Revision: Jan. 21, 2010, midnight
SB 196 – AS AMENDED BY THE SENATE
04/07/05 0985s
2005 SESSION
06/03
SENATE BILL 196
AN ACT requiring a hearing when medical malpractice insurance rates change.
This bill requires the commissioner of insurance to hold a public hearing, if requested, when medical malpractice insurance rates change by more than 15 percent from the currently applicable rates.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/07/05 0985s
05-0367
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT requiring a hearing when medical malpractice insurance rates change.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Rate Filings; Medical Malpractice. Amend RSA 412:16 by inserting after paragraph XIII the following new paragraph:
XIV.(a) For medical malpractice insurance, regardless of whether the market is competitive or noncompetitive, the commissioner shall notify the public of any filing for a rate change when the proposed rate adjustment increases the then applicable rate by more than 15 percent or when the proposed rate adjustment decreases the then applicable rate by more than 15 percent.
(b) The commissioner shall hold a hearing on the rate adjustment upon receipt of a timely request.
(c) The rate change shall be deemed approved under rules established according to the provisions of RSA 412:43 unless the rate filing is disapproved by the commissioner.
(d) Public notice under subparagraph (a) shall be made through distribution to the news media and to any member of the public who requests placement on a mailing list for that purpose.
2 New Paragraphs; Rulemaking Authority. Amend RSA 412:43 by inserting after paragraph II the following new paragraphs:
III. The commissioner shall adopt rules under RSA 541-A relative to the conduct of hearings under RSA 412:16, XIV which shall include the definition of a timely request for a hearing, timelines for scheduling hearings, and procedures to prevent delays in commencing or continuing the hearings.
IV. The commissioner shall adopt rules under RSA 541-A relative to time periods for approvals of filings under RSA 412:16, XIV.
3 Effective Date. This act shall take effect 60 days after its passage.