Senate Calendar No. 5

May 2, 2001

No. 21

STATE OF NEW HAMPSHIRE

Legislative

SENATE CALENDAR

REPORTS, HEARINGS, MEETINGS & NOTICES

THE SENATE WILL MEET IN SESSION ON WEDNESDAY, MAY 9, 2001 AT 1:00 P.M.

LAID ON THE TABLE

SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting.

SB 30, establishing a committee to study the DNA database of sexual offenders.

SB 31, eliminating straight ticket voting.

SB 32, exempting dumbwaiters from the elevator law.

SB 52, relative to liquor liability insurance coverage.

SB 60, relative to the authority of the board of tax and land appeals to assess attorney's fees.

SB 90, relative to misdemeanor jury trials.

SB 95, relative to campaign contribution limits and independent expenditures.

SB 96-FN, repealing the requirements for resident and nonresident licenses to carry concealed weapons.

SB 97-FN, requiring the annual registration of manufactured housing parks.

SB 112, relative to voter registration forms.

SB 116-FN, relative to motor vehicle offenses which result in the death or serious bodily injury of another.

SB 122-FN, relative to the license to carry a weapon.

SB 126, relative to the use of certain credit data in underwriting certain insurance policies.

SB 180-FN-A, establishing the Hooksett district court as a full-time court and making an appropriation therefor.

SB 185, relative to push-polling.

CACR 16, relating to procedure for nomination and review of judges. Providing that judges shall be nominated and selected by an independent commission and reviewed every 8 years thereafter.

HB 101, (New Title) requiring registered lobbyists to sign a statement concerning false statements or misrepresentation of material facts.

HB 126-FN, relative to the board of pharmacy and the regulation of pharmacists.

HB 130, relative to the maintenance of boundaries and fences.

HB 141, relative to regulation of junk yards.

HB 211, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws.

REPORTS

ENVIRONMENT

SB 189-FN-A, establishing a gasoline remediation and elimination of ethers fund. Vote 4-0

Ought to pass with amendment, Senator Cohen for the committee.

HB 166, establishing a committee to study gas and hazardous substance pipeline safety. Vote 4-0

Ought to pass with amendment, Senator Johnson for the committee.

HB 274-FN, banning the residential open burning of trash and relative to a dioxin emissions reduction and control program. Vote 3-0

Ought to pass with amendment, Senator Eaton for the committee.

EXECUTIVE DEPARTMENTS & ADMINISTRATION

SB 171-FN, relative to the negotiation of cost items within the public employee collective bargaining process and relative to computation of leave for state police employees injured in the line of duty. Vote 3-1

Inexpedient to Legislate, Senator Flanders for the committee.

SB 179-FN, relative to procedures for bid listing for state construction contracts. Vote 3-1

Inexpedient to Legislate, Senator Prescott for the committee.

INSURANCE

SB 39, establishing the positions of director of consumer affairs and market conduct chief administrator in the insurance department. Vote 5-0

Ought to pass with amendment, Senator Burns for the committee.

SB 109, implementing certain federal regulations relative to setting minimum requirements for employee benefit plan procedures pertaining to the filing of benefit claims, notification of benefit determinations, and appeal of adverse benefit determinations. Vote 5-0

Ought to pass with amendment, Senator Wheeler for the committee.

SB 118, relative to individual health insurance coverage.

MINORITY REPORT: Ought to pass with amendment, Senator Wheeler for the minority. Vote 2-3

MAJORITY REPORT: Ought to Pass, Senator Francoeur for the majority. Vote 3-2

SB 119, relative to small group health insurance coverage.

MINORITY REPORT: Ought to pass with amendment, Senator Wheeler for the minority. Vote 2-3

MAJORITY REPORT: Ought to Pass, Senator Francoeur for the majority. Vote 3-2

SB 127, relative to stress-related injuries under workers' compensation. Vote 5-0

Re-referred, Senator Francoeur for the committee.

SB 159-FN, relative to benefit options for surviving spouses and designated beneficiaries of deceased members of the retirement system. Vote 5-0

Ought to Pass, Senator Wheeler for the committee.

SB 158-FN, relative to payment of medical benefits for certain retirement system members retiring with combined creditable service or for certain members who have dependent children. Vote 5-0

Ought to Pass, Senator Wheeler for the committee.

SB 175-FN, relative to the position of assistant commissioner of the department of corrections. Vote 5-0

Ought to Pass, Senator Hollingworth for the committee.

SB 194-FN, relative to retirement allowances for certain surviving spouses of group II retirement system members. Vote 3-2

Ought to Pass, Senator Hollingworth for the committee.

JUDICIARY

HB 203, allowing a psychiatric/mental health nurse practitioner employed under contract with the department of corrections to be indemnified and defended by the state under the same conditions as psychiatrists. Vote 5-0

Ought to pass with amendment, Senator Roberge for the committee.

AMENDMENTS

Environment

May 2, 2001

2001-1093s

08/10

Amendment to SB 189-FN-A

Amend the bill by replacing all after the enacting clause with the following:

1 Oil Discharge and Disposal Cleanup Fund; Purpose. Amend RSA 146-D:1 to read as follows:

146-D:1 Purpose.

I. The general court finds that gasoline and diesel fuel, due to their extreme fluidity and suspected carcinogenic qualities, comprise a sufficiently distinct class of property which represents a potential serious health and safety problem to the citizens of New Hampshire. In particular, gasoline and diesel fuel present a potential threat to the quality of New Hampshire’s groundwater and environment because of the speed with which these products are able to flow into, and contaminate, valuable groundwater supplies. The purpose of this chapter is to establish financial responsibility for the cleanup of oil discharge and disposal, and to establish a fund to be used in addressing the costs incurred by the owners of underground storage facilities and bulk storage facilities for the cleanup of oil discharge and disposal, to protect groundwater, and for reimbursement for third party damages. The fund established under this chapter shall be in addition to the oil pollution control fund established pursuant to RSA 146-A:11-a.

II. The general court recognizes the adverse effect of discharges of gasoline ethers due to the speed with which ethers are able to flow into, contaminate, and accumulate in invaluable groundwater and surface water supplies. The purpose of this chapter is to provide financial assistance, in accordance with RSA 146-G, to victims of such discharges and to address the costs incurred by owners of pubic and private water supplies for the treatment and removal of gasoline from those supplies and remediation of groundwater and surface water contaminated by gasoline containing ethers.

2 New Paragraphs; Definitions. Amend RSA 146-D:2 by inserting after paragraph VII the following new paragraphs:

VIII. "Gasoline" means all products commonly or commercially known or sold as gasoline, including casinghead and absorption of natural gasoline, regardless of their classification or uses, and any liquid prepared, advertised, offered for sale, or sold for use as or commonly and commercially used as a fuel in internal combustion engines, which when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene, and similar petroleum products (ASTM Designation D-86) show not less than 10 percent distilled (recovered) below 347 degrees Fahrenheit (175 degrees Centigrade) and not less than 95 percent distilled (recovered) below 464 degrees Fahrenheit (240 degrees Centigrade); provided that the term gasoline shall not include commercial solvents or naphthas which distill by ASTM method D-86 not more than 9 percent at 176 degrees Fahrenheit and which have a distillation range of 150 degrees Fahrenheit or less, or liquefied gases which would not exist as liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.

IX. "Diesel fuel" means a liquid hydrocarbon fuel used in internal combustion high speed engines that operate with a diesel thermodynamic cycle.

X. "Person" means any operator, distributor, dealer, or broker who, or any wholesale terminal facility which, imports or causes to be imported gasoline containing ethers into the state. "Person" does not mean an oil spill cleanup organization or other person acting to contain, remove, cleanup, restore, or take other remedial or corrective action or measures with regard to the spillage or discharge of gasoline or threatened spillage or discharge of gasoline.

XI. "Import" means, for the purpose of determining the license fees under this section, any import of gasoline ethers or gasoline containing ethers into this state by any person whether by vessel, pipeline, truck, railroad, or any other contrivance to the extent that the import of such gasoline ethers has not been previously subject to the license fee under this section.

XII. "Gasoline ethers" means any ether added to gasoline to improve or increase octane or to increase gasoline oxygen content, and their by-products, including, but not limited to, methyl tertiary butyl ether, tertiary amyl methyl ether, di-isopropyl ether, and ethyl tertiary butyl ether.

3 Fund Established. RSA 146-D:3, VI is repealed and reenacted to read as follows:

VI. The fee collected on motor fuels shall be in the amounts and divided between the accounts as follows:

(a) For each gallon of diesel fuel for which a fee is assessed, $.014 shall be placed in an account for reimbursement of owners of eligible underground storage facilities and $.001 shall be placed in an account to be used for reimbursement of owners of eligible bulk storage facilities.

(b) For each gallon of gasoline for which a fee is assessed, the following amounts shall be placed in the corresponding accounts: $0.0115 in the underground storage facilities account, $0.001 in the bulk storage facilities account and $0.0025 in the gasoline remediation and elimination of ethers fund established under RSA 146-G for the cleanup of contamination from gasoline ethers.

(c) For all fees collected on gasoline during the period from January 1, 2001 to July 1, 2001 and deposited in the account for reimbursement of owners of eligible underground storage facilities, 18 percent of those fees shall be transferred to gasoline remediation and elimination of ethers fund for the cleanup of contamination from gasoline ethers.

4 New Chapter; Gasoline Remediation and Elimination of Ethers Fund. Amend RSA by inserting after chapter 146-F the following new chapter:

CHAPTER 146-G

GASOLINE REMEDIATION AND ELIMINATION OF ETHERS FUND

146-G:1 Purpose.

I. In recognition of its fiduciary responsibility to minimize the contamination of our citizens’ drinking water and the water sources of the state, the general court finds that ethers contained in gasoline, due to their extreme fluidity, recalcitrance to natural degradation, low taste and odor thresholds, and probable carcinogenic qualities, comprise a sufficiently distinct class of property which represent a particular, present, and rapidly escalating threat to the quality of all the water of the state and, thereby, to our citizens. The general court also finds that potentially serious health, safety, and environmental problems are evidenced due to the speed with which ethers are able to flow into, contaminate, and accumulate in invaluable groundwater supplies.

II. The intent of this chapter is to provide procedures that will expedite the cleanup of gasoline ether spillage, mitigate the adverse affects of gasoline ether discharges, encourage preventive measures, provide financial assistance to victims of such discharges, and to establish a fund to be used in addressing the costs incurred by owners of public and private water supplies for the treatment and removal of gasoline ethers from those supplies and the remediation of groundwater and surface water contaminated by gasoline ethers. The fund established under this chapter shall be in addition to the oil pollution control fund established pursuant to RSA 146-A:11-a and is separate from the oil discharge and disposal cleanup fund established pursuant to RSA 146-D:3.

146-G:2 Definitions. In this chapter:

I. "Discharge" or "spillage" means the release or addition of any gasoline containing ethers to land, groundwater, or surface water.

II. "Distributor" means any person, wherever resident or located, who imports or causes to be imported gasoline, as defined in this section, into the state; provided, however, that bringing gasoline into the state in the fuel supply tank attached to the engine of a vehicle or aircraft shall not be considered importing. "Distributor" does not mean a gasoline spill cleanup organization or other person acting to contain, remove, clean up, restore, or take other remedial or corrective action or measures with regard to the spillage or discharge of gasoline, or threatened spillage or discharge of gasoline.

III. "Ethers" means organic compounds formed by the treatment of an alcohol with a dehydrating agent resulting in 2 organic radicals joined by an oxygen atom. Gasoline ethers include but are not limited to methyl tertiary butyl ether (MtBE), tertiary amyl methyl ether (TAME), di-isopropyl ether (DIPE), and ethyl tertiary butyl ether (EtBE) and other ethers which may be contained in or added to gasoline prior to sale to the public.

IV. "Facility" means a location, including structures or land, at which gasoline is subjected to treatment, storage, processing, refining, pumping, transfer, or collection.

V. "Gasoline" means all products commonly or commercially known or sold as gasoline, including casinghead and absorption of natural gasoline, regardless of their classification or uses, and any liquid prepared, advertised, offered for sale, or sold for use as or commonly and commercially used as a fuel in internal combustion engines, which when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene, and similar petroleum products (ASTM Designation D-86) show not less than 10 percent distilled (recovered) below 347 degrees Fahrenheit (175 degrees Centigrade) and not less than 95 percent distilled (recovered) below 464 degrees Fahrenheit (240 degrees Centigrade); provided that the term gasoline shall not include commercial solvents or naphthas which distill by ASTM method D-86 not more than 9 percent at 176 degrees Fahrenheit and which have a distillation range of 150 degrees Fahrenheit or less, or liquefied gases which would not exist as liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.

VI. "Gasoline remediation and elimination of ethers fund" means the fund established pursuant to RSA 146-G:4.

VII. "Gasoline terminal facility" means any facility of any kind and its related appurtenances located within the boundaries of this state that is used or capable of being used for pumping, handling, transferring, processing, refining, or storing gasoline.

VIII. "Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations.

IX. "Neat gasoline ethers" mean ethers intended for blending with gasoline prior to sale to the public which are imported into the state with little or no admixtures or dilution. Neat gasoline ethers shall contain a minimum of 92.1 percent by volume ether, including its impurities.

X. "Oxygenate" means an organic compound containing oxygen added to gasoline to increase its oxygen content.

XI. "Operator" means any person owning or operating any gasoline terminal facility or vessel, whether by lease, contract, or any other form of agreement.

XII. "Removal costs" means the costs of containment, removal, cleanup, restoration, and remedial or corrective action or measures that are incurred after a spillage or discharge of gasoline has occurred or, in any case in which there is a threat of a spillage or discharge of gasoline, the cost to prevent, minimize, or mitigate gasoline pollution from such an incident.

XIII. "Surface water" means streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, watercourses, and other bodies of water, natural or artificial.

XIV. "Vessel" includes every description of watercraft or other contrivance used, or capable of being used as a means of transportation on water or land whether self-propelled or otherwise and shall include barges, tanker trucks, and railroad cars.

XV. "Wholesale terminal facility" means any facility of any kind and its related appurtenances that is primarily a wholesale distributor of gasoline products and that is used or capable of being used for pumping, handling, transferring, processing, refining, or storing gasoline.

146-G:3 Recovery by State. The attorney general shall institute such legal or equitable action as he or she deems necessary to recover or obtain judgment for the costs of containment, cleanup, removal, corrective measures, or civil penalties. This action may be brought in conjunction with an action for injunctive relief or in a separate action in superior court. In connection with an action brought under this section, the attorney general may obtain a prejudgment attachment.

146-G:4 Fund Established; Collection.

I. There is hereby established the gasoline remediation and elimination of ethers fund. This nonlapsing, revolving fund shall be used to pay the costs to implement the provisions of this chapter which include, but are not limited to, the salaries and expenses of additional personnel, as approved by the legislature, to the extent that such salaries and expenses are incurred in implementing the provisions of this chapter, testing and monitoring activities, and other costs of treatment or removal or corrective measures deemed necessary by the department of environmental services as a result of an actual or potential discharge of gasoline ethers into or onto the surface water or groundwater of the state. Moneys from the fund shall be used to mitigate the adverse affects of gasoline ether discharges including, but not limited to, provision of emergency water supplies to persons affected by such pollution, and, where necessary as determined by the department of environmental services, the establishment of an acceptable source of potable water to injured parties. Not more than $150,000 shall be allocated annually for research programs dedicated to the development and improvement of preventive and cleanup measures concerning such gasoline ether discharges. The waste management council shall approve any agreements entered into by the department for purposes of conducting research. Income derived from the fund shall only be used for those administrative costs needed to implement this chapter.

II. Moneys in the fund not currently needed to meet the obligations of the department of environmental services under this chapter shall be deposited with the state treasurer to the credit of the fund and shall be invested as provided by law. Interest received on such investment shall also be credited to the fund. If the fund’s balance becomes greater than $2,500,000, the transfer of monies into the fund as established in RSA 146-D:3 shall be discontinued and only re-established when the fund’s balance is below $1,000,000. Those fees normally transferred to the gasoline remediation and elimination of ethers fund shall accumulate instead in the account for reimbursement of owners of eligible underground storage facilities under RSA 146-D:3,VI.

III. All moneys paid to the state to reimburse costs paid out of the gasoline remediation and elimination of ethers fund by any person strictly liable to the state under this chapter shall be placed in the gasoline remediation and elimination of ethers fund.

IV. Any person who imports or causes to be imported neat gasoline ethers into the state shall be licensed by the department of safety under this chapter. The annual fee for the license shall be $0.10 per gallon of neat gasoline ethers imported into this state for the purpose of being mixed or blended with gasoline prior to sale to the public. The fee shall be paid monthly by such person to the department of safety and deposited by the department of safety into the gasoline remediation and elimination of ethers fund. Imposition of the fee shall be based on the records of the person and certified as accurate to the department of safety.

146-G:5 Competitive Bidding Required. The commissioner of environmental services shall enter into the competitive bidding process for any project undertaken by the department of environmental services under the authority of this chapter with an estimated cost of $10,000 or more. The commissioner may enter the competitive bidding process for any such project with an estimated cost of less than $10,000.

146-G:6 Corrective Measures Authorized. Corrective measures authorized by this chapter shall include but not be limited to:

I. Provision of interim water supplies to residents whose water supplies have been contaminated due to the presence of gasoline ethers above standards set by the department of environmental services or a condition determined to be hazardous by the office of community and public health and the state forensic toxicologist. This may include the supply of bottled water and the installation and operation of water supply treatment systems, approved or provided by the department.

II. The establishment of an acceptable source of potable water to injured parties, where necessary, as determined by the department of environmental services. This may include but not be limited to a proportioned share of the costs of construction of the extension of public water mains and appurtenances, the installation of replacement water supply wells and appurtenances, or the installation of water treatment processes for new or existing water supplies. Operation and maintenance costs or annual user fees for new or upgraded public water supply main extensions or treatment processes shall not be eligible expenses under this paragraph.

146-G:7 License Required; Fee.

I. Every person who imports or causes to be imported neat gasoline ethers into the state shall file a monthly report for the preceding month and shall include all fees due for that reporting period with the department of safety on or before the twentieth day of the following calendar month. Failure to file by the required date or to enclose fees due shall result in the assessment of a 10 percent penalty to be added to the amount of fees due for that month. If no fees are due, a penalty of $10 per day shall be assessed. Such penalty shall immediately accrue and thereafter the overdue fees and the penalty shall bear interest at the rate established by the Internal Revenue Service effective on the first business day of the calendar year. To this rate shall be added 2 percent. In determining the monthly rate, that figure shall be rounded off to the nearest quarter percent. The department of environmental services may waive all or any portion of penalties or interest for good cause. Such cause and incident shall be recorded in the records of the gasoline remediation and elimination of ethers fund.

II. No distributor licensed under this section shall import gasoline ethers into this state without paying the fee required by this section.

III. Unless otherwise provided, any person who violates any provision of this section shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

146-G:8 Administrative Costs.

I. Notwithstanding any other provision of law, if the expenditure of additional funds is necessary for the costs of administration of the collection process established in RSA 146-G:6, II and III, upon request of the commissioner of safety, the governor and council, upon recommendation of the department of environmental services and with prior approval of the fiscal committee of the general court, may authorize the transfer of funds from the gasoline remediation and elimination of ethers fund to the department of safety for such specific purposes only.

II. The commissioner of safety shall file reports with the department of environmental services on a quarterly basis, relative to the administrative costs of the collection activities of the department of safety under RSA 146-G:4, IV. Such report shall include detailed accounting of such costs, including procedures taken to separate such costs from any other administrative costs incurred by the department of safety relative to any other statutory responsibilities of that department.

146-G:9 Reporting by Department of Environmental Services. The department of environmental services shall file annual reports of the status of the gasoline remediation and elimination of ethers fund no later than October 1, to the speaker of the house and president of the senate. The first such report shall be submitted no later than October 1, 2002. The department of environmental services shall also file an interim report on the activities of the gasoline remediation and elimination of ethers fund, including expenditures and reimbursements, and enforcement and remediation activities under RSA 146-G, by January 1, 2005 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library. The department shall file a final report on the activities of the fund and enforcement and remediation activities by November 1, 2006 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library.

146-G:10 Review and Report. Upon issuance of the interim report by the department of environmental services required by RSA 146-G:7, the members of house and senate committees having jurisdiction over water quality policy shall constitute a joint committee for purposes of reviewing the effectiveness of the program implemented by this chapter. The joint committee shall review the effectiveness of the program implemented by this act, and shall report the joint committee’s findings and recommendations to the full senate.

146-G:11 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the allocation of funds from the gasoline remediation and elimination of ethers fund authorized under this section. Construction costs due to contamination from gasoline ethers incurred by operators of public water supplies between May 4, 2000 and the effective date of department rules may be considered for compensation on a case-by-case basis subject to approval of the waste management council.

5 Repeal. RSA 146-G, relative to the gasoline remediation and elimination of ethers fund, is repealed.

6 Effective Date.

I. Section 5 of this act shall take effect July 1, 2006.

II. The remainder of this act shall take effect July 1, 2001.

Environment

May 2, 2001

2001-1090s

06/01

Amendment to HB 166

Amend the title of the bill by replacing it with the following:

AN ACT requiring the gas utility restructuring oversight committee to study gas and hazardous substance pipeline safety.

Amend the bill by replacing all after the enacting clause with the following:

1 New Subparagraph; Gas Utility Restructuring Oversight Committee; Duties; Pipeline Safety. Amend RSA 374:60, IV by inserting after subparagraph (b) the following new subparagraph:

2 Effective Date. This act shall take effect upon its passage.

2001-1090s

AMENDED ANALYSIS

This bill requires the gas utility restructuring oversight committee to study gas and hazardous substance pipeline safety.

Environment

May 2, 2001

2001-1091s

08/01

Amendment to HB 274

Amend RSA 125-N:3, II as inserted by section 1 of the bill by replacing it with the following:

II. The department shall not implement or impose dioxin emission limits for emissions resulting from stationary source combustion of virgin petroleum fuels, coal and untreated wood and wood products without further legislative authorization unless such limits are required to be implemented or imposed under federal authority enacted or promulgated after the date of this act.

Amend the bill by replacing section 2 with the following:

2 Effective Date.

I. RSA 125-N:5, II as inserted by section 1 of this act shall take effect January 1, 2003.

II. The remainder of this act shall take effect upon its passage.

Insurance

May 2, 2001

2001-1094s

09/01

Amendment to SB 39

Amend the title of the bill by replacing it with the following:

AN ACT establishing the position of market conduct chief administrator in the insurance department.

Amend the bill by replacing section 1 with the following:

1 New Paragraph; Position Established. Amend RSA 400-A:6 by inserting after paragraph VII the following new paragraph:

VIII. There shall be a market conduct chief administrator, who shall be appointed by the commissioner, and who shall perform such duties and exercise such powers as the commissioner may authorize.

2001-1094s

AMENDED ANALYSIS

This bill establishes the position of market conduct chief administrator in the insurance department.

This bill is a request of the insurance department.

Insurance

May 2, 2001

2001-1098s

01/09

Amendment to SB 109

Amend the bill by replacing all after the enacting clause with the following:

1 New Paragraphs; Definitions Added. Amend RSA 415-A:1 by inserting after paragraph I the following new paragraphs:

I-a. "Claim denial" means any of the following: a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit, including any such denial, reduction, termination, or failure to provide or make payment that is based on a determination of a participant's or beneficiary's eligibility to participate in a plan, and including, with respect to group health plans, a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit resulting from the application of any utilization review, as well as a failure to cover an item or service for which benefits are otherwise provided because it is determined to be experimental or investigational or not medically necessary or appropriate.

I-b. "Claim involving urgent care" means any claim for medical care or treatment with respect to which the application of the time periods for making non-urgent care determinations:

(a) Could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function; or

(b) In the opinion of a physician with knowledge of the claimant's medical condition, would subject the claimant to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim.

I-c. "Claimant's representative" shall mean an individual authorized by a claimant in writing to pursue a claim or appeal on the claimant's behalf.

I-d. "Employee benefit plan" means employee benefit plans described in section 4(a) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1133 and 1135 and not exempted under section 4(b) of this Act.

2 New Paragraphs; Definitions Added. Amend RSA 415-A:1 by inserting after paragraph III the following new paragraphs:

IV. "Post-service claim" means any claim for a health or disability benefit to which the terms of the plan do not condition receipt of the benefit, in whole or in part, on approval of the benefit in advance of obtaining the medical care or disability benefit. "Post-service claim" shall not include a request for reimbursement made by a provider pursuant to the terms of an agreement between the provider and the health carrier.

V. "Pre-service claim" means any claim for a benefit under a health plan with respect to which the terms of the plan condition receipt of the benefit, in whole or in part, on approval of the benefit in advance of obtaining medical care. "Pre-service claim" shall not include a request for reimbursement made by a provider pursuant to the terms of an agreement between the provider and the health carrier.

3 New Sections; Minimum Standards for Claim Review; Accident and Health Insurance. Amend RSA 415-A:4 by inserting after section 4 the following new sections:

415-A:4-a Minimum Standards for Claim Review; Accident and Health Insurance. Any carrier that offers group health plans, employee benefit plans, and disability plans shall establish and maintain written procedures by which a claimant may obtain a determination of claims and by which a claimant may appeal a claim denial.

I. The procedures for determination of a claim shall meet the following minimum standards:

(a) The plan shall maintain a toll-free telephone number to ensure that a representative of the plan shall be accessible by telephone to insureds, patients, and claimant’s representatives as required to meet the response times specified herein.

(b) Clinical review criteria considered or utilized in making claim benefit determinations shall be:

(1) Developed with input from appropriate actively practicing practitioners in the licensed entity’s service area;

(2) Updated at least biennially and as new treatments, applications, and technologies emerge;

(3) Developed in accordance with the standards of national accreditation entities;

(4) Based on current, nationally accepted standards of medical practice; and

(5) If practicable, evidence-based.

(1) The specific reason or reasons for the determination and shall refer to the specific provision of the policy or plan on which the determination is based;

(2) A statement of the claimant's or the representative of the claimant’s right to access the internal grievance process and the process for obtaining external review. The notification shall also include a written explanation of any claim denial, with the name and credentials of the carrier or other licensed entity medical director, including board status and the state or states where the person is currently licensed, and the relevant clinical rationale used to make the claim denial. If the person making the claim denial is not the medical director but a designee, then the credentials, board status, and state or states of current license shall also be provided for that person. Nothing in this section shall be construed to require a carrier or other licensed entity to provide proprietary information protected by third party contracts;

(3) If an internal rule, guideline, protocol, or other similar provision was relied upon in making the benefit determination, a reference to the specific rule, guideline, protocol, or other similar provision; and a statement that such a rule, guideline, protocol, or other similar provision was relied upon in making the claim denial and that a copy of such rule, guideline, protocol, or other provision will be provided free of charge to the claimant or claimant’s representative upon request;

(4) If the claim denial is based on a medical necessity or experimental treatment or other similar exclusion or limit, an explanation of the scientific or clinical judgment for the determination, applying the terms of the plan or the policy to the claimant's medical circumstances;

(5) Any clinical review criteria that are used by the carrier or other licensed entity as the basis of a determination shall be disclosed to the treating provider and the claimant. Such disclosure shall be accompanied by the following notice: "The materials provided to you are criteria used by this plan to authorize, modify, or deny care for persons with similar illnesses or conditions. Specific care and treatment may vary depending on individual need and the benefits covered under your contract;" and

(6) A description of the plan's grievance procedures and the time limits applicable to such procedures. In the case of a denial of a benefit concerning a claim involving urgent care or in the case of a denial of a claim related to continuation of an ongoing course of treatment for a person who has received emergency services, but who has not been discharged from a facility, a description of the expedited review applicable to such a claim shall be included in the determination. For all other claim benefit determinations, a description of the grievance process shall be specifically described in the determination.

II. Notification of a claim denial shall be made within the following time periods:

(a) The determination of a claim involving urgent care shall be made as soon as possible, taking into account the medical exigencies, but in no event later than 72 hours after receipt of the claim, unless the claimant or claimant’s representative fails to provide sufficient information to determine whether, or to what extent, benefits are covered or payable. In the case of such failure, the licensee shall notify the claimant or claimant’s representative within 24 hours of receipt of the claim and shall advise the claimant or claimant’s representative of the specific information necessary to determine the claim. The 72-hour period shall be tolled until such time as the claimant submits the required information.

(b) The determination of a claim involving urgent care and relating to the extension of an ongoing course of treatment and involving a question of medical necessity shall be made within 24 hours of receipt of the claim, provided that the claim is made at least 24 hours prior to the expiration of the prescribed period of time or course of treatment. In the event the claimant or claimant’s representative fails to provide sufficient notice or sufficient information, the licensee shall notify the claimant or claimant’s representative within 24 hours of the receipt of the claim and shall advise the claimant or claimant’s representative of the specific information necessary to determine the claim. If the determination relates to a reduction or termination of coverage for a course of treatment beyond the end of the period of time or number of treatments previously approved, coverage for the services shall not be terminated during the pendency of the determination proceeding.

(c) The determination of all other claims for preservice benefits shall be made within a reasonable time period, but in no event more than 15 days after receipt of the claim, unless the claimant or claimant’s representative fails to provide sufficient information to determine whether, or to what extent, benefits are covered as payable. In the case of such failure, the licensee shall notify the claimant or claimant’s representative within 5 days of receipt of the claim. The 15-day period shall be tolled until such time as the claimant or claimant’s representative submits the required information.

(d) The determination of a post service claim shall be made within 30 days of the date of filing. In the event the claimant fails to provide sufficient information to determine the claim, the carrier shall notify the claimant within 15 days as to what additional information is required to process the claim and the claimant shall be given at least 45 days to provide the required information. The 30-day period for claim determination shall be tolled until such time as the claimant submits the required information.

III. Any carrier or other licensed entity that offers group health plans, employee benefit plans, and disability plans shall file with the department a copy of its claim determination procedure, including all forms used, and a copy of the materials designed to inform its members or insureds of the requirements of the claim determination and grievance procedure and the responsibilities and rights of the members or insureds under the plan each year. The carrier shall also file an acknowledgment that all applicable state and federal laws to protect the confidentiality of individual medical records are followed.

IV. In any request for a benefit determination, the claimant may authorize a representative to pursue the claim or benefit determination by submitting a written statement to the license that acknowledges the representation.

V. No fees or costs shall be assessed against a claimant related to a request for claim benefit determination.

415-A:4-b Appeal Procedure. Every carrier or other licensed entity which offers group health insurance, employee benefit plans, or disability benefits shall file with the insurance department, by April 1 of each year, and shall maintain a written procedure by which a claimant, or a representative of the claimant, shall have a reasonable opportunity to appeal a claim denial to the carrier or other licensed entity, and under which there shall be a full and fair review of the claim denial. The written procedure filed with the insurance department shall include all forms used to process an appeal.

I. Full and fair review shall require that:

(a) The person or persons reviewing the grievance shall not be the same person or persons making the initial determination, shall not be subordinate to or the supervisor of the person making the initial determination, and shall act as a fiduciary;

(b) The person reviewing the grievance on a first or second level appeal shall have appropriate medical and professional expertise and credentials to competently render a determination on appeal;

(c) The claimant or claimant’s representative shall have at least 180 days following receipt of a notification of an adverse benefit determination to appeal;

(d) The claimant or claimant’s representative shall have an opportunity to submit written comments, documents, records, and other information relating to the claim without regard to whether those documents or materials were considered in making the initial determination;

(e) The claimant or claimant’s representative shall be provided upon request, and without charge, reasonable access to, and copies of all documents, records, and other information relevant to or considered in making the initial adverse claim determination; and

(f) The review shall be a de novo proceeding and shall consider all information, documents, or other material submitted in connection with the appeal without regard to whether the information was considered in making the claim denial.

II. In the appeal of a claim denial that is based in whole or in part on a medical judgment:

(a) The review shall be conducted by or in consultation with a health care professional who has appropriate training and experience in the field of medicine;

(b) The titles and qualifying credentials of the person conducting the review shall be included in the decision; and

(c) The identity and qualifications of any medical or vocational expert whose advice was considered, without regard to whether it was relied upon in making the initial claim denial, shall be made available to the claimant upon request.

III. In the appeal of a claim for urgent care, a claim involving a matter that would seriously jeopardize the life or health of a covered person or would jeopardize the covered person's ability to regain maximum function, or a claim concerning an admission, availability of care, or the continued stay or health care service for a person who has received emergency services, but who has not been discharged from a facility, an expedited appeal process shall be made available which shall provide for:

(a) The submission of information by the claimant to the carrier by telephone, facsimile, or other expeditious method; and

(b) The determination of the appeal shall be made not more than 72 hours after the submission of the completed request for appeal.

IV. Timing and Notification for Determination on Appeal.

(a) In the case of nonexpedited appeal of a pre-service claim or a post-service claim, the determination on appeal shall be made within a reasonable time appropriate to the medical circumstances, but in no event more than 30 days after receipt by the carrier or other licensed entity of the claimant's appeal.

(b) In the case of an expedited appeal related to an urgent care claim, a carrier or other licensed entity shall make a decision and notify the covered person as expeditiously as the covered person's medical condition requires, but in no event more than 72 hours after the appeal is filed. If the expedited review involves ongoing urgent care services, the service shall be continued without liability to the covered person until the covered person has been notified of the determination. A carrier or other licensed entity shall provide written confirmation of its decision concerning an expedited review within 2 business days of providing notification of that decision, if the initial notification was not in writing.

(c) The period of time within which a decision shall be rendered on appeal shall begin to run at the time the appeal is filed in accordance with the appeal procedures of the carrier or other licensed entity, without regard to whether all the information necessary to make a determination on appeal is contained in the filing. In the event the claimant fails to submit information necessary to decide the appeal, the period for making the determination on appeal shall be tolled from the date the claimant is notified in writing of what additional information is required until the date the claimant responds to the request. The carrier or other licensed entity shall provide notification of incompleteness as soon as possible; but in no event more than 24 hours after the filing of the appeal in appeals involving urgent care. In the event that the claimant fails, within a 45-day period from the date of notification, to provide sufficient information, the carrier may deny the appeal on the basis of incompleteness. The appeal may be reopened upon receipt of the required information.

V. Manner and Content of Notification of Determination on Appeal.

(a) The carrier or other licensed entity shall provide a claimant with a written determination of the appeal that shall include:

(1) The specific reason or reasons for the determination, including reference to the specific provision, rule, protocol, or guideline on which the determination is based;

(2) A statement that the rule, protocol, or guideline governing the appeal will be provided without charge to the claimant upon request;

(3) A statement describing all other dispute resolution options available to the claimant, including, but not limited to other options for internal review options for external review, and options for bringing a legal action;

(4) A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant's claim for benefits;

(5) If an internal rule, guideline, protocol, or other similar criterion was relied upon in making the claim denial, either the specific rule, guideline, protocol, or other similar criterion; or a statement that such rule, guideline, protocol, or other similar criterion was relied upon in making the claim denial and that a copy of the rule, guideline, protocol, or other similar criterion will be provided free of charge to the claimant upon request;

(6) If the claim denial is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the denial, applying the terms of the plan to the claimant's medical circumstances, or a statement that such explanation will be provided free of charge upon request;

(7) The following statement: "You and your plan may have other voluntary alternative dispute resolution options, such as mediation. One way to find out what may be available is to contact your local U.S. Department of Labor Office and your state insurance regulatory agency;" and

(8) A statement describing the claimant's right to contact the insurance commissioner's office for assistance which shall include a toll-free telephone number and address of the commissioner.

(b) A carrier or other licensed entity that offers group health plans, employee benefit plans, or disability plans shall file with the commissioner a certificate of compliance by, April 1 of each year, stating that the carrier or other licensed entity has established and maintained, for each of its health benefit plans, grievance procedures that fully comply with the provisions of this chapter. Material modifications to the procedure shall be filed with the commissioner prior to becoming effective.

(c) A carrier or other licensed entity that offers group health plans, employee benefit plans, or disability plans shall maintain written records documenting all grievances and appeals received during a calendar year, a general description of the reason for the appeal or grievance, the name of the claimant, the dates of the appeal or grievance and the date of resolution.

(d) A carrier or other licensed entity which offers group health plans, employee benefit plans, or disability plans shall provide to consumers:

(1) A description of the internal grievance procedure for claim determinations and other matters. The description shall be set forth in or attached to the policy, certificate, membership booklet, or other evidence of coverage provided to covered persons;

(2) A statement of a covered person's right to contact the commissioner's office for assistance at any time. The statement shall include the toll-free telephone number and address of the commissioner; and

(3) A statement that the carrier or other licensed entity will provide assistance in preparing an appeal of an adverse benefit determination, and a toll-free telephone number to contact the carrier or other licensed entity.

(e) In any case where a carrier or other licensed entity that offers group health plans, employee benefit plans, or disability plans provides 2 levels of appeal for the pre-service claim determinations, the first level shall be completed within 15 days and the second level completed within the 30-day time period beginning from the initial date of filing the appeal or grievance. With respect to a second level appeal involving a claim for continuation of services or urgent care, the carrier or other licensed entity shall make a decision and notify the claimant within 72 hours after the second level appeal is filed. For second level appeals involving a post-service claim, the carrier shall make a decision and notify the claimant within 60 days of the date the appeal was filed.

(f) Annual reports shall be made to the insurance commissioner regarding plan complaints, claim denials, and prior authorization statistics in such form and containing such information as the commissioner may prescribe by rule or otherwise.

VI. In an appeal of a claim denial or other matter, the claimant may authorize a representative to pursue a claim or an appeal by submitting a written statement to the carrier or other licensed entity that acknowledges the representation.

VII. No fees or costs shall be assessed against a claimant related to a request for a grievance or appeal.

4 New Paragraph; Definition Added. Amend RSA 420-E:1 by inserting after paragraph I the following new paragraph:

I-a. "Claim involving urgent care" means any claim for medical care or treatment with respect to which the application of the time periods for making non-urgent care determinations:

(a) Could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function; or

5 New Paragraph; Definition Added. Amend RSA 420-E:1 by inserting after paragraph III the following new paragraph:

III-a. "Pre-service claim" means any claim for a benefit under a health plan with respect to which the terms of the plan condition receipt of the benefit, in whole or in part, on approval of the benefit in advance of obtaining medical care.

6 Licensure of Medical Utilization Review Entities; Minimum Standards. RSA 420-E:4 is repealed and reenacted to read as follows:

420-E:4 Minimum Standards; Licensure of Medical Utilization Review Entities. All licensees shall establish and maintain a utilization review procedure by which a claimant or claimant’s representative may seek a claim benefit determination. The procedure shall meet the following minimum standards:

I. The licensee shall maintain a toll-free telephone number to ensure that a representative of the licensee shall be accessible by telephone to insureds, patients, and providers 7 days a week during normal working hours.

II. Claim benefit determinations shall be made by a licensed or certified health care provider.

III. Clinical review criteria considered or utilized in making claim benefit determinations shall be:

(a) Developed with input from appropriate actively practicing practitioners in the carrier or other licensed entity's service area;

(b) Updated at least biennially and as new treatments, applications, and technologies emerge;

(d) Based on current, nationally accepted standards of medical practice; and

(e) If practicable, evidence-based.

IV. Notification of claim benefit determinations shall be made within the following time periods:

(b) The determination of a claim relating to the extension of an ongoing course of treatment and involving a question of medical necessity shall be made within 24 hours of receipt of the claim, provided that the claim is made at least 24 hours prior to the expiration of the prescribed period of time or course of treatment. In the event the claimant or claimant’s representative fails to provide sufficient notice or sufficient information, the licensee shall notify the claimant or claimant’s representative within 24 hours of the receipt of the claim and shall advise the claimant or claimant’s representative of the specific information necessary to determine the claim. Services shall not be terminated during the pendency of the determination proceeding.

(c) The determination of all other claims for benefits shall be made within a reasonable time period, but in no event more than 15 days after receipt of the claim, unless the claimant or claimant’s representative fails to provide sufficient information to determine whether, or to what extent, benefits are covered as payable. In the case of such failure, the licensee shall notify the claimant or claimant’s representative within 5 days of receipt of the claim. The 15-day period shall be tolled until such time as the claimant or claimant’s representative submits the required information.

V. The manner and content of notification of claim benefit determinations shall be as follows:

(a) The licensee shall notify the claimant or claimant’s representative in writing or electronically of the claim determination.

(b) The notification shall state the specific reason or reasons for the determination and shall refer to the specific provision of the policy or plan on which the determination is based.

(c) The notification shall include a statement of the claimant's right or the right of the claimant’s representative to access the internal grievance process and the process for obtaining external review. The notification shall also include a written explanation of any claim denial, with the name and credentials of the carrier or other licensed entity medical director; including board status and the state or states where the person is currently licensed, and the relevant clinical rationale used to make the claim denial. If the person making the claim denial is not the medical director but a designee, then the credentials, board status, and state or states of current license shall also be provided for that person. Nothing in this section shall be construed to require a carrier or other licensed entity to provide proprietary information protected by third party contracts.

(d) If an internal rule, guideline, protocol, or other similar provision was relied upon in making the benefit determination, the determination shall reference the specific rule, guideline, protocol, or other similar provision; and shall include a statement that such a rule, guideline, protocol, or other similar provision was relied upon in making the claim denial and that a copy of such rule, guideline, protocol, or other provision will be provided free of charge to the claimant or claimant’s representative upon request.

(e) If the claim denial is based on a medical necessity or experimental treatment or other similar exclusion or limit, the determination shall include an explanation of the scientific or clinical judgment for the determination, applying the terms of the plan or the policy to the claimant's medical circumstances.

(f) Any clinical review criteria that are used by the carrier or other licensed entity or its designee utilization review entity as the basis of an claim denial shall be disclosed to the treating provider and the claimant. Such disclosure shall be accompanied by the following notice: "The materials provided to you are criteria used by this plan to authorize, modify, or deny care for persons with similar illnesses or conditions. Specific care and treatment may vary depending on individual need and the benefits covered under your contract."

(g) In the case of a denial of a benefit concerning a claim involving urgent care or in the case of a denial of a claim related to continuation of an ongoing course of treatment for a person who has received emergency services, but who has not been discharged from a facility, a description of the expedited review applicable to such a claim shall be included in the determination. For all other claim benefit determinations, a description of the grievance process shall be specifically described in the determination.

VI. A licensee shall file with the department a copy of the materials designed to inform patients of the requirements of the utilization plan and the responsibilities and rights of patients under the plan and an acknowledgment that all applicable state and federal laws to protect the confidentiality of individual medical records are followed.

VII. In any request for a benefit determination, the claimant may authorize a representative to pursue the claim or benefit determination by submitting a written statement to the licensee that acknowledges the representation.

VIII. No fees or costs shall be assessed against a claimant related to a request for claim benefit determination.

7 Reference Change. Amend RSA 420-E:6 to read as follows:

420-E:6 Periodic Reviews. The commissioner or [~~his~~] designee may conduct periodic reviews of the operations of the entities licensed under this chapter to ensure that they continue to meet the minimum standards set in RSA 420-E:4 and any applicable rules adopted by the commissioner. The commissioner may perform periodic telephone audits of licensees to determine if representatives of the licensee are reasonably accessible, as required in RSA 420-E:4, [~~III~~] I.

8 Reference Changes. Amend RSA 420-E:7, III and IV to read as follows:

III. The time period for notification of determination as required under RSA 420-E:4, [I] IV.

IV. Standards for telephone accessibility as required under RSA 420-E:4, [~~III~~] I.

9 Reference Change. Amend RSA 420-E:7, X to read as follows:

X. Qualification of the reviewer, as required under RSA 420-E:4, [V] II.

10 New Paragraphs; Definitions. Amend RSA 420-J:3 by inserting after paragraph V the following new paragraphs:

V-a. "Claim involving urgent care" means any claim for medical care or treatment with respect to which the application of the time periods for making non-urgent care determinations:

(a) Could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function; or

V-b. "Claimant's representative" shall mean an individual authorized by a claimant in writing to pursue a claim or appeal on the claimant's behalf.

11 New Paragraphs; Definitions. Amend RSA 420-J:3 by inserting after paragraph XXVIII the following new paragraphs:

XXVIII-a. "Post service claim" means any claim for a health or disability benefit to which the terms of the plan do not condition receipt of the benefit, in whole or in part, on approval of the benefit in advance of obtaining the medical care or disability benefit. "Post-service claim" shall not include a request for reimbursement made by a provider pursuant to the terms of an agreement between the provider and the health carrier.

XXVIII-b. "Pre-service claim" means any claim for a benefit under a health plan with respect to which the terms of the plan condition receipt of the benefit, in whole or in part, on approval of the benefit in advance of obtaining medical care. "Pre-service claim" shall not include a request for reimbursement made by a provider pursuant to the terms of an agreement between the provider and the health carrier.

12 Grievance Procedures. RSA 420-J:5 is repealed and reenacted to read as follows:

420-J:5 Grievance Procedures. Every carrier or other licensed entity shall establish and shall maintain a written procedure by which a claimant or a representative of the claimant, shall have a reasonable opportunity to appeal a claim denial to the carrier or other licensed entity, and under which there shall be a full and fair review of the claim denial. The written procedure filed with the insurance department shall include all forms used to process an appeal.

I. Full and fair review shall require that:

(a) The persons reviewing the grievance shall not be the same person or persons making the initial determination, and shall not be subordinate to or the supervisor of the person making the initial determination;

(b) The person reviewing the grievance on a first or second level appeal have appropriate medical and professional expertise and credentialing to competently render a determination on appeal;

(d) The claimant shall have an opportunity to submit written comments, documents, records, and other information relating to the claim without regard to whether those documents or materials were considered in making the initial determination;

(e) The claimant shall be provided upon request, and without charge, reasonable access to, and copies of all documents, records, and other information relevant to or considered in making the initial adverse claim determination; and

II. In the appeal of a claim denial that is based in whole or in part on a medical judgment:

(a) The review shall be conducted by or in consultation with a health care professional who has appropriate training and experience in the field of medicine;

(b) The titles and qualifying credentials of the person conducting the review shall be included in the decision; and

III. In the appeal of a claim for urgent care, a claim involving a matter that would seriously jeopardize the life or health of a covered person or would jeopardize the covered person's ability to regain maximum function, or a claim concerning an admission, availability of care, continued stay or health care service for a person who has received emergency services, but who has not been discharged from a facility, an expedited appeal process shall be made available which shall provide for:

(a) The submission of information by the claimant to the carrier by telephone, facsimile, or other expeditious method; and

(b) The determination of the appeal not more than 72 hours after the submission of the request for appeal.

IV. Timing and Notification for Determination on Appeal

(a) In the case of nonexpedited appeal of a pre-service claim or post-service claim, the determination on appeal shall be made within a reasonable time appropriate to the medical circumstances, but in no event more than 30 days after receipt by the carrier or other licensed entity of the claimant's appeal.

(b) In the case of an expedited appeal related to an urgent care claim, a carrier or other entity shall make a decision and notify the covered person as expeditiously as the covered person's medical condition requires, but in no event more than 72 hours after the appeal is filed. If the expedited review involves ongoing urgent care services, the service shall be continued without liability to the covered person until the covered person has been notified of the determination. A carrier or other licensed entity shall provide written confirmation of its decision concerning an expedited review within 2 business days of providing notification of that decision, if the initial notification was not in writing.

(c) The period of time within which a decision shall be rendered on appeal shall begin to run at the time the appeal is filed in accordance with the appeal procedures of the carrier or other licensed entity, without regard to whether all the information necessary to make a determination on appeal is contained in the filing. In the event the claimant fails to submit information necessary to decide the appeal, the period for making the determination on appeal shall be tolled from the date the claimant is notified in writing of precisely what is required until the date the claimant responds to the request. The carrier or other licensed entity shall provide notification of incompleteness as soon as possible; but in no event more than 24 hours after the filing of the appeal in appeals involving urgent care. In the event that the claimant fails, within a 45-day period from the date of notification, to provide sufficient information, the carrier may deny the appeal on the basis of incompleteness. The appeal may be reopened upon receipt of the required information.

V. Manner and Content of Notification of Determination on Appeal

(a) The carrier or other licensed entity shall provide a claimant with a written determination of the appeal that shall include:

(1) The specific reason or reasons for the determination, including reference to the specific provision, rule, protocol, or guideline on which the determination is based;

(2) A statement that the rule, protocol, or guideline governing the appeal will be provided without charge to the claimant upon request;

(3) A statement describing all other dispute resolution options available to the claimant, including, but not limited to other options for internal review and options for external review and options for bringing a legal action;

(8) A statement describing the claimant's right to contact the insurance commissioner's office for assistance which shall include the toll-free telephone number and address of the commissioner.

(b) A carrier or other licensed entity that offers group health plans, employee benefit plans, or disability plans shall file annually with the commissioner, as part of its annual report required by RSA 420-J:5, V(g), a certificate of compliance stating that the carrier or other licensed entity has established and maintained, for each of its health benefit plans, grievance procedures that fully comply with the provisions of this chapter. Material modifications to the procedure shall be filed with the commissioner prior to becoming effective.

(d) A carrier or other licensed entity that offers group health plans, employee benefit plans, or disability plans shall provide to consumers:

(1) A description of the internal grievance procedure required under RSA 420-J:5 for claim denials and other matters and a description of the process for obtaining external review under RSA 420-J:5-a - RSA 420-J:5-e. These descriptions shall be set forth in or attached to the policy, certificate, membership booklet, or other evidence of coverage provided to covered persons.

(e) In any case where a carrier or other licensed entity provides 2 levels of appeal, the first level shall be completed within 15 days and the second level completed within the 30-day time period beginning from the initial date of filing the appeal or grievance. With respect to a second level appeal involving a claim for continuation of services or urgent care, the carrier or other licensed entity shall make a decision and notify the claimant within 72 hours after the second level appeal is filed. For appeals involving post service claims, the carrier shall make a decision and notify the claimant within 60 days of the date the completed appeal was filed.

(f) Annual reports shall be made to the insurance commissioner regarding plan complaints, adverse determinations, claim denials, and prior authorization statistics in such form and containing such information as the commissioner may prescribe by rule or otherwise.

(g) If the claimant has filed an appeal and the carrier or other licensed entity has not issued a decision within the required time frames, the carrier or other licensed entity shall promptly provide the claimant with a statement of the claimant's right to file an external appeal as provided in RSA 420-J:5-a - RSA 420-J:5-e. The statement of appeal rights shall include a description of the process for obtaining external review of a determination, a copy of the written procedures governing external review, including the required time frames for requesting external review, and notice of the conditions under which expedited external review is available.

VII. No fees or costs shall be assessed against a claimant related to a request for a grievance or appeal.

13 Utilization Review. RSA 420-J:6, III is repealed and reenacted as follows:

III. Notification of a claim denial shall be made within the following time periods:

(a) The determination of a claim involving urgent care shall be made as soon as possible, taking into account the medical exigencies, but in no event later than 72 hours after receipt of the claim, unless the claimant or claimant's representative fails to provide sufficient information to determine whether, or to what extent, benefits are covered or payable. In the case of such failure, the licensee shall notify the claimant or claimant's representative within 24 hours of receipt of the claim and shall advise the claimant or claimant's representative of the specific information necessary to determine the claim. The 72-hour period shall be tolled until such time as the claimant submits the required information.

(b) The determination of a claim involving urgent care and relating to the extension of an ongoing course of treatment and involving a question of medical necessity shall be made within 24 hours of receipt of the claim, provided that the claim is made at least 24 hours prior to the expiration of the prescribed period of time or course of treatment. In the event the claimant or claimant's representative fails to provide sufficient notice or sufficient information, the licensee shall notify the claimant or claimant's representative within 24 hours of the receipt of the claim and shall advise the claimant or claimant's representative of the specific information necessary to determine the claim. If the determination relates to a reduction or termination of coverage for a course of treatment beyond the end of the period of time or number of treatments previously approved, coverage for the services shall not be terminated during the pendency of the determination proceeding.

(c) The determination of all other claims for pre-service benefits shall be made within a reasonable time period, but in no event more than 15 days after receipt of the claim, unless the claimant or claimant's representative fails to provide sufficient information to determine whether, or to what extent, benefits are covered as payable. In the case of such failure, the licensee shall notify the claimant or claimant's representative within 5 days of receipt of the claim. The 15-day period shall be tolled until such time as the claimant or claimant's representative submits the required information.

14 New Paragraph; Definition Added. Amend RSA 420-J:3 by inserting after paragraph V the following new paragraph:

V-a. "Claim denial" means any of the following: a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit, including any such denial, reduction, termination, or failure to provide or make payment that is based on a determination of a participant's or beneficiary's eligibility to participate in a plan, and including, with respect to group health plans, a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit resulting from the application of any utilization review, as well as a failure to cover an item or service for which benefits are otherwise provided because it is determined to be experimental or investigational or not medically necessary or appropriate.

15 Reference Changes. Amend RSA 420-J:5-a, I(b) and (c) to read as follows:

(b) The covered person has completed the internal review procedures provided by the carrier or other licensed entity pursuant to RSA 420-J:5, [~~III through VI,~~] or the carrier or other entity has agreed to submit the determination to independent external review prior to completion of internal review, or the covered person has requested first or second level, standard or expedited review and has not received a decision from the carrier or other licensed entity within the required time frames;

(c) The covered person or the covered person's authorized representative has submitted the request for external review in writing to the commissioner within 180 days of the date of the carrier or other licensed entity's second level denial decision provided pursuant to RSA 420-J:5, [~~V or VI,~~] or if the carrier or other licensed entity has failed to make a first or second level, standard or expedited review decision that is past due, within 180 days of the date the decision was due;

16 Reference Change. Amend RSA 420-H:4, VI to read as follows:

VI. For companies or insurers providing health insurance through a managed care system of health care delivery or reimbursement, a description of the grievance procedures as required pursuant to RSA 420-J:5[~~, II(a)~~].

17 Effective Date. This act shall take effect January 1, 2002.

Insurance

May 2, 2001

2001-1096s

01/09

Amendment to SB 118

Amend the bill by replacing all after the enacting clause with the following:

1 Purpose. RSA 420-G:1, III is repealed and reenacted to read as follows:

III. To regulate underwriting and rating practices in the small employer and individual markets so as to promote access to affordable coverage for higher risk groups or individuals.

2 Ratio Changed. Amend RSA 420-G:4, I(a)(2) to read as follows:

(2) Health carriers may modify such average premium as established pursuant to subparagraph I(a)(1) for age and health status only in accordance with the following limitations:

(A) The maximum premium differential for age as determined by ratio shall be [3] 4 to 1 for individual health insurance and 3 to 1 for small employer health insurance. The limitation shall not apply for determining rates for an attained age of less than 19.

[~~(B) Health carriers modifying such average premium for age may do so only by using the following age brackets:~~

0 - 18

19 - 24

25 - 29

30 - 34

35 - 39

40 - 44

45 - 49

50 - 54

55 - 59

60 - 64

~~65 +~~]

[~~(C)~~] (B) In the individual market only, the maximum differential due to health status shall be [~~1.2~~] 1.5 to 1.

[~~(D)~~] (C) Permissible rating characteristics shall not include changes in health status after issue.

3 Guaranteed Issue and Renewability. Amend RSA 420-G:6, III to read as follows:

III. Health carriers shall actively market, issue, and renew all of the health coverages they sell in the [~~individual or~~] small employer market[,] to all [~~individuals or~~] small [~~employees~~] employers.

4 Definition; Covered Lives. Amend RSA 404-G:2, V to read as follows:

V. "Covered lives" shall include all persons living or working in New Hampshire for which a carrier provides health insurance evidenced by a policy or a group certificate issued in New Hampshire. For group excess loss insurance, or other types of group health insurance for which no certificates are issued, covered lives shall mean those New Hampshire employees and their dependents who are protected, in part, by a policy or a certificate, issued in New Hampshire, and purchased by a group health insurance plan subject to the Employee Retirement Income Security Act of 1974, Public Law No. 93-406 (ERISA).

5 New Paragraphs; Definitions Added. Amend RSA 404-G:2 by inserting after paragraph X the following new paragraphs:

X-a. "Plan of operation" means the plan of operation of the risk sharing mechanism and the high risk pool, including articles, bylaws and operating rules, procedures and policies adopted by the association.

X-b. "Pool" means the New Hampshire health insurance high risk pool.

6 Association’s Powers and Duties. RSA 404-G:3 is repealed and reenacted to read as follows:

404-G:3 Association’s Powers and Duties.

I. The association shall be a not-for-profit, voluntary corporation under RSA 292 and shall possess all general powers as derive from that status and such additional powers and duties as are approved by the commissioner or as specified below.

II. The board of directors of the association shall have the following powers:

(a) Enter into contracts as necessary or proper to administer the plan of operation.

(b) Sue or be sued, including taking any legal action necessary or proper for the recovery of any assessments for, on behalf of, or against members of the association or other participating person.

(c) Take legal action as necessary to avoid the payment of improper claims against the plan or to defend the coverage provided by or through the pool.

(d) Oversee the issuance of policies of insurance and certificates or evidences of coverage.

(e) Retain appropriate legal, actuarial, and other persons as necessary to provide technical assistance in the operation of the plan, policy development, and other contract design and in any other function within the authority of the plan.

(f) Borrow money to carry out the plan of operation.

(g) Provide for reinsurance of risks incurred.

(h) Perform any other functions within the authority of the association as may be necessary or proper to carry out the plan of operation.

III. The board of directors of the association shall have the following duties:

(a) Fulfill the plan of operation as approved by the commissioner.

(b) Issue policies of insurance to persons eligible for the high risk pool.

(d) Determine and collect assessments for the risk sharing mechanism and for the high risk pool.

(e) Disburse assessment payments, as provided in the plan of operation for the high risk pool.

(f) Establish appropriate rates, rate schedules, rate adjustments, expense allowances, agent referral fees, claim reserve formulas and any other actuarial functions appropriate to the plan of operation for the high risk pool.

(g) Provide for and employ cost-containment measures and requirements, which shall include but not be limited to, preadmission screening, second surgical opinion, concurrent utilization review, and individual case management for the purpose of making the benefit plan more cost effective.

(h) Develop a list of medical or health conditions the existence or history of which makes an individual eligible for participation in the high risk pool without first requiring application to a carrier for health coverage.

(i) In connection with the managed care coverage options required pursuant to RSA 404-G:5-a, III, design, utilize, contract or otherwise arrange for the delivery of cost-effective health care services, including establishing or contracting for administration and operation of the pool with a carrier, a preferred provider organizations, a health maintenance organizations, or any other network provider arrangement.

IV. Neither the association nor its employees shall be liable for any obligations of the plan. No member or employee of the association shall be liable, and no cause of action of any nature may arise against them, for any act or omission related to the performance of their powers and duties under this chapter unless such act or omission constitutes willful or wanton misconduct. The association may provide in its bylaws or rules for indemnification of, and legal representation for, its members and employees.

7 Association Membership and Governance. Amend RSA 404-G:4, II-VII to read as follows:

II. The initial board of directors of the association shall be the same as that set forth in the order. Except as provided in paragraph IV, each successor board shall consist of [5] 6 individuals who are representative of categories of members of the association, health care providers, consumers who have purchased or are likely to purchase coverage from the pool, and the commissioner who shall be an ex-officio member. In the initial and in each successor board, 2 directors shall be representative of and elected by qualified writers of group health insurance [~~and 3~~], 2 directors shall be eligible to receive a subsidy under this chapter and shall be representative of and elected by qualified writers of individual health insurance, one director shall be representative of the health care provider community and shall be appointed by the commissioner, and one director shall be representative of consumers and shall be appointed by the commissioner.

III. There shall be no more than one director representing any one qualified writer or its affiliate. For purposes of this section, the insurance activities of any elected director’s affiliate shall be deemed to be insurance activities of the elected director.

IV. Qualified writers of individual or group health insurance shall be those that provide coverage for at least 500 covered lives or 5 percent of the total covered lives in the relevant market. A member’s votes for individual or group market representatives shall be proportional to the member’s assessment in that market.

V. If, at any board election subsequent to the establishment of the initial board, one or more elected group representatives are also [~~writing~~] qualified individual health insurance writers, then the membership of the board shall be altered by applying the provisions in subparagraphs (a) through (d) to such elected group representatives.

(a) If the elected group representative writing in the individual market is also an elected individual representative, then that member shall take a seat on the board as an individual representative and relinquish the group seat. The group writer with the next highest number of group votes shall take the relinquished group seat.

(b) If the elected group representative writing in the individual market is not also an elected individual representative, then [~~up to 2 directors~~] one director will be added to the board as follows:

(1) If the total size of the board-elect is [~~5 or~~] 6, the elected group representative shall remain on the board, but neither as a group or an individual representative, and the group writer with the next highest number of group votes shall join the board as a group representative; but

(2) If the total size of the board-elect is 7, the elected group representative shall not remain on the board and the group writer with the next highest number of group votes shall take the relinquished group seat.

(c) The provisions in subparagraphs (a) and (b) shall be applied to elected group representatives in the order of the number of votes received.

(d) The seats added to the board pursuant to subparagraph (b) shall not survive the term of the seat-holder.

VI. Members of the board of directors shall be elected to terms of one year.

VII. The board of directors shall take action by affirmative vote of [~~one~~] 2 less than the total number of directors.

8 Plan of Operation. RSA 404-G:5 is repealed and reenacted to read as follows:

404-G:5 Plan of Operation. The board of directors of the association shall adopt a plan of operation, which shall describe the operations of the risk sharing mechanism and the New Hampshire high risk pool. The plan of operation shall be submitted to the commissioner for approval prior to adoption by the board.

I. Description of the risk sharing mechanism. Sharing shall be implemented through a risk adjustment and subsidization mechanism whereby writers of health insurance will subsidize losses of writers in the individual market. The mechanism shall include parameters which will limit its costs and ensure proper claims management by the nongroup writers.

(a) The plan of operation for the risk sharing mechanism shall:

(1) Describe the risks to be shared;

(2) Describe the risk adjustment and subsidization mechanism;

(3) Establish the criteria and procedures to limit costs and ensure proper claims management by nongroup writers;

(4) Establish procedures to determine the amount of the subsidy for the risk sharing mechanism;

(5) Establish procedures for the handling and accounting of the money raised by assessment to fund the risk sharing mechanism, including the financial and other records to be kept; and

(6) Establish regular times and places for board meetings.

(b) Subsidy determination for the risk sharing mechanism. For a given calendar year, the subsidy calculations for the risk sharing mechanism shall be based on the experience of the prior year. Only individual health insurance writers who are actively marketing individual health insurance, in accordance with the provisions of RSA 420-G, during the calendar year in which the subsidy is distributed shall be eligible for a subsidy. For companies which utilize health status factors, only individuals whose coverage is written at the maximum allowable health status factors under RSA 420-G and whose coverage was issued prior to July 1, 2002 shall be eligible for a subsidy. For companies which do not utilize varied health status factors, all individuals whose coverage is written under RSA 420-G and whose coverage was issued prior to July 1, 2002 shall be eligible for a subsidy. The subsidy determination process shall recognize and compensate writers based on the risk characteristics of coverages eligible for consideration in the subsidy relative to standards established by the association board. Nothing in this chapter shall preclude the commissioner from approving a subsidy mechanism that fully compensates individual health insurers for all costs incurred on subsidy-eligible coverages on excess of the premiums collected from subsidy-eligible coverages.

(1) Assessment liabilities shall commence on the effective date of this chapter. The association shall calculate the assessment necessary to fund the risk sharing mechanism based on the number of covered lives. The number of covered lives shall be determined each month during the calendar year. The assessment shall be calculated as the number of covered lives times a specified amount. The specified amount shall be fixed throughout the calendar year and shall be determined by the board no later than the first day of November preceding the calendar year for which the amount is to be used. The amount shall be subject to approval by the commissioner. The board shall provide a basis for recommending the specified amount, including a projection of the calculated subsidy and consideration of any prior year shortfalls or overages.

(2) The commissioner shall approve such amount if he or she finds, after consideration of the:

(A) Board’s subsidy determination process;

(B) Number of subsidy-eligible lives;

(D) Morbidity experience of the subsidy-eligible lives; and

(E) Morbidity experience of the entire non-group market; that the amount petitioned by the board is no greater than is necessary to fulfill the purposes of this chapter. For the purpose of making this determination, the commissioner may, at the expense of the association, seek independent actuarial certification of the need for the increase.

(3) Each covered life should be included in the assessment only once. The board shall adopt procedures by which affiliated carriers calculate their assessment on an aggregate basis and procedures to ensure that no covered life is counted more than once.

II. The high risk pool shall be funded in part through an assessment mechanism whereby writers of health insurance contribute an amount sufficient to cover the expenses and losses of the pool not covered by premiums.

(a) The plan of operation for the high risk pool shall establish:

(1) Procedures for handling and accounting for the assets and moneys of the plan;

(2) Procedures for selecting and retaining a pool administrator;

(3) Procedures to establish and maintain public awareness of the plan, including its eligibility requirements and enrollment procedures;

(4) Procedures to create a fund, under management of the board, for administrative expenses;

(5) Procedures for the handling, accounting and auditing of assets, moneys and claims of the pool;

(6) Requirements for the financial and other records required to be kept;

(7) Regular times and places for meetings of the board; and

(8) Procedures by which applicants and participants can submit utilization review determinations and grievances to the pool administrator. The procedures shall ensure that utilization review determinations and grievances will be processed properly and in accordance with all statutory and regulatory requirements.

(b) The assessment shall be based on the number of covered lives times a specified assessment rate. The association shall specify the basis for calculating the amount of the assessment.

(1) Calculated on a calendar year basis;

(2) Established no later than November first in the year preceding the calendar year for which the carrier’s experience shall be used to calculate the assessment; and

(3) Anticipated to suffice the high risk pool’s funding needs.

(d) In addition to the regular assessment rate, the association may establish a special assessment rate.

(1) The association shall only establish a special assessment if the association determines that its funds are or will become insufficient to pay the high risk pool’s expenses in a timely manner.

(2) The association shall only assess, through the special assessment, at a rate necessary to fund the deficiency ascertained in subparagraph (1) above.

(e) The regular assessment rate, and any special assessment rates, shall be subject to the approval of the commissioner. The commissioner shall approve the rates if she or he finds that the amount is reasonable required to fulfill the purposes of the high risk pool. For the purpose of making this determination, the commissioner may, at the expense of the association, seek independent actuarial certification of the need for the proposed rates.

(f) The association shall impose and collect assessments from its members.

(g) If the assessment exceeds the amount actually needed, the excess shall be held and invested and, with the earnings and interest thereon, be used to offset future net losses.

(h) Each covered life should be included in the assessment only once. The association shall adopt procedures by which affiliated carriers calculate their assessment on an aggregate basis and procedures to ensure that no covered life is counted more than once.

(i) The initial assessment rate to fund the high risk pool shall be 60 cents per covered life per month, and shall take effect on policies or certificates issued or renewed on or after July 1, 2001.

9 New Sections; High Risk Pool; Administrator; Premiums; Eligibility. Amend RSA 404-G by inserting after section 5 the following new sections:

404-G:5-a High Risk Pool.

I. There is hereby created the New Hampshire high risk pool. This pool shall operate subject to the supervision and control of the association and shall offer policies of insurance on or after July 1, 2002. The pool shall offer health care coverage consisting of 4 benefit plans, 2 of which shall be managed care plans.

II. The coverage to be issued by the plan, a schedule of benefits, exclusions and other limitations shall be established by the association subject to the approval of the commissioner. In establishing the plan coverage, the association shall take into consideration the levels of health insurance coverage provided in the state and medical economic factors as may be deemed appropriate and shall promulgate benefit levels, deductibles, coinsurance factors, exclusions and limitations determined to be generally reflective of and commensurate with comprehensive, major medical health insurance coverage provided in the state. The association shall, utilizing standard morbidity assumptions, annually place a value on all plans presently being written or issued in the individual market. The association shall average these values, weighed according to each plan’s written premium volume, or some other suitable proxy, and utilizing the same standard morbidity assumptions, shall develop 2 coverage options: Option A and Option B.

III. The value of Option A developed by the association shall be 10 percent higher than the average value computed under paragraph II and the value of Option B shall be 10 percent lower than the average value computed under paragraph II. The association shall also provide a managed care version of Option A and a managed care version of Option B for a total of 4 plan choices.

IV. The insurance plans developed by the association shall comply with all applicable insurance laws and rules, except as provided herein.

V.(a) The pool shall be payer of last resort of benefits whenever any other benefit or source of third-party payment is available. The pool shall have a right of subrogation for any other health insurance coverage and by all hospital and medical expense benefits paid or payable under any workers’ compensation coverage, automobile medical payment or liability insurance whether provided on the basis of fault or nonfault, and by any hospital or medical benefits paid or payables under or provided pursuant to any state or federal law or program.

(b) The pool shall have a cause of action against an eligible person for the recovery of the amount of benefits paid that are not for covered expenses. Benefits due from the plan may be reduced or applied as a set-off against any amount recoverable under this paragraph.

VI. The high risk pool shall be funded by premiums charged for coverage and by assessments which the association shall calculate based on the number of covered lives times a specified amount. The high risk pool shall not be funded with state general fund revenue.

404-G:5-b High Risk Pool Administrator.

I. The board shall select a high risk pool administrator through a competitive bidding process to administer the pool. The board shall evaluate bids submitted based on criteria established by the board which shall include:

(a) The high risk pool administrator’s proven ability to handle health insurance coverage to individuals;

(b) The efficiency and timeliness of the high risk pool administrator’s claim processing procedures;

(d) The high risk pool administrator’s ability to apply effective cost containment programs and procedures and to administer the pool in a cost efficient manner; and

(e) The financial condition and stability of the high risk pool administrator.

II.(a) The high risk pool administrator shall serve for a period of at least 3 years and shall be subject to removal for cause; and

(b) At least one year prior to the expiration of each period of service by a high risk pool administrator, the association shall invite eligible entities, including the current high risk pool administrator to submit bids to serve as the high risk pool administrator. Selection of the high risk pool administrator for the succeeding period shall be made at least 6 months prior to the end of the current period.

III. The high risk pool administrator shall perform such functions relating to the plan as may be as assigned to it, including:

(a) The determination of eligibility;

(b) The payment of claims, the development of procedures to ensure that each claim is promptly paid;

(d) The acceptance of payments of premiums from insureds;

(e) The development of procedures to ensure that medical utilization reviews and grievance determinations are conducted in a fair and timely manner and in accordance with all statutory and regulatory requirements; and

(f) Other necessary functions to assure timely payment of benefits to covered persons under the pool.

IV. The high risk pool administrator shall submit regular reports to the association and the commissioner regarding the operation of the pool. The frequency, content and form of the report shall be specified in the contract between the association and the high risk pool administrator.

V. Following the close of each calendar year, the high risk pool administrator shall determine net written and earned premiums, the expense of administration, and the paid and incurred losses for the year and report this information to the association and the commissioner on a form prescribed by the commissioner.

VI. The high risk pool administrator shall be paid as provided in the contract between the association and the high risk pool administrator.

VII. The association shall submit the contract between itself and the high risk pool administrator to the commissioner for approval.

VIII. The association may select more than one administrator for the high risk pool.

404-G:5-c Premiums.

I. Premiums charged for the policies issued by the plan shall be based on the standard risk rate calculated pursuant to paragraph II of this section.

II. The standard risk rate shall be calculated using the average rate, based on the lowest allowable health status factor, for health benefit plan or policies which are presently available in New Hampshire and adjusted for the difference in the actuarial value of the pool’s plans relative to these available plans using the factors derived pursuant to RSA 404-G:5-a, II.

III. Premium rates for coverage under the plan shall not exceed 150 percent of the standard risk rate established pursuant to paragraph II of this section for Option A- Managed Care and Option B- Managed Care, and 150 percent for the non-managed care versions of Option A and Option B. The association shall charge high risk pool enrollees a premium charge based on the standard rate for the plan adjusted for the attained age of the high risk pool enrollee. The adjustment for attained age shall conform to the provisions of RSA 420-G.

IV. All premium rates and rate schedules shall be submitted to the commissioner for approval.

404-G:5-d Eligibility.

I. An individual who is a New Hampshire resident shall be eligible for coverage through the high risk pool if:

(a) The individual has applied to a carrier of individual health insurance for coverage that is substantially similar to the coverage that is available through the pool, and the carrier has refused to write or issue that coverage to that individual because of his or her health or medical condition;

(b) The individual has applied to a carrier of individual health insurance for coverage that is substantially similar to the coverage that is available through the pool, and such application has been accepted, but at a premium rate exceeding the rate available through the pool; or

II. The association shall promulgate a list of medical or health conditions for which a person shall be eligible for plan coverage without applying for health insurance coverage. Persons who can demonstrate the existence or history of any medical or health conditions on the list promulgated by the association shall not be required to provide evidence of a notice of rejection or refusal. The list shall be effective on the first day of the operation of the pool and may be amended from time to time as may be appropriate.

III. Each resident dependent of a person who is eligible for pool coverage shall also be eligible for pool coverage. If the primary insured is a child, resident family members shall also be eligible for pool coverage.

IV. New Hampshire residents who are presently insured through an individual policy shall be eligible for pool coverage only if the rate assessed by the individual carrier exceeds the pool rate.

V. An individual shall not be eligible for coverage under the pool if:

(a) The individual is eligible for employer sponsored health coverage, including continuation of group coverage, as either an employee or an eligible dependent; or

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

(c) The person’s premiums are paid for or reimbursed under any government sponsored program or by any government agency or health care provider, except as an otherwise qualifying full-time employee, or dependent thereof, of a government agency or health care provider.

VI. Coverage shall cease:

(a) On the date a person is no longer a resident of this state;

(b) On the date a person requests coverage to end;

(d) On the date state law requires cancellation of the policy; or

(e) At the option of the plan, 30 days after the plan makes any inquiry concerning the person’s eligibility or place of residence to which the person does not reply.

404-G:5-e Application of Provisions of the Insurance Code.

I. The pool shall be subject to examination and regulation by the insurance department.

II. The following provisions of the title 37 shall apply to the pool to the extent applicable and not inconsistent with the express provisions of this chapter: RSA 415:5, 415:6, 415:6-a, 415:6-b, 415:6-c, 415:6-f, 415:6-g, 415:6-h, 415:7, 415:9 – 415:13, 415:22, 415:22-a, 415:22-b, 415:23, RSA 415-A, RSA 417, RSA 420-B:8, 420-B:8-b, 420-B:8-d, 420-B:8-e, 420-B:8-ee, 420-B:8-f, 420-B:8-ff, 420-B:8-g, 420-B:8-gg, 420-B:8-h, 420-B:8-i, 420-B:8-j, 420-B:8-k, 420-B:8-m, 420-B:11-12, RSA 420-C, RSA 420-E:4, RSA 420-G:7, 420-G:8, 420-G:11, RSA 420-H, RSA 420-I, and RSA 420-J:3. For the purposes of this chapter, the pool shall be deemed an insurer, pool coverage shall be deemed individual health insurance, and pool coverage contracts shall be deemed policies.

10 Examination and Annual Report. Amend RSA 404-G:7 to read as follows:

404-G:7 Examination and Annual Report. The association shall be subject to examination by the commissioner. The board of directors shall submit to the commissioner each year, not later than 120 days after the association’s fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the proceeding fiscal year. The report shall summarize the activities of the risk sharing mechanism and the high risk pool in the preceding calendar year, including the net written and earned premiums, enrollment, the expense of administration, and the paid and incurred losses. The association’s fiscal year shall be the calendar year.

11 New Paragraphs; Notice to Residents; Unfair Referral to the Pool. Amend RSA 420-G:5 by inserting after paragraph III the following new paragraphs:

IV. Individual health insurance carriers shall be responsible for ascertaining the eligibility of any individual applicant or insured for high risk pool coverage. If a carrier determines that an individual meets any of the eligibility criteria set forth in RSA 404-G:5-d, the carrier shall give the individual written notice, with the declination of coverage, the coverage offering or the renewal rate quote as applicable. The notice shall include information about available benefits and exclusions of high risk pool coverage and the name, address, and telephone number of the pool administrator or the administrator’s designee.

V. It shall constitute an unfair trade practice under RSA 417 for an insurer, insurance producer, or third party administrator to refer an individual employee to the pool, or arrange for an individual employee to apply to the pool, for the purpose of separating that employee from group health insurance coverage provided in connection with the employee’s employment.

12 Repeal. RSA 420-G:6, IV, relative to high risk pools, is repealed.

13 Emergency Rules. In the event that approvals required for the high risk pool have not been obtained by July 1, 2002, the commissioner of insurance may adopt emergency rules to establish a high risk pool.

14 Effective Date.

I. Section 8 of this act shall take effect July 1, 2001.

II. The remainder of this act shall take effect July 1, 2002, provided that the board established in RSA 404-G has obtained all approvals required for the high risk pool and policies of insurance are available through the high risk pool.

2001-1096s

AMENDED ANALYSIS

This bill establishes the health insurance risk pool for the purposes of individual health insurance coverage.

Insurance

May 2, 2001

2001-1097s

01/09

Amendment to SB 119

Amend the bill by replacing all after the enacting clause with the following:

1 Purpose Revised. Amend RSA 420-G:1, III to read as follows:

III. To [~~prohibit or~~] constrain underwriting and rating practices in the small employer [~~and individual~~] markets, so as to prevent health carriers from excluding higher risk applicants from coverage or charging unaffordable premium rates to those unable to meet selection standards. With the help of the mandatory risk sharing mechanism described in RSA 404-G, nongroup health carriers will be expected to manage the risk of individuals having above average experience.

2 Definitions Added. Amend RSA 420-G:2, I to read as follows:

420-G:2 Definitions. In this chapter:

I. [~~"Community rating"~~] "Adjusted community rating" means a rating methodology [~~which produces the same premium for every person covered under the same health coverage~~] used to establish the premium rates for health plans adjusted to reflect actuarially demonstrated differences in utilization or cost attributable to case characteristics.

I-a. "Case characteristics" means demographic or other relevant characteristics of a small employer. For purposes of this chapter, allowable case characteristics include only age, family composition, geographical area, and group size. Case characteristics may be considered by the health carrier in the determination of premium rates for the small employer. Claim experience, health status, and duration of coverage since issue are not case characteristics for the purpose of this chapter.

3 Definition of Large Employer. Amend RSA 420-G:2, XII(a) to read as follows:

XII.(a) "Large employer" means an employer that employed on average at least [~~101~~] 51 persons, on business days, during the previous calendar year.

4 Definition of Small Employer. Amend RSA 420-G:2, XVI(a) to read as follows:

XVI.(a) "Small employer" means a business or organization which employed on average, one and up to [~~100~~] 50 employees, including owners and self-employed persons, on business days during the previous calendar year. A small employer is subject to this chapter whether or not it becomes part of an association, multi-employer plan, trust or any other entity cited in RSA 420-G:3 provided it meets this definition.

5 Premium Rates for Small Employers. RSA 420-G:4, I is repealed and reenacted to read as follows:

I. Health carriers providing health coverage to small employers under this chapter shall be subject to the following:

(a) All premiums charged to small employers shall be based on an adjusted community rating basis and shall be guaranteed for at least 6 months.

(b) An unadjusted community premium rate shall be set by each carrier for each membership (or family composition) type.

(c) Health carriers may modify the unadjusted community premium rate to calculate an adjusted community rate in accordance with the following:

(1) The maximum premium differential for age as determined by ratio shall be 4 to 1 beginning with age 19.

(2) Health carriers modifying such average premium for age may do so only by using the following age brackets:

0 - 18

19 - 24

25 - 29

30 - 34

35 - 39

40 - 44

45 - 49

50 - 54

55 - 59

60 - 64

65 +

(3) Carriers may use group size as a rating factor; however, the highest factor based on group size shall not exceed the lowest factor based on group size by more than 20 percent.

(4) Carriers may use geographical area as a rating factor; however, the highest factor based on the geographical area of the employer and its employees cannot exceed the lowest factor based on geographical area by more than 20 percent.

(d) The same rating methodology shall apply to new small employers and small employers renewing at each annual renewal date or anniversary date. Rating methodology shall not be construed to include health carrier incentives to individual subscribers or members to participate in wellness and fitness programs provided such incentives are approved by the insurance department.

II. Health carriers providing health coverage to individuals shall be subject to the following:

(a) All premiums charged to individuals shall be based on a modified community rating basis and shall be guaranteed for at least 6 months.

(b) A community premium rate shall be set by each carrier for each membership (or family composition) type.

(c) Health carriers may modify the community premium rate to calculate a modified community rate in accordance with the following:

(1) The maximum premium differential for age as determined by ratio shall be 3 to 1.

(2) Health carriers modifying such average premium for age may do so only by using the following age brackets:

0 - 18

19 – 24

25 – 29

30 – 34

35 – 34

35 – 39

40 – 44

45 – 49

50 – 54

55 – 59

60 – 64

65 +

(3) Carriers may use health status to vary the modified community premium rate; however, the highest factor based on health status shall not exceed the lowest factor associated with health status by more than 20 percent.

(d) The same rating methodology shall apply to new individuals and individuals renewing at each annual renewal date or anniversary date. Rating methodology shall not be construed to include health carrier incentives to individual subscribers or members to participate in wellness and fitness programs provided such incentives are approved by the insurance department.

6 New Paragraph; Small Employer Groups. Amend RSA 420-G:6 by inserting after paragraph III the following new paragraph:

III-a. Health carriers shall not refuse to offer plans to small employer groups solely due to the employer’s making other plans available to employees.

7 Open Enrollment and Late Enrollment. Amend RSA 420-G:8 by inserting after paragraph I the following new paragraph:

I-a. A one member small employer group shall be limited to 2 open enrollment periods, which shall occur during the months of June and December of each calendar year. During the open enrollment periods, carriers shall make their plans available to one member employer groups for effective dates of the first day of the month following the open enrollment period. A one member employer group seeking coverage during other times of the year shall be treated as a late enrollee.

8 Qualified Association Trust; Number of Employees Changed From 100 to 50. Amend RSA 420-G:4, I to read as follows:

I. Use the adjusted community rating methodology outlined in RSA 420-G:4 for all small employer members with [~~100~~] 50 or fewer employees based upon the associations group experience;

9 Effective Date. This act shall take effect 60 days after its passage.

2001-1097s

AMENDED ANALYSIS

This bill revises the laws relative to small group health insurance. The bill changes the definition of small group employer to employers with 1-50 employees. Current law defines small group employers to have 1-100 employees.

Senate Judiciary

May 2, 2001

2001-1095s

09/03

Amendment to HB 203

Amend the bill by replacing section 3 with the following:

3 Effective Date. This act shall take effect July 1, 2001.

HEARINGS
FRIDAY, MAY 4, 2001

INTERNAL AFFAIRS, Room 103, LOB

2:00 p.m. EXECUTIVE SESSION ON PENDING LEGISLATION

MONDAY, MAY 7, 2001

FINANCE, Room 103, SH

9:00 a.m. SB 81-FN-A, (New Title) regulating medication nursing assistants under the nurse practice act.

9:30 a.m. SB 36-FN-A, making an appropriation to the postsecondary education commission for the purpose of tuition incentive grants.

10:00 a.m. SB 16-FN-A, relative to state financial aid for state fairs, and making an appropriation therefor.

10:30 a.m. SB 133-FN-A, relative to Skyhaven airport and making an appropriation therefor.

11:00 a.m. SB 135-FN-L, relative to kindergarten funding.

11:30 a.m. SB 161-FN-A, relative to treatment for individuals with disabilities and making an appropriation therefor.

1:00 p.m. HB 2-FN-A, relative to state fees, funds, revenues, and expenditures.

TUESDAY, MAY 8, 2001

BANKS, Room 103, LOB

8:30 a.m. HCR 7, urging the federal government to allow a deduction for personal credit card interest from the federal income tax.

8:50 a.m. SB 51, relative to financial holding companies.

EDUCATION, Room 105-A, SH

10:00 a.m. SB 195-FN, permitting the department of regional community-technical colleges to lease building space from the Pease development authority in exchange for a reduction in Pease development authority's debt owed to the state.

INTERNAL AFFAIRS, Room 103, LOB

2:45 p.m. SB 1, apportioning state senate districts.

3:00 p.m. SB 3, apportioning congressional districts.

3:20 p.m. HB 707, establishing a committee to study the usage of 211 as a uniform community service information and referral number.

3:40 p.m. HB 554-FN, establishing a division of information technology within the department of safety.

4:00 p.m. HB 738, establishing a commission to assess the operating efficiency of state government.

4:20 p.m. HB 727, making certain changes concerning the authority and operation of the port authority.

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. SB 196, relative to the review of wireless communications facility proposals of state agencies and of proposals received by local land use boards.

1:30 p.m. HB 482, relative to airport zoning.

2:00 p.m. HB 131, relative to the retention and disposal of certain financial disclosure forms.

2:30 p.m. HB 226, relative to instructions to voters for straight-ticket voting.

· PLEASE NOTE THE FOLLOWING HEARINGS ARE RESCHEDULED FROM MAY 1^ST

PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES, Room 101, LOB

1:00 p.m. HB 332-FN-L, (New Title) relative to resuscitation protocols for emergency medical care providers and relative to payment of autopsy expenses.

1:20 p.m. HB 553-FN-L, requiring background checks for nursing home employees.

1:45 p.m. HB 635, relative to family mutual support services.

2:15 p.m. HB 643-FN, (New Title) extending the moratorium on new nursing home beds.

TRANSPORTATION, Room 104, LOB

8:30 a.m. HB 317-FN, revising the New Hampshire Aeronautics Act.

9:00 a.m. HB 413, relative to ownership of rail properties.

9:30 a.m. HB 258, establishing a task force to conduct an ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line.

EXECUTIVE SESSION WILL FOLLOW, TIME PERMITTING

WILDLIFE & RECREATION, Room 101, LOB

10:15 a.m. HB 370, relative to the regulation of the trapping by the fish and game department.

10:30 a.m. HB 471-FN, (New Title) relative to fish and game licenses issued to resident and nonresident minors and relative to complimentary fishing licenses for legally blind persons.

10:45 a.m. HB 305-FN-A, establishing a dedicated fund for certain fish and game funds to be expended for the purpose of operation game thief.

WEDNESDAY, MAY 9, 2001

ENVIRONMENT, Room 104, LOB

8:30 a.m. HB 186-FN-A, establishing a pesticides training program.

8:45 a.m. HB 612, relative to expenditures from the dam maintenance fund by the department of environmental services.

JUDICIARY, Room 103, LOB

10:00 a.m. SB 197-FN, restructuring the judicial conduct committee as an independent judicial conduct commission.

10:15 a.m. HB 120, (New Title) relative to the membership of the department of youth development advisory board.

10:30 a.m. HB 156, relative to the detention of juveniles in delinquency proceedings.

10:45 a.m. HB 265, prohibiting the sale of rolling papers to minors.

11:00 a.m. HB 210, relative to the penalties for persons convicted of subsequent DWI offenses.

11:15 a.m. HB 197, extending the reporting date of the commission to study methods for reducing violent incidents involving children and guns.

11:30 a.m. HB 446, relative to spousal and child support enforcement.

THURSDAY, MAY 10, 2001

EXECUTIVE DEPARTMENTS & ADMINISTRATION, Room 104, LOB

1:00 p.m. HB 302-FN, relative to an optional retirement allowance for certain spouses upon a retiree's remarriage.

1:20 p.m. HB 337-FN, relative to the administration of the public utilities commission and establishing the position of executive director of the public utilities commission.

1:40 p.m. HB 403, relative to the effective date of special contracts for telephone utilities.

2:00 p.m. HB 408-FN, relative to the regulation of nursing by the board of nursing.

2:20 p.m. HB 416, relative to fire safety inspections for foster family homes.

2:40 p.m. HB 448, relative to procedures for crews and provision of counseling services following a railway accident.

EXECUTIVE SESSION TO FOLLOW
TUESDAY, MAY 15, 2001

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. HCR 10, supporting the electoral college.

1:30 p.m. HB 376, allowing county commissioners serving 4-year terms to vote at state party conventions.

2:00 p.m. HB 723, relative to vacancies in county offices.

2:30 p.m. HB 614, relative to certain duties, responsibilities, and authority of the fiscal committee.

WEDNESDAY, MAY 16, 2001

EDUCATION, Room 105-A, SH

1:00 p.m. HB 412, (New Title) relative to requiring the public higher education study committee to study the feasibility of granting of state franchise rights to providers of on-line education courses.

1:15 p.m. HB 748-FN-A-L, (New Title) relative to the distribution of aid to pupils eligible for free or reduced-price meals.

TUESDAY, MAY 22, 2001

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. HB 224, relative to persons who may sign nomination papers.

1:30 p.m. HB 154, (New Title) relative to candidates of parties nominated by nomination papers and relative to vacancies for office on a party ticket.

2:00 p.m. HB 639, (New Title) relative to the preparation of town ballots.

2:30 p.m. HB 435, relative to assessment of service charges by municipalities and counties that accept credit cards for payment of local taxes, utility charges, or other fees.

MEETINGS
FRIDAY, MAY 4, 2001

ADMINISTRATIVE RULES (RSA 541-A:2) Rooms 306-308, LOB

9:00 a.m. - 5:00p.m. Special Meeting

MONDAY, MAY 7, 2001

NH BRAIN & SPINAL CORD INJURY ADVISORY COUNCIL (RSA 137-K:2) Room 205, LOB

2:00 p.m. - 4:00 p.m. Regular Meeting

CERTIFICATE OF NEED TASK FORCE (RSA 151-C:16) Rooms 306-308, LOB

10:00 a.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION (Benton 13035 NH Route 116 over Whitcher Brook) Benton Town Hall, 221 Coventry Road, Benton, NH

6:30 p.m. Combined Official/Informational

TUESDAY, MAY 8, 2001

JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1) Room 105-A, SH

9:00 a.m. Regular Meeting

GUARDIANS AD LITEM BOARD (SB 448, Chapter 321, Laws of 2000) Room 102, LOB

3:30 p.m. Regular Meeting

WEDNESDAY, MAY 9, 2001

· PLEASE NOTE THE FOLLOWING MEETING HAS BEEN CANCELLED AND RESCHEDULED FOR MAY 23^RD

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

Cancelled Regular Business

NH DEPARTMENT OF TRANSPORTATION (Colebrook 13255& 13256 NH Route 26 bridge replacements) Executive Council Chambers, SH

12:00 p.m. Special Committee Meeting

TOBACCO USE ADVISORY COMMITTEE (RSA 126-K:19) Department of Health and Human Services, 105 Pleasant Street, Concord, NH

2:30 p.m. - 4:30 p.m. Regular Meeting

FRIDAY, MAY 11, 2001

PRIMARY PREVENTION & WELLNESS (RSA 126-M:3) Room 207, LOB

10:00 a.m. Regular Meeting

MONDAY, MAY 14, 2001

PERINATAL ALCOHOL, TOBACCO & OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101,LOB

9:30 a.m. Regular Meeting

BOARD OF MANUFACTURED HOUSING (RSA 205-A:25) Room 201, LOB

1:00 p.m. Complaint Hearings

NH DEPARTMENT OF TRANSPORTATION (Acworth 13036, NH Route 123A/Cold River) Acworth Town Hall, Town Hall Road

7:00 p.m. Public Officials/Informational

TUESDAY, MAY 15, 2001

NH CIVIL WAR MEMORIALS COMMISSION (RSA 21-K:18) Room 203, LOB

2:00 p.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION (Keene-Swanzey 10309, NH Route 9,19,12 & 101 Upgrade) Keene Public Library, 60 Winter Street, Keene, NH

6:30 p.m. Final Design/ATF Meeting

WEDNESDAY, MAY 16, 2001

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C I-93 widening) West Running Brook School, 1 West Running Brook Lane, Derry, NH

4:00 p.m. Resource Agency Meeting

FRIDAY, MAY 18, 2001

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

9:00 a.m. Regular Meeting

WORKERS COMPENSATION ADVISORY COUNCIL (RSA 281-A:62) Room 307, LOB

9:00 a.m. Regular Meeting

GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION INTERVENTION AND TREATMENT (RSA 12-J:1) Rooms 202-204, LOB

9:30 a.m. - 11:30 a.m. Regular Meeting

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

10:00 a.m. Regular Meeting

NH LAND & COMMUNITY HERITAGE AUTHORITY BOARD OF DIRECTORS (RSA 227-m:4) Community Development Authority, 14 Dixion Ave, Concord, NH

12:00 p.m. Regular Meeting

POSTSECONDARY EDUCATION AND TEMPORARY ASSISTANCE RECIPIENTS RELATIONSHIP COMMISSION (SB 313, Chapter 122, Laws of 2000) Room 205, LOB

1:00 p.m. Regular Meeting

KIDS CABINET MEETING Governor and Council Chambers

2:00 p.m. Regular Meeting

MONDAY, MAY 21, 2001

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4) Room 305, LOB

9:00 a.m. Regular Meeting

SEED STERILIZATION OR "TERMINATOR" TECHNOLOGY STUDY COMMITTEE (HB 291, Chapter 282, Laws of 1999) Room 303, LOB

10:00 a.m. Regular Meeting

WEDNESDAY, MAY 23, 2001

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

9:00 a.m. Regular Business

THURSDAY, MAY 24, 2001

NH DEPARTMENT OF TRANSPORTATION (Bike/Ped Conference) Wayfarer Inn, Bedford, NH

8:00 a.m. - 4:00 p.m. 3^rd Annual Conference

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C I-93 widening) Londonderry High School Cafeteria, 295 Mammoth Road, Londonderry, NH

6:00 p.m. Advisory Task Force Meeting

MONDAY, JUNE 4, 2001

JOINT HEALTH COUNCIL (RSA 326-B:10-b) NH Board of Nursing Room 17, 78 Regional Drive, Building 2, Concord, NH

5:30 p.m. Public Meeting

FRIDAY, JUNE 8, 2001

BOARD OF CLAIMS (RSA 541-B:3) Room 202, LOB

9:00 a.m. Regular Meeting

MONDAY, JUNE 11, 2001

PERINATAL ALCOHOL, TOBACCO & OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101,LOB

9:30 a.m. Regular Meeting

FRIDAY, JUNE 15, 2001

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

9:00 a.m. Regular Meeting

KIDS CABINET MEETING Governor and Council Chambers

2:00 p.m. Regular Meeting

WEDNESDAY, JUNE 20, 2001

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C, I-93 widening) West Running Brook School, 1 West Running Brook Lane, Derry, NH

4:00 p.m. Resource Agency Meeting

THURSDAY, JUNE 28, 2001

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C, I-93-widening) Londonderry High School Cafeteria, 295 Mammoth Road, Londonderry, NH

6:00 p.m. Advisory Task Force Meeting

********

FISCAL NOTES NOW AVAILABLE IN THE SENATE CLERK'S OFFICE:

SB 72, SB 73, SB 76, SB 81, SB 90, SB 101, SB 105, SB 115, SB 117, SB 134, SB 140, SB 142, SB 143, SB 151, SB 160, SB 164, SB 167, SB 169, SB 170, SB 171, SB 172, SB 174, SB 176, SB 177, SB 178, SB 189, SB 191

NOTICES

WEDNESDAY, MAY 9, 2001

The New Hampshire Wellness and Primary Prevention Council, the New Hampshire Children's Trust Fund and the New Hampshire Department of Health and Human Services invites you to join them for a Legislative Breakfast to celebrate Strengths of Family Resource Centers in New Hampshire. Keynote speaker will be Lew Feldstein, President of the New Hampshire Charitable Foundation. The breakfast will take place on Wednesday, May 9, 2001 from 7:45 a.m. to 9:00 a.m. at St. Paul's Church. Family Resource Center staff from around the state will be present to share information about their programs.

Senator Katherine Wells Wheeler

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WEDNESDAY, MAY 9, 2001

The New Hampshire Women's Lobby is pleased and honored to announce that Senator Katherine Wells Wheeler, and Representative Barbara French will receive Meritorious Service Awards. Commissioner Don Shumway will receive the Citizen Award at our annual "Spring Celebs" on Wednesday, May 9^th from 4:30 p.m. to 6:30 p.m. at the Holiday Inn in Concord. All are invited to join us in honoring three outstanding New Hampshire Citizens. Tickets are $10.00 for members and $15.00 for non-members and are available from members or from the New Hampshire Women's Lobby Office at 224-9105.

Senator Caroline McCarley

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TUESDAY, MAY 15, 2001

WHAT'S UP WITH THE COURTS? Come and hear Attorney Stanley Mullaney's presentation at the meeting of Legislators for Limited Spending on Tuesday, May 15 at Noon. Upham-Walker House. All House and Senate members invited.

Senator Carl R. Johnson

********

FRIDAY, MAY 18, 2001

In recognition of your support, the NH Law Enforcement Officers Memorial Committee cordially invites you to the annual NH Law Enforcement Officers' Memorial Ceremony. The ceremony will be held on Friday, May 18, 2001, beginning promptly at 10 a.m. on the memorial site in front of the Legislative Office Building. The ceremony will proceed rain or shine. Refreshments will be provided immediately following the event. Please contact either Captain Timothy J. Acerno of Fish and Game at 271-3129 or Chief John Curran of the Meredith Police Department at 279-4561 if you have any questions.

Senator Arthur P. Klemm, Jr.

Senator John S. Barnes, Jr.

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MONDAY, JUNE 11, 2001

The 28^th Annual Bill White Memorial Legislative Golf Tournament is scheduled for Monday, June 11, 2001 at Androscoggin Valley Country Club in Gorham, New Hampshire. The entry fees for this annual tourney is $60.00 per person and includes greens fee, cart, barbecue and prizes. A shotgun start is scheduled for 9:00 a.m. The format is "Captain and Crew." Sign-up as a foursome or sign-up by yourself and be placed in a foursome. A maximum of 120 players will be allowed. Please return your entry and payment not later than May 29^th to Sandy Wheeler at the LOB Lobby Desk. Please Make Checks payable to Legislative Golf Tournament c/o David Saltmarsh.

For your convenience, arrangements have been made with the Town & Country Motor Inn (located directly across the street from the golf course) for special lodging rates of $44.00 plus tax per person, per night for those of you who my choose to come up early or stay late. If you choose to stay over you must book your room in advance by calling the Inn at 1-800-325-4386. Currently, we are planning other events for Sunday and Monday, details to follow.

Senator Arthur P. Klemm Jr.

Senator Robert K. Boyce

28^th ANNUAL BILL WHITE MEMORIAL

LEGISLATIVE GOLF TOURNAMENT

NAME: (1)

(2)

(3)

(4)

TELEPHONE NO: AMOUNT ENCLOSED:

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VISITORS' CENTER SCHEDULE - MAY

As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in May 2001.

Please contact the Visitors’ Center concerning additional information. Thank you for your continued participation with your School Visitation Program.

Kenneth Leidner, Director

DATE	TIME	GROUP	CLASS/Size
May 3	8:00	Kimball Elem – Concord	4/28
May 3	9:30 & 11:00	Ashland Elem	4/25 & 6/25
May 3	11:30	Taiwan Trade Delegation	44
May 3	12:30	Moore School – Candia	4/25
May 4	9:30 & 11:00	Maple St. Elem – Contoocook	4/85
May 4	12:30	CrossTrainer Homeschool Group-Dunbarton	1^st to HS/35
May 4	2:00	Girl Scout Groups	10+
May 7	9:30 & 11:00	Weston Elem – Manchester	4/50
May 7	12:30 & 1:30	No. Londonderry Elem	4/75
May 8	8:00	Kimball Elem – Concord	4/28
May 8	10:00	D.J.Bakie Elem – Kingston	4/45
May 8	11:00	Henniker Elem	4/25
May 9	9:30 & 11:00	Weston Elem – Manchester	4/50
May 9	12:30	Moore School – Candia	4/50
May 10	9:30	Maple Ave Elem – Goffstown	4/25
May 10	11:00	New Franklin School-Portsmouth	4/40
May 10	1:00	Bow Elem	4/25
May 11	10:00	Little Harbor Elem – Portsmouth	4/50
May 11	11:00	Dublin Consolidated School	4/15
May 11	11:00	Sandwich Central School	4/15
May 11	1:00	Conway Elem	4/55
May 14	8:30	Rumford Elem – Concord	4/22
May 14	10:00	St Elizabeth Seton – Rochester	4/50
May 14	11:00	Lisbon Elem	4/40
May 15	9:30 & 11:00	Bridgewater Hebron Elem	4/50
May 16	9:30 & 11:00	Thornton’s Ferry Elem – Merrimack	4/50
May 17	9:30 & 11:00	Thornton’s Ferry Elem – Merrimack	4/50
May 18	9:30 & 11:00	Thornton’s Ferry Elem – Merrimack	4/75
May 18	12:30	Faith Christian Academy – Belmont	3&4/12
May 18	12:30 & 1:30	No. Londonderry Elem	4/50
May 21	9:00	Epsom Central School	4/50
May 21	11:00 & 12:30	John Fuller Elem – N. Conway	4/50
May 22	9:30 & 11:00	Plymouth Elem	4/75
May 23	10:00	Groveton Elem	4/50
May 23	11:00	Dondero Elem – Portsmouth	4/45
May 23	1:00	Pierce Elem – Bennington	4/20
May 24	9:30	Salem Christian School	4/25
May 24	11:00	Campton Elem School	4/45
May 24	1:00	St. Mary’s – Claremont	4 & 6-8/35
May 25	9:30 & 11:00	Hanover St. School – Lebanon	4/85
May 25	12:30	Ed Fenn School – Gorham	4/50
May 29	9:30 & 11:00	Green Acres School – Manchester	4/75
May 30	9:30 & 11:00	Green Acres School – Manchester	4/50
May 30	1:00	Berlin Jr High	8/35
May 31	9:30 & 11:00	Hillsboro Deering Elem School	4/60
May 31	11:00	Mt. Shadow School – Dublin	6/12
May 31	1:00	Bartlett School – Berlin	3/50
June 1	9:30 & 11:00	Hillsboro Deering Elem School	4/75