HB 329 – AS INTRODUCED
2009 SESSION
01/09
HOUSE BILL 329
AN ACT relative to insurance and civil unions.
COMMITTEE: Commerce and Consumer Affairs
This bill adds references to civil unions and civil union partners to the insurance laws.
This bill is a request of the insurance department.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0724
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to insurance and civil unions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Life Insurance; Civil Unions. Amend RSA 408:15, VIII to read as follows:
VIII. Notwithstanding the above, any such policy of group life insurance issued pursuant to paragraphs I-VII may be extended to provide group life insurance for an employee, or other member of the group, his or her spouse, civil union partner, child or children, or other dependents.
2 Life Insurance; Civil Unions. Amend RSA 408:16, XI to read as follows:
XI. Whenever any policy of group life insurance extends group life insurance to the spouse, civil union partner, child or children, or other dependents of an employee, or other member of the group, and if the coverage of any dependent of any employee or member of the group insured by such policy who is mentally or physically incapable of earning a living on the date as of which such dependent’s status as a covered family member would otherwise expire because of age, shall continue under such policy while such policy remains in force or is replaced by another group or blanket policy as long as such incapacity continues and as long as the dependent remains chiefly financially dependent on the employee or member of the group or the employee or the employee’s estate is chargeable for the care of the dependent, provided, that due proof of such incapacity is received by the insurer within 31 days of such expiration date. If such coverage is continued in accordance with this paragraph, such dependent shall be entitled upon termination of such incapacity to a converted policy in accordance with and subject to the terms and conditions of the conversion privilege clause if such privilege is afforded by the policy, provided that such dependent has not attained the limiting age, if any, for conversion of adults specified in the policy.
3 Nonforfeiture Law; Cash Surrender Values. Amend RSA 409:3, III to read as follows:
III. Provided, further, that for any family policy issued on or after the operative date of RSA 409:5-b as defined in that section, which defines a primary insured and provides term insurance on the life of the spouse or civil union partner of the primary insured expiring before the spouse’s or civil union partner’s age 71, the cash surrender value referred to in paragraph I of this section shall be an amount not less than the sum of the cash surrender value as defined in such paragraph for an otherwise similar policy issued at the same age without such term insurance on the life of the spouse or civil union partner and the cash surrender value as defined in such paragraph for a policy which provides only the benefits otherwise provided by such term insurance on the life of the spouse or civil union partner.
4 Life Insurance; Regulation of Investments. Amend RSA 411-A:35, I(b) and (c) to read as follows:
(b) Securities issued by any corporation or enterprise the controlling interest of which is, or will after such acquisition by the insurer be, held directly or indirectly by the insurer or any combination of the insurer and the insurer’s directors, officers, subsidiaries, or controlling stockholders, and the spouses or civil union partners and children of any of the foregoing individuals. For purposes of this section, “controlling interest” shall be deemed to mean ownership of more than 50 percent of a corporation’s stock. Investments in controlled insurance corporations or subsidiaries under RSA 411-A:12 and 411-A:13 are not subject to this provision.
(c) Any note or other evidence of indebtedness of any director, officer or controlling stockholder of the insurer or of the spouse or civil union partner or child of any of the foregoing except as to policy loans authorized under RSA 411-A:27 and except as to mortgage loans authorized under RSA 402:28.
5 Individual Health Insurance; Civil Unions. Amend the introductory paragraph of RSA 415:5, I(3)(a)and RSA 415:5, I(3)(a)(1) and (2) 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, civil union partner, dependent children or any 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 and has not entered into a civil union;
6 Group Health Insurance; Civil Unions. Amend RSA 415:18, IV to read as follows:
IV. Any such group or blanket policy may include benefits payable on account of hospital or medical or surgical aid for an employee or other member of the group insured by such policy, his or her spouse, civil union partner, child or children or other dependents, and may provide that any such benefits be paid by the insurer directly to the hospital, physician, surgeon, doctor, nurse or other person furnishing services covered by such provision of said policy.
7 Group Health Insurance; Civil Unions. Amend RSA 415:18, VII(c) to read as follows:
(c) The option to obtain coverage from the New Hampshire high risk pool under RSA 404-G shall also be available, upon the death of the employee or member, to the surviving spouse or surviving civil union partner with respect to those family members who are then covered by the group policy, to a child solely with respect to himself or herself upon his or her attaining the limiting age of coverage under the group policy while covered as a dependent thereunder, and to a former dependent spouse or former dependent civil union partner upon remarriage or civil union of the group plan member. The option to obtain coverage from the New Hampshire high risk pool shall be exercised within 31 days of the qualifying event.
8 Group Health Insurance; Civil Unions. Amend RSA 415:18, VII-b to read as follows:
VII-b. Any group or blanket accident and health insurance policy covering a resident of New Hampshire shall contain the following provisions:
(a) Upon a final decree of divorce or legal separation, if one spouse or former civil union partner is a member of a group or blanket accident and health insurance policy, the former spouse or former civil union partner who is a family member or eligible dependent under said policy prior to the date of the decree shall be and remain eligible for group benefits as a family member or eligible dependent under said policy, without additional premium or examination, as if said decree had not been issued. Such eligibility shall not be required if the decree expressly provides otherwise.
(b) The former spouse or former civil union partner shall be eligible for coverage pursuant to this section through the member’s participation in a group or blanket accident and health insurance policy, while such policy remains in force or is replaced by another group or blanket policy covering the member, until the earliest of the following events occurs:
(1) The 3-year anniversary of the final decree of divorce or legal separation;
(2) The remarriage or civil union of the former spouse or former civil union partner;
(3) The remarriage or civil union of the member;
(4) The death of the member; or
(5) Such earlier time as provided by the final decree of divorce or legal separation.
(c) Upon the occurrence of the earliest of the events set forth in subparagraph (b), other than remarriage or civil union of the former spouse or former civil union partner, the former spouse or former civil union partner shall have the right to continuation coverage under RSA 415:18, XVI. An insurance carrier may charge a premium for the former spouse’s or former civil union partner’s continuation coverage under this subparagraph, in accordance with RSA 415:18, XVI. The former spouse or former civil union partner shall request enrollment under RSA 415:18, XVI, in writing, within 30 days after the first occurring of the events set forth in subparagraph (b), provided that the former spouse or former civil union partner may not request enrollment upon remarriage or civil union of the former spouse or former civil union partner. If the first occurring event is the member’s remarriage or civil union or death, the former spouse or former civil union partner may request enrollment under RSA 415:18, XVI, in writing, within 30 days after receiving notice of said event.
(d) In the event of the former spouse’s or former civil union partner’s remarriage or civil union, the former spouse or former civil union partner shall notify the insurance carrier, in writing, within 30 days after the date of remarriage or civil union, and the effective date of termination of the former spouse’s or former civil union partner’s eligibility pursuant to this section shall be the date of remarriage or civil union.
(e) The member [or], former spouse or former civil union partner shall submit to the insurance carrier evidence of the former spouse’s or former civil union partner’s eligibility under this section within 30 days after the final decree of divorce or legal separation. If the group or blanket accident and health insurance policy existing as of the date of the decree is replaced by another group or blanket policy covering the member that is issued by a different insurance carrier, said carrier may request that the member or former spouse or formal civil union partner submit evidence of the former spouse’s or former civil union partner’s eligibility under this section within 30 days of the effective date of the member’s coverage under the replacement policy. A former spouse’s or former civil union partner’s coverage under the member’s group or blanket accident and health insurance policy pursuant to this section shall be effective as of the date of the final decree of divorce or legal separation in the case of a then existing policy, or, in the case of a replacement policy, the effective date of the member’s coverage under such policy.
(f) The former spouse or former civil union partner shall notify the insurance carrier, in writing, of any address other than the member’s address to which notices and correspondence pertaining to the former spouse’s or former civil union partner’s coverage should be mailed, including but not limited to notice of cancellation and any right to reinstate coverage, and the carrier shall use such address until it receives written notice from the former spouse or former civil union partner of a change.
(g) Upon termination of the eligibility of a former spouse or former civil union partner for group coverage pursuant to this section, said former spouse or former civil union partner may apply for individual coverage or the high risk pool, whichever is applicable.
(h) Eligibility of a former spouse or former civil union partner for group coverage pursuant to this section exists independent of any right to continuation of coverage under RSA 415:18, XVI. To the extent that there is a conflict between this paragraph and RSA 415:18, XVI with respect to eligibility for group coverage upon a final decree of nullity, divorce or legal separation, the provisions that confer greater rights on the former spouse or former civil union partner shall apply unless the decree expressly provides otherwise.
9 Group Health Insurance; Civil Unions. Amend RSA 415:18, XII(c) to read as follows:
(c) Once a group or blanket policy has been issued, the insurer shall provide the group with an annual open enrollment period for late enrollees. During the open enrollment period, any late enrollee shall be permitted to enroll without submitting any evidence of insurability based on medical conditions. For late enrollees in a large employer group only, the pre-existing condition provisions shall apply for 18 months from the date of enrollment. However, an eligible employee or dependent shall not be considered a late enrollee if the individual:
(1) Was covered under a public or private health insurance or other health benefit arrangement at the time the individual was eligible to enroll; and
(2) Has lost coverage under a public or private health insurance or other health benefit arrangement as a result of termination of employment or eligibility, the termination of the other plan’s coverage, death of a spouse or civil union partner, or divorce; and
(3) Requests enrollment within 30 days after termination of coverage provided under a public or private health insurance or other health benefit arrangement; or
(i) The individual is employed by an employer which offers multiple health benefit plans and the individual elects a different plan during an open enrollment period; or
(ii) A court has ordered coverage to be provided for an ex-spouse or former civil union partner or minor child under a covered employee’s health benefit plan and request for enrollment is made within 30 days after issuance of such court order.
10 Group Health Insurance; Civil Unions. Amend RSA 415:18, XV(c) to read as follows:
(c) “Individual” means any person covered under a group health plan, including but not limited to, the covered employee, the spouse or civil union partner of the covered employee, whether surviving, dependent, former dependent, divorced or legally separated; or the dependent child of the employee, and any other person including a child born or placed for adoption with the covered employee, who is covered under a group health plan through the employment relationship.
11 Group Health Insurance; Civil Unions. Amend RSA 415:18, XVI(c)(4) and (5) to read as follows:
(4) Thirty-six month period--Subject to subparagraph (e), coverage shall continue subject to this section for a period of 36 months if any individual loses coverage under a group health insurance plan for one of the following reasons:
(A) Death of a covered employee;
(B) The divorce or the legal separation of the covered employee or, if the employee’s former spouse or former civil union partner has been covered pursuant to RSA 415:18, VII-b, the first occurring of any of the following events:
(i) The remarriage or civil union of the covered employee;
(ii) The death of the covered employee;
(iii) The 3-year anniversary of the final decree of divorce or legal separation; or
(iv) Such earlier time as provided by said decree;
(C) A substantial loss of coverage by retirees and dependents within one year of the employer filing for protection under the bankruptcy provisions of Title 11 of the United States Code; or
(D) A dependent child ceasing to be a dependent child.
(5) Eligible for Medicare--When the surviving spouse or surviving civil union partner, divorced spouse or divorced civil union partner, or legally separated spouse or legally separated civil union partner is 55 years of age or older and loses coverage because of the death, divorce, or legal separation of the covered employee, coverage shall continue subject to this section until such time as the spouse becomes eligible for participation in another employer-based group plan or becomes eligible for Medicare.
12 Group Health Insurance; Civil Unions. Amend RSA 415:18, XVI(g)(2) to read as follows:
(2) Where the employee’s spouse or civil union partner is also covered by the group plan, and there is a divorce or legal separation, the employee shall notify the employer of the divorce or separation within 30 days, and shall provide the employer and carrier with the employee’s spouse’s or civil union partner’s mailing address. In case of a divorce or legal separation, the carrier shall provide a separate notice of the right to continue to the divorced or separated spouse or divorced or separated civil union partner. The divorced or separated spouse or divorced or separated civil union partner may elect to continue coverage pursuant to this section by notifying the carrier within 45 days of the date of the notice and remitting the premium payment. The notice and election provisions of this paragraph shall also apply if the divorced or legally separated spouse or civil union partner of the employee has been covered pursuant to RSA 415:18, VII-b, upon the occurrence of any of the following events:
(A) The remarriage or civil union of the employee;
(B) The death of the employee;
(C) The 3-year anniversary of the final decree of divorce or legal separation; or
(D) Such earlier time as provided by the final decree of divorce or legal separation.
13 Health Insurance Through Joint Action; Civil Unions. Amend RSA 415:21, I to read as follows:
I. Notwithstanding any contrary provision of this chapter or of any other law, 2 or more insurance companies authorized to carry on the business of health insurance in this state may join together to offer to any resident of this state who has reached or passed his or her sixty-fifth birthday and to the spouse or civil union partner of such resident, insurance against major financial loss from accident or disease. Such insurance may be offered by such companies in their own names or in the name of a voluntary unincorporated association or other organization formed by such companies solely for the purpose of offering this type of insurance. The forms of applications, certificates and policies of such insurance and the applicable premium rates shall be filed with the insurance commissioner and shall conform to the requirements of this chapter as to forms of policies of accident and sickness insurance so far as practical and applicable and the commissioner may require such additional pertinent information as he or she may deem necessary and require deviation from the statutory provisions for the forms of such policies.
14 Unfair Trade Practices; Civil Unions. Amend RSA 417:4, VIII(e) to read as follows:
(e) Refusing to insure risks solely because of age (except in the case of life[,] accident [or health] insurance), place or area or residence, race, color, creed, national origin, ancestry, marital or civil union status, lawful occupation including the military service (except in the case of life[,] accident [or health] insurance), of anyone who is or seeks to become insured or solely because another insurer has refused to write a policy, or has cancelled or has refused to renew an existing policy in which that person was the name insured or, except in the instance of excess coverages, solely because the insured does not insure collateral primary, personal types of insurance with the insurer. The exemption in this subparagraph shall not permit a mortgage life insurance policy or certificate to cease, cancel or terminate solely on the basis of the mortgagor’s age, until the mortgagor has reached the age of 80.
15 Health Service Corporations; Civil Unions. Amend RSA 420-A:1, II to read as follows:
II. “Covered dependent” means the spouse, civil union partner, an adult dependent, or a child or an adopted child of the subscriber who is named in the subscription certificate issued to the subscriber and with respect to whom appropriate premium is specified in the certificate.
16 Health Service Corporations. Amend RSA 420-A:10-a, I to read as follows:
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, civil union partner, 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 and has not entered into a civil union;
(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.
17 Health Maintenance Organizations; Civil Unions. Amend RSA 420-B:8-aa, I to read as follows:
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, civil union partner, 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 and has not entered into a civil union;
(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.
18 Preferred Provided Agreements; Civil Unions. Amend RSA 420-C:4-a, I to read as follows:
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, civil union partner, 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 and has not entered into a civil union;
(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.
19 Continuing Care Communities; Civil Unions. Amend RSA 420-D:12, I(g) to read as follows:
(g) State the entrance fees and periodic payment changes that may occur if a resident marries or enters into a civil union or if a spouse or civil union partner joins a resident. It shall also state the fee changes that may occur if either one of the 2 people who occupy the same living unit dies or otherwise leaves that living unit.
20 Delta Dental Plan; Civil Unions. Amend RSA 420-F:5-a, I to read as follows:
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, civil union partner, 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 and has not entered into a civil union;
(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.
21 Small Group Health Insurance; Civil Unions. Amend RSA 420-G:2, VII-a to read as follows:
VII-a. “Family composition” means health plan membership type, including: enrollee only; enrollee and spouse; enrollee and civil union partner; enrollee and children; enrollee, spouse, civil union partner, and children; and other similar membership types.
22 Small Group Health Insurance; Civil Unions. Amend RSA 420-G:8, IV to read as follows:
IV. Paragraphs II and III notwithstanding, an eligible employee or eligible dependent shall not be considered a late enrollee if:
(a) The person was covered under public or private health coverage at the time the person was able to enroll; and
(1) Has lost public or private health coverage as a result of termination of employment or eligibility, the termination of the other plan’s coverage, death of a spouse or civil union partner, or divorce or legal separation; and
(2) Requests enrollment within 30 days after termination of such health coverage; or
(b) Is employed by an employer that offers multiple health coverages and the person elects a different plan during an open enrollment period; or
(c) Was ordered by a court to provide health coverage for an ex-spouse or former civil union partner or a minor child under a covered employee’s plan and request for enrollment is made within 30 days after issuance of such court order.
23 Managed Care; Civil Unions. Amend RSA 420-J:8-d, I to read as follows:
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, civil union partner, 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 and has not entered into a civil union;
(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.
24 Repeal. RSA 408:1, relative to married women, is hereby repealed.
25 Effective Date. This act shall take effect 60 days after its passage.