SB 162-FN – AS AMENDED BY THE HOUSE
03/16/11 0704s
03/16/11 0853s
25May2011… 1967h
2011 SESSION
01/09
SENATE BILL 162-FN
AN ACT relative to New Hampshire opting-out of federal health care reform.
SPONSORS: Sen. White, Dist 9; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bradley, Dist 3; Sen. Bragdon, Dist 11; Sen. Carson, Dist 14; Sen. Forrester, Dist 2; Sen. Gallus, Dist 1; Sen. Groen, Dist 6; Sen. Morse, Dist 22; Sen. Rausch, Dist 19; Sen. Sanborn, Dist 7; Sen. Stiles, Dist 24; Rep. Hunt, Ches 7; Rep. Avard, Hills 20; Rep. D. McGuire, Merr 8; Rep. Accornero, Belk 4
This bill removes the repeal of RSA 420-L, regarding federal health care reform. Under this bill, the general court is to determine all policies within the state of New Hampshire regarding implementation of the Patient Protection and Affordable Care Act of 2009 (Public Law 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). The bill establishes an oversight committee to prevent implementation of such Act as it determines appropriate. This bill also eliminates the health reform coordinator position in the department of insurance.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/11 0704s
03/16/11 0853s
25May2011… 1967h
11-1005
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to New Hampshire opting-out of federal health care reform.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Federal Heath Care Reform 2010. RSA 420-L:1-RSA 420-L:6 are repealed and reenacted to read as follows:
420-L:1 Purpose and Scope.
I. The intent of this chapter is to preserve the constitutional integrity and sovereignty of the State of New Hampshire under the Tenth Amendment to the United States Constitution and Part I, Article 7 of the New Hampshire Constitution by limiting the extent to which the commissioner shall or shall not enforce the insurance reforms under the Patient Protection and Affordable Care Act of 2009, as amended by the Health Care and Education Reconciliation Act of 2010, (hereinafter “Act”).
II. Further, it is the intent of this chapter to prevent the state of New Hampshire from defaulting into federal oversight regarding the Act by not meeting certain federally mandated time frames measuring the progress being made of state-implemented requirements under the Act. It is not the intent of this chapter to commit the state of New Hampshire to implementation of the Act, but rather to prevent the implementation of the Act and to preserve the state's options regarding implementation of any constitutional portions as the general court directs.
420-L:2 Definitions. In this chapter:
I. “Act” means the Patient Protection and Affordable Care Act of 2009 (Public Law 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152).
II. “Commissioner” means the insurance commissioner.
III. “Department” means the insurance department.
IV. “Health Care and Education Reconciliation Act of 2010” means the law enacted by the 111th United States Congress, HR 4872, (Public Law 111-152) signed into law on March 30, 2010.
V. “Oversight committee” means the joint health insurance reform oversight committee established in RSA 420-L:5.
VI. “Patient Protection and Affordable Care Act of 2009” means the law enacted by the 111th United States Congress, HR 3590, (Public Law 111-148) signed into law on March 30, 2010.
420-L:3 Authority of the Commissioner.
I. Only with the prior approval of the majority of the oversight committee established in RSA 420-L:5, the commissioner shall have the authority to do the following with regard to the Act:
(a) Enforce the consumer protections and market reforms as set forth in the Act that relate to insurance;
(b) Take any action or permit the taking of any action by any state employee, state agent, or anyone to implement the Act;
(c) Establish any standards for enforcing the provisions of the Act;
(d) Make, adopt, or amend rules and regulations pursuant to RSA 541-A for, or as an aid to, the administration of any provision of the Act relating to insurance;
(e) Apply for any grant funds available under the Act;
(f) Adopt or apply standards consistent with the Act for form and rate review of insurance products and any other regulatory oversight functions performed by the department; or
(g) Expend any money, whether received by the federal government, the state government, any other governmental agency, a private organization, a nonprofit organization, or otherwise, on the implementation or advancement of the Act.
II. Any state official or agency outside the department, that seeks to enforce, implement, establish standards for enforcing, or otherwise take action under a provision of the Act, shall first obtain approval for the action from the majority of the oversight committee established in RSA 420-L:5.
420-L:4 Implementation of the Act.
I. The general court shall determine all policies within the state of New Hampshire regarding implementation of the Act if it is determined that the state of New Hampshire is required to implement the Act. The insurance commissioner, the department, or any other state official, agency or designee, working in conjunction with the oversight committee, shall act on the presumption that enforcement of any provision of the Act shall first be authorized by the general court.
II. The commissioner, the department, or any other state official, agency or designee, shall develop recommendations in conjunction with the oversight committee established in RSA 420-L:5, prior to any enforcement of the Act. In addition, any state official or agency that seeks to enforce the provisions of the Act shall first develop recommendations in conjunction with the oversight committee.
420-L:5 Joint Health Insurance Reform Oversight Committee.
I. There is established a joint health insurance reform oversight committee consisting of 5 members as follows:
(a) Two members of the senate, appointed by the senate president, one of whom shall be from the senate commerce committee.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives, 2 of whom shall be from the house commerce and consumer affairs committee.
II. The terms of the members of the oversight committee shall be for the biennium and shall be coterminous with their membership in the general court. The oversight committee shall elect a chairman from its membership. The oversight committee shall meet at the call of the chairman who may call a meeting as often as necessary. The oversight committee shall require 3 members for a quorum.
III. The commissioner, upon direction of the oversight committee, shall make such periodic reports to the oversight committee relative to the department’s interaction with federal officials enforcing the Act, and relative to federal deadlines and requirements for the Act.
IV. The oversight committee shall provide legislative oversight, policy direction, and recommendations for further legislation to prevent implementation of the Act in the state of New Hampshire as it determines appropriate. The oversight committee shall also review existing rules adopted pursuant to the version of RSA 420-L enacted under 2010, 243 and may require that rules it deems unnecessary be withdrawn.
V. The oversight committee shall submit an annual report, together with any recommendations for legislation, to the president of the senate, the speaker of the house of representatives, the house commerce and consumer affairs committee, and the senate commerce committee on or before November 1, 2011, and thereafter on or before November 1 of each year.
2 Health Reform Coordinator Position. Amend RSA 400-A:6, VII to read as follows:
VII. The commissioner shall appoint, as the commissioner's assistants, a health care policy analyst, a health care statistician, a general counsel, an insurance fraud attorney, a senior insurance fraud investigator, an assistant property and casualty actuary, and a compliance and enforcement counsel,[ and a health reform coordinator,] each of whom shall serve at the pleasure of the commissioner during good behavior. The health care policy analyst, health care statistician, general counsel, insurance fraud attorney, senior insurance fraud investigator, assistant property and casualty actuary, and compliance and enforcement counsel, [and health reform coordinator,] shall perform such duties and exercise such powers as the commissioner may authorize.
3 Repeal. The following are repealed:
I. 2010, 243:15, relative to the repeal of RSA 420-L, regarding federal health care reform.
II. 2010, 243:16, relative to relative to rules adopted pursuant to RSA 420-L.
4 Effective Date. This act shall take effect June 30, 2011.
LBAO
11-1005 Amended 06/02/11
SB 162 FISCAL NOTE
AN ACT relative to New Hampshire opting-out of federal health care reform.
FISCAL IMPACT:
The Insurance Department states this bill, as amended by the House (Amendment #2011-1967h), will have no fiscal impact on state, county and local expenditures and revenue.
METHODOLOGY:
The Insurance Department states this bill addresses the implementation of federal health care reform and establishes a committee to provide oversight, policy direction, and recommendations for legislation to prevent the implementation of the federal health care reform act as determined appropriate. The Department states the legislation has no fiscal impact because the requirements of imposed by the bill can be satisfied with existing staffing levels at the Department.