Revision: March 8, 2016, midnight
\t \t\tHB 1409 - AS INTRODUCED
2016 SESSION
\t16-2486
\t01/03
HOUSE BILL\t1409
AN ACT\trelative to life, accident, and health insurance.
SPONSORS:\tRep. Hunt, Ches. 11; Rep. Flanders, Belk. 3; Sen. Bradley, Dist 3
COMMITTEE:\tCommerce and Consumer Affairs
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ANALYSIS
\tThis bill makes various changes in the laws relating to life, accident, and health insurance.
\tThis bill was requested by the insurance department.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2486
\t01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to life, accident, and health insurance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Accident and Health Insurance; Individual; Prescription Drug Information Cards. Amend the introductory paragraph of RSA 415:6-k, I to read as follows:
\t\tI. Each insurer that issues or renews any individual policy of accident or health insurance which provides coverage for prescription drugs or devices or which contracts with an entity providing such prescription drug coverage, including but not limited to pharmacy benefit manager companies, shall issue to certificate holders a card or other technology containing uniform prescription drug information. The uniform prescription drug information card or technology shall include all of the fields required by the health insurance provider for claims processing in a clear, readable, and understandable manner on the card or other technology issued, shall include the information required under RSA 400-A:15-c, and shall include, at a minimum, the following information:
\t2 Accident and Health Insurance; Individual; Accident and Sickness Policy Provisons. Amend the introductory paragraph of RSA 415:6, I(2)(a) to read as follows:
\t\t\t(a) After 2 years from the date of issue of this policy no misstatements[, except fraudulent misstatements,] made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such 2-year period.
\t3 Accident and Health Insurance; Group. Amend RSA 415:18, I(n) to read as follows:
\t\t\t(n) A provision that no action at law or in equity shall be brought to recover on the policy prior to the expiration of 60 days after proof of loss has been filed in accordance with the requirements of the policy and that no such action shall be brought at all unless brought within [2] 3 years from the expiration of the time within which proof of loss is required by the policy.
\t4 Accident and Health Insurance; Group; Prescription Drug Information Cards. Amend the introductory paragraph of RSA 415:18-o, I to read as follows:
\t\tI. Each insurer that issues or renews any policy of group accident or health insurance which provides coverage for prescription drugs or devices, or which contracts with an entity providing such prescription drug coverage, including but not limited to pharmacy benefit manager companies, shall issue to certificate holders a card or other technology containing uniform prescription drug information. The uniform prescription drug information card or technology shall include all of the fields required by the health insurance provider for claims processing in a clear, readable, and understandable manner on the card or other technology issued, shall include the information required under RSA 400-A:15-c, and shall include, at a minimum, the following information:
\t5 Standards for Accident and Health Insurance; Definitions. Amend RSA 415-A:1, I-e to read as follows:
\t\tI-e. "Employee benefit plan'' means employee welfare benefit plans described in section [4(a)] 3 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. [1133 and 1135], section 1002 and not exempted under section 4(b) of this Act, 29 U.S.C. section 1003, other than those plans, or portions of them, that provide disability benefits.
\t6 Continuing Care Communities; Annual Reports. Amend RSA 420-D:7, I to read as follows:
\t\tI. Annually, on or before March 15, a provider certified under this chapter shall submit a report to the commissioner relative to the financial condition of the facility together with any other information required by the commissioner. The commissioner may require more frequent reports of any provider or facility if he or she deems it necessary for proper review. If the provider uses an annual period other than a calendar year, he or she may apply to the commissioner for permission to file on another date which must be within [75] 120 days of the close of this annual period. The commissioner shall approve such a request if the annual period used is prescribed by an appropriate federal agency and shall approve requests that are for the convenience of the provider if it is practicable to do so. A provider shall not change the final date of his or her annual period without prior written approval of the commissioner.
\t7 Continuing Care Communities; Investigations; Subpoenas. Amend RSA 420-D:21 to read as follows:
\t420-D:21 Investigations; Subpoenas. The commissioner may make such investigations as he or she deems necessary both within and outside the state in accordance with the provisions of RSA 400-A:16 and RSA 400-A:20 through RSA 400-A:22. [For the purpose of any investigation or proceeding under this chapter, the commissioner may administer oaths, subpoena witnesses, compel attendance, take evidence and require the production of necessary material. All actions may be enforced by any court having jurisdiction. The records of any active investigation and the records necessary to complete such an investigation are confidential and shall not be subject to public inspection under RSA 91-A for as long as reasonably necessary to complete the investigation. Upon completion of the investigation, those records which are not exempt from public disclosure pursuant to RSA 91-A:5, IV shall be subject to public inspection.]
\t8 Repeal. The following are repealed:
\t\tI. RSA 420-G:4-a, relative to qualified wellness or disease management programs.
\t\tII. RSA 420-G:4-b, relative to New Hampshire health first; standard and basic wellness plans for small employers.
\t\tI. Sections 5-7 of this act shall take effect upon its passage.
\t\tII. Section 8 of this act shall take effect 30 days after its passage.
\t\tIII. The remainder of this act shall take effect January 1, 2017.