Bill Text - HB151 (2009)

Prohibiting an insurer from canceling health care coverage based on the insured's terminal condition.


Revision: Jan. 12, 2009, midnight

HB 151 – AS INTRODUCED

2009 SESSION

09-0165

01/09

HOUSE BILL 151

AN ACT prohibiting an insurer from canceling health care coverage based on the insured’s terminal condition.

SPONSORS: Rep. DiFruscia, Rock 4; Rep. Bishop, Rock 2; Sen. Cilley, Dist 6; Sen. Gallus, Dist 1

COMMITTEE: Commerce

ANALYSIS

This bill prohibits an insurer from canceling health care coverage based on the insured’s terminal condition.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0165

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT prohibiting an insurer from canceling health care coverage based on the insured’s terminal condition.

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

1 Directives for Medical Decisions. Amend RSA 137-J:3, II to read as follows:

II. The execution of an advance directive pursuant to this chapter shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired, modified or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured person notwithstanding any term of the policy to the contrary. In addition, no policy of health insurance shall be canceled because the insured is in a “permanently unconscious” condition or lacks rehabilitation potential but is alive.

2 New Paragraph; Unfair Insurance Trade Practices; Cancellation of Health Insurance Policy Due to Insured’s Terminal Condition Prohibited. Amend RSA 417:4 by inserting after paragraph XXII the following new paragraph:

XXIII. Canceling a health insurance policy due to the insured’s terminal condition or “permanently unconscious” condition, as defined in RSA 137-J:2, XVII.

3 Effective Date. This act shall take effect January 1, 2010.

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