital in close proximity to a lower cost
hospital that provides services within the same hospital service area may be
assigned to tier 2 despite its overall cost ranking across all hospitals in the
state. The assignment of a hospital to
tier 2 shall be based on geographical location;
(4) All hospitals located out of state shall be
assigned to tier 2; and
(5) The department shall publish the hospital
tiering by December 1st of each year.
The hospital tiers shall be effective on a calendar year basis beginning
on January 1st of each year.
Source. #9511, eff 7-10-09
Ins 403.07 Application for Carrier Specific Hospital
Tiering.
(a) A carrier may submit an application to the department
to use carrier specific hospital tiering.
(b)
The application for carrier specific tiering shall establish that
carrier specific deviations from the department's tiering will result in
reduced expenditures to the carrier based on the carrier's payment for specific
services, admissions to hospitals, utilization of specific services and quality
measures.
(c)
The application shall contain:
(1) Historical data as well as current
information on contract reimbursement levels;
(2) A detailed explanation of the methodology
used, including:
a. The time frame of the data;
b. The membership included; and
c. A description of the analytic tools used
including:
1. Case-mix adjustment;
2. The number of observations;
3. The weighting used relative to outpatient and
inpatient services;
4. Contact information for the analyst preparing
the application; and
5. Hospital specific relative rankings for each
hospital for which a tier change is requested; and
(3) The application may include a request for
tier changes to out of state as well as in state hospitals.
(c)
A carrier seeking approval for carrier specific hospital tiering shall
submit the application to the department no more than 7 days following the
publication date of the department's tiering.
Source. #9511, eff 7-10-09
Ins 403.08 Standard for Approval of Tier Change. The department shall grant approval for
carrier specific tiers when the department finds based on substantial evidence
that the requested tier change is cost effective to the carrier requesting the
change.
Source. #9511, eff 7-10-09
Ins 403.09 Applications for Tier Changes. All applications for tier changes submitted
by carriers shall be maintained as confidential documents by the department,
and the information contained in the application shall not be released.
Source. #9511, eff 7-10-09
Ins 403.10 Required Reporting. Each carrier shall submit to the department
the following reports:
(a)
Quarterly trend information on small group HealthFirst
business and comparative small group trend information on other small group
products no later than 30 days after the end of each calendar year
quarter. Trend information shall include
the total trend and detailed numerical information on utilization, cost, technology
and other factors comprising total trend numbers.
(b)
Quarterly total enrollment information on the HealthFirst
product no later than 30 days after the end of the calendar year quarter. Enrollment information shall include the
number of subscribers, the number of spouses or civil union partners, and the
number of dependent children or other dependents by enrollment classification.
(c)
Quarterly, no later than 30 days after the end of the calendar year
quarter, the total premium earned and total paid claims for the preceding
quarter.
Source. #9511, eff 7-10-09
Appendix A
NH HealthFirst
Program Benefit Summary
Benefits |
HealthFirst Plan |
Preventive Care Services: Immunizations,
Lead Screenings, PSA, Routine Physical
Exams (including family planning, pre-natal & well child care), annual
ob-gyn visits (including mammography), Routine Hearing Laboratory and an
Annual Care Plan for Chronic Illnesses |
Covered
in Full |
|
|
Other Office Visits: Primary
Care Copay Specialist
Copay Colonoscopy |
$20
per visit $50
per visit Subject
to $250 copay |
|
|
Deductible (single family
traditional) Coinsurance Max out of pocket (single/family
traditional) |
Tier
1 Facilities: $2,500/$5,000 Tier
2 Facilities: $4,000/$8,000 None $5,000/$10,000 |
|
|
Lifetime Maximum |
No
maximum |
|
|
In/Out Patient Hospital Care |
Subject
to deductible, including diagnostic lab |
|
|
Skilled Nursing & Rehab
Facilities: SNF
limited to 100 days/CY, Rehabilitation Facility limited to 60 days/CY |
Subject
to deductible |
|
|
Diagnostic Labs and X-Rays: Labs X-Rays MRI,
CT and PET Scans |
Covered
in full Subject
to deductible Subject
to deductible |
|
|
Outpatient Surgery: Doctor's
Office Hospital/Surgical
Day Care |
$20/$50
per visit Subject
to deductible |
|
|
Urgent/Emergency Room Care: Urgent
Care Facility Copay Emergency
Room Facility Copay |
$100
per visit for the facility charge. All
other services are subject to the Tier 1 or Tier 2 deductible. $200
per visit |
|
|
Ambulance (medically
necessary) |
Subject
to deductible |
|
|
Short Term Therapy (PT, OT, ST) |
$50
per visit |
|
|
Chiropractic |
Not
covered |
|
|
Mental Health/Substance Abuse
Services: Office
Visits Facility |
$20
per visit Subject
to deductible |
|
|
Durable Medical Equipment: Limited
to $3,000/Mbr/CY |
Subject
to deductible |
|
|
Prescription Drugs: Covered
medication, diabetic supplies and contraception devices purchased at a
network pharmacy Certain
maintenance drugs are available for a supply greater than 30 days. Maximum
out-of-pocket (single/family traditional) Important Notes: If,
due to medical necessity, your physician
prescribes a brand drug, you pay only the formulary or non-formulary
brand copay shown on this summary. For
formulary brand and non-formulary brand at least 2 brand drugs shall be
available for each covered benefit therapeutic class. |
$10
copay/generic $35
copay/formulary brand $50
copay/non-formulary brand No
Max Copayment
applies to each 30 day supply. $5,000/$10,000 |
Members are required to work with
a care navigator for certain tests and procedures. |
|
Members shall establish a
relationship with a primary care provider. |
|
The benefit plan shall additionally
cover the following services: Screening
and Brief Intervention for Alcohol and Drug Abuse Body
Mass Index Screening After-hours
care |
|
Appendix B
NH HealthFirst
Wellness Design
Employees
and Spouses Reward
Per Adult
|
|
|
Year
One |
Establish
and continue relationship with a Primary Care Provider Complete
a Health Risk Questionnaire Remain
Smoke-Free or Participate in a Smoking Cessation Program Get
a BMI measurement and Blood Pressure reading, and maintain a BMI of <25 and
BP of <140/90 or participate in a health management program Get
your Blood Glucose and Cholesterol levels checked, and maintain acceptable
levels or participate in a health management program |
$200
for Meeting All Requirements |
|
|
|
Year
One - Within
8 Months of Employee's Effective Date |
Submit
a Wellness Verification Form for Year 2 Deductible Credit |
|
|
|
|
Year
Two |
Complete
a Health Risk Questionnaire Remain
Smoke-Free or Participate in a Smoking Cessation Program Maintain
a BMI of <25 and a BP of <140/90 or participate in a health management
program Maintain
acceptable Blood Glucose and Cholesterol levels or participate in a health
management program |
$1,000
Deductible Credit for Meeting All Requirements |
|
|
|
Year
Two - Within 8 Months of Benefit Year Start Date |
Submit
a Wellness Verification Form for Year 3 Deductible Credit |
|
|
|
|
Year
Three |
Complete
Health Risk Questionnaire Remain
Smoke-Free or Participate in Smoking Cessation Program Maintain
a BMI of <25 and BP of <140/90 or participate in a health management
program Maintain
acceptable Blood Glucose and Cholesterol levels or participate in a health
management program |
$1,000
Deductible Credit for Meeting All Requirements |
|
|
|
(1) $200 reward is granted to the subscriber, or to
both the subscriber and the spouse or civil union partner, upon completion of
all requirements and submission of the Wellness Verification Form. To receive the $200.00 reward for a family
policy, both the subscriber and spouse or civil union partner shall establish
compliance with all requirements.
(2) Deductible Credits are awarded for the
benefit year period following submission of the form.
(3) For policies that cover 2 or more persons,
the subscriber and spouse or civil union partner shall comply to obtain the
deductible credit. If both satisfy the requirements, then the
single deductible amount is reduced by 1 x the credit, and the family is
reduced by 2 x the credit (i.e., one credit for each adult parent)
(4) The deductible for children covered under a
family plan shall match that of the parents.
(5) The Form shall be submitted within 8 months
of the benefit year start date to obtain the rewards.
APPENDIX C - State Statutes and Federal Requirements
Implemented
Rule |
Specific State or Federal Statute
the Rule Implements |
|
|
Ins
401.01 |
RSA
400-A:15, I; 408; 408-A; 408-D:17; 409-A; 415:1; 420-A; 420-B:21 |
Ins
401.02 |
RSA
400-A:15, I |
Ins
401.03 |
RSA
400-A:15, I ; 415-A:2; 415-F:3 |
Ins
401.04 |
RSA
400-A:15, I; 408:2-b; 408:2-c; 408:16; 408:16-d; 408:16-e; 408-A:7; 415:2 and
3; 415:18, I |
Ins
401.05 |
RSA
400-A:15, I; 408:9 and10; 408-E:8; 409-A:3 and 409-A:9, II; 415:14 |
Ins
401.06 |
RSA
400-A:15, I; 415; 415-A; 415-F:3; 420-G:5, IV; 420-G:6, VI and VII |
Ins
401.07 |
RSA
400-A:15, I; 408:15 and 16 |
Ins
401.08 |
RSA
400-A:15, I; 415:18; 415-F:3; 420-G |
Ins
401.09 |
RSA
400-A:15, I |
Ins
401.10 |
RSA
400-A:15, I; 408:27-34 and 52 |
Ins
401.11 |
RSA
400-A:15, I; 408:29 |
Ins
401.12 |
RSA
400-A:15, I; 408:9; 415:1 and 6; 415-A:2; 417:3 |
Ins 401.13 |
RSA 400-A:15, I; RSA 400-A:37,
III(d); RSA 408-D:17 |
Ins
401.14 |
RSA
400-A:15, I; RSA 400-A:35; RSA 400-A:37, III(d); RSA
408; RSA 408-A; RSA 408-D; RSA 408-E; RSA 409; RSA
415; RSA 415-A; RSA 415-D; RSA 415-F; RSA 415-H; RSA 420-A; RSA 420-B; RSA
420-F; RSA 420-G; RSA 420-J |
Ins
401.15 |
RSA
400-A:15, I and III; 408:8 and 12; 408-A:14; 415:20 |
Ins
401.16 |
RSA
400-A:15, I; RSA 541-A:22, IV |
Ins
403.01 |
RSA
400-A:15, I; 420-G:4-a; 420-G:4-b |
Ins
403.02 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
Ins
403.03 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
Ins
403.04 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
Ins
403.05 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
Ins
403.06 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
Ins
403.07 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
Ins
403.08 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
Ins
403.09 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
Ins
403.10 |
RSA
400-A:15, I.; 420-G:4-a; 420-G:4-b |
APPENDIX D – Rules Incorporated by Reference
Rule |
Title |
Obtain: |
|
|
|
Ins
401.05(c)(2)a. |
Moody’s
Corporate Bond Yield Average – Monthly Averages Corporates |
Online
for no cost at: https://www.moodys.com/
or by writing:
Moody's
Investors Service, Inc. |
Ins
401.10(d)(6)a.2. |
Annuity
2000 Mortality Table |
Online
for no cost at: http://mort.soa.org/ |
Ins
401.10(e)(7)a.2. |
Annuity
2000 Mortality Table |
Online
for no cost at: http://mort.soa.org/ |