HB790 (2007) Detail

(2nd New Title) relative to dependent coverage for health insurance.


CHAPTER 352

HB 790-FN – FINAL VERSION

27Mar2007… 0800h

05/10/07 1423s

13Jun2007… 2136eba

2007 SESSION

07-0886 01/04

HOUSE BILL 790-FN

AN ACT relative to dependent coverage for health insurance.

SPONSORS: Rep. McLeod, Graf 2; Rep. Nordgren, Graf 9; Rep. Rosenwald, Hills 22; Rep. Moran, Hills 18; Sen. Fuller Clark, Dist 24; Sen. Hassan, Dist 23

COMMITTEE: Commerce

AMENDED ANALYSIS

This bill expands the definition of dependent young adults to those who are less than 26 years of age for purposes of insurance coverage.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2007… 0800h

05/10/07 1423s

13Jun2007… 2136eba

07-0886

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to dependent coverage for health insurance.

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

352:1 Insurance; Young Adults Added. Amend RSA 415:5, I(3) to read as follows:

(3)(a) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children or any [children under a specified age which shall not exceed 18 years and any other person dependent upon the policyholder] dependent under age 26. In this section “dependent” means a subscriber’s child by blood or by law, who:

(1) Is less than 26 years of age;

(2) Is unmarried;

(3) Is a resident of New Hampshire or is enrolled as a student at a public or private institution of higher education; and

(4) Is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. 1395 et seq.

(b) Nothing in this subparagraph shall be construed to require:

(1) Coverage for services provided to a dependent before the effective date of this section; or

(2) That an employer pay all or part of the cost of family coverage that includes a dependent as provided pursuant to this subparagraph.

(c) A subscriber that elects family coverage during any applicable open enrollment period may enroll any dependent eligible pursuant to this subparagraph.

(d) Coverage for a dependent provided pursuant to this subparagraph shall be provided until the earlier of the following:

(1) The dependent is disqualified for dependent status as set forth in subparagraph I(3)(a); or

(2) The date upon which the employer under whose contract coverage is provided to a dependent ceases to provide coverage to the subscriber.

(e) Nothing in this subparagraph shall be construed to permit a health insurance carrier to refuse an election for coverage by a dependent pursuant to subparagraph (c), based upon the dependent’s prior disqualification pursuant to subparagraph (d)(1).

(f) Notice regarding coverage for a dependent as provided pursuant to this subparagraph shall be provided to a subscriber:

(1) In the certificate of coverage prepared for subscribers on or about the date of commencement of coverage; and

(2) Within 30 days following the effective date of this subparagraph. Such notice shall include information regarding the required special open enrollment period.

352:2 New Section; Health Service Corporations; Dependent Coverage Added. Amend RSA 420-A by inserting after section 10 the following new section:

420-A:10-a Dependent Coverage.

I. A policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children or any dependent under age 26. In this section “dependent” means a subscriber’s child by blood or by law, who:

(a) Is less than 26 years of age;

(b) Is unmarried;

(c) Is a resident of New Hampshire or is enrolled as a student at a public or private institution of higher education; and

(d) Is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. 1395 et seq.

II. Nothing in this section shall be construed to require:

(a) Coverage for services provided to a dependent before the effective date of this section; or

(b) That an employer pay all or part of the cost of family coverage that includes a dependent as provided pursuant to this section.

III. A subscriber that elects family coverage during any applicable open enrollment period may enroll any dependent eligible pursuant to this section.

IV. Coverage for a dependent provided pursuant to this section shall be provided until the earlier of the following:

(a) The dependent is disqualified for dependent status as set forth in paragraph I of this section; or

(b) The date upon which the employer under whose contract coverage is provided to a dependent ceases to provide coverage to the subscriber.

V. Nothing in this section shall be construed to permit a health insurance carrier to refuse an election for coverage by a dependent pursuant to paragraph III, based upon the dependent’s prior disqualification pursuant to subparagraph IV(a).

VI.(a) Notice regarding coverage for a dependent as provided pursuant to this section shall be provided to a subscriber:

(1) In the certificate of coverage prepared for subscribers on or about the date of commencement of coverage; and

(2) Within 30 days following the effective date of this section.

(b) Such notice shall include information regarding the required special open enrollment period.

352:3 New Section; Health Maintenance Organizations; Dependent Coverage Added. Amend RSA 420-B by inserting after section 8-a the following new section:

420-B:8-aa Dependent Coverage.

I. A policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children or any dependent under age 26. In this section “dependent” means a subscriber’s child by blood or by law, who:

(a) Is less than 26 years of age;

(b) Is unmarried;

(c) Is a resident of New Hampshire or is enrolled as a student at a public or private institution of higher education; and

(d) Is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. 1395 et seq.

II. Nothing in this section shall be construed to require:

(a) Coverage for services provided to a dependent before the effective date of this section; or

(b) That an employer pay all or part of the cost of family coverage that includes a dependent as provided pursuant to this section.

III. A subscriber that elects family coverage during any applicable open enrollment period may enroll any dependent child eligible pursuant to this section.

IV. Coverage for a dependent provided pursuant to this section shall be provided until the earlier of the following:

(a) The dependent is disqualified for dependent status as set forth in paragraph I of this section; or

(b) The date upon which the employer under whose contract coverage is provided to a dependent ceases to provide coverage to the subscriber.

V. Nothing in this section shall be construed to permit a health insurance carrier to refuse an election for coverage by a dependent pursuant to paragraph III, based upon the dependent’s prior disqualification pursuant to subparagraph IV(a).

VI.(a) Notice regarding coverage for a dependent as provided pursuant to this section shall be provided to a subscriber:

(1) In the certificate of coverage prepared for subscribers on or about the date of commencement of coverage; and

(2) Within 30 days following the effective date of this section.

(b) Such notice shall include information regarding the required special open enrollment period.

352:4 New Section; Preferred Provider Agreements; Dependent Coverage Added. Amend RSA 420-C by inserting after section 4 the following new section:

420-C:4-a Dependent Coverage.

I. A policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children or any dependent under age 26. In this section “dependent” means a subscriber’s child by blood or by law, who:

(a) Is less than 26 years of age;

(b) Is unmarried;

(c) Is a resident of New Hampshire or is enrolled as a student at a public or private institution of higher education; and

(d) Is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. 1395 et seq.

II. Nothing in this section shall be construed to require:

(a) Coverage for services provided to a dependent before the effective date of this section; or

(b) That an employer pay all or part of the cost of family coverage that includes a dependent as provided pursuant to this section.

III. A subscriber that elects family coverage during any applicable open enrollment period may enroll any dependent eligible pursuant to this section.

IV. Coverage for a dependent provided pursuant to this section shall be provided until the earlier of the following:

(a) The dependent is disqualified for dependent status as set forth in paragraph I of this section; or

(b) The date upon which the employer under whose contract coverage is provided to a dependent ceases to provide coverage to the subscriber.

V. Nothing in this section shall be construed to permit a health insurance carrier to refuse an election for coverage by a dependent pursuant to paragraph III, based upon the dependent’s prior disqualification pursuant to subparagraph IV(a).

VI.(a) Notice regarding coverage for a dependent as provided pursuant to this section shall be provided to a subscriber:

(1) In the certificate of coverage prepared for subscribers on or about the date of commencement of coverage; and

(2) Within 30 days following the effective date of the passage of this law.

(b) Such notice shall also include information regarding the required special open enrollment period.

352:5 New Section; Delta Dental; Dependent Coverage Added. Amend RSA 420-F by inserting after section 5 the following new section:

420-F:5-a Dependent Coverage.

I. A policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children or any dependent under age 26. In this section “dependent” means a subscriber’s child by blood or by law, who:

(a) Is less than 26 years of age;

(b) Is unmarried;

(c) Is a resident of New Hampshire or is enrolled as a student at a public or private institution of higher education; and

(d) Is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. 1395 et seq.

II. Nothing in this section shall be construed to require:

(a) Coverage for services provided to a dependent before the effective date of this section; or

(b) That an employer pay all or part of the cost of family coverage that includes a dependent as provided pursuant to this section.

III. A subscriber that elects family coverage during any applicable open enrollment period may enroll any dependent eligible pursuant to this section.

IV. Coverage for a dependent provided pursuant to this section shall be provided until the earlier of the following:

(a) The dependent is disqualified for dependent status as set forth in paragraph I of this section; or

(b) The date upon which the employer under whose contract coverage is provided to a dependent ceases to provide coverage to the subscriber.

V. Nothing in this section shall be construed to permit a health insurance carrier to refuse an election for coverage by a dependent pursuant to paragraph III, based upon the dependent’s prior disqualification pursuant to subparagraph IV(a).

VI.(a) Notice regarding coverage for a dependent as provided pursuant to this section shall be provided to a subscriber:

(1) In the certificate of coverage prepared for subscribers on or about the date of commencement of coverage; and

(2) Within 30 days following the effective date of this section.

(b) Such notice shall include information regarding the required special open enrollment period.

352:6 New Section; Managed Care; Dependent Coverage Added. Amend RSA 420-J by inserting after section 8-b the following new section:

420-J:8-c Dependent Coverage.

I. A policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children or any dependent under age 26. In this section “dependent” means a subscriber’s child by blood or by law, who:

(a) Is less than 26 years of age;

(b) Is unmarried;

(c) Is a resident of New Hampshire or is enrolled as a student at a public or private institution of higher education; and

(d) Is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. 1395 et seq.

II. Nothing in this section shall be construed to require:

(a) Coverage for services provided to a dependent before the effective date of this section; or

(b) That an employer pay all or part of the cost of family coverage that includes a dependent as provided pursuant to this section.

III. A subscriber that elects family coverage during any applicable open enrollment period may enroll any dependent eligible pursuant to this section.

IV. Coverage for a dependent provided pursuant to this section shall be provided until the earlier of the following:

(a) The dependent is disqualified for dependent status as set forth in paragraph I of this section;

(b) The date upon which the employer under whose contract coverage is provided to a dependent ceases to provide coverage to the subscriber.

V. Nothing in this section shall be construed to permit a health insurance carrier to refuse an election for coverage by a dependent pursuant to paragraph III, based upon the dependent’s prior disqualification pursuant to subparagraph IV(a).

VI.(a) Notice regarding coverage for a dependent as provided pursuant to this section shall be provided to a subscriber:

(1) In the certificate of coverage prepared for subscribers on or about the date of commencement of coverage; and

(2) Within 30 days of the effective date of this section.

(b) Such notice shall include information regarding the required special open enrollment period.

352:7 Special Enrollment Period. With respect to a subscriber’s child that previously ceased to be eligible for coverage and who newly qualifies as a dependent under RSA 415:5, I(3), RSA 420-A:10-a, II(b), RSA 420-B:8-aa, II(b), RSA 420-C:4-b, II(b), RSA 420-F:5-a, II(b), and RSA 420-J:8-c, II(b), there shall be a special open enrollment period during which a subscriber with family coverage can elect to reinstate coverage for the dependent child. The special enrollment period shall begin August 1, 2007 and end September 30, 2007.

352:8 Department of Insurance; Report Required.

I. The department of insurance shall compile available data and prepare a report concerning the implementation and effectiveness of the dependant coverage for health insurance under sections 1-6 of this act. The report shall include review of the impact of the dependent coverage health insurance initiative on coverage as well as cost.

II. The commissioner shall make the report, together with any recommendations for legislation, to the president of the senate, the speaker of the house of representatives, the governor, and the chairs of the house and senate commerce committees on or before December 15, 2008.

352:9 Contingency. If HB 636-FN of the 2007 legislative session becomes law, RSA 420-J:8-c as inserted by section 6 of this act and the reference to RSA 420-J:8-c in section 7 of this act shall be renumbered to read as RSA 420-J:8-d.

352:10 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 17, 2007

Effective: September 15, 2007

Links

HB790 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB790 Revision: 10972 Date: Jan. 11, 2010, midnight

Docket