HB638 (2017) Compare Changes


The Bill Text indicates a repeal. This means the text being replaced is not available in the bill, and the unchanged text displayed is incomplete. The original text can be viewed by following the link to the RSA. Also, an accompanying re-enactment is not handled currently, and displayed in both unchanged and changed versions.

Unchanged Version

Text to be removed highlighted in red.

1 Insurance Premium Tax; New Hampshire Health Protection Program. Amend RSA 400-A:32, III to read as follows:

III.(a) Except as provided in subparagraph (b), The taxes imposed in paragraphs I and II of this section shall be promptly forwarded by the commissioner to the state treasurer for deposit to the general fund.

*(b) Taxes imposed attributable to premiums written for medical and other medical related services for the newly eligible Medicaid population as provided for under RSA 126-A:5, XXIV-XXVI shall be deposited into the New Hampshire health protection trust fund, established in RSA 126-A:5-b. The commissioner shall notify the state treasurer of sums for deposit into the New Hampshire health protection trust fund no later than 30 days after receipt of said taxes. *

2 Individual Health Insurance Market; Purpose. Amend RSA 404-G:1, II to read as follows:

II. Create a nonprofit, voluntary organization to facilitate the availability of affordable individual nongroup health insurance by establishing an assessment mechanism and an individual health insurance market mandatory risk sharing plan as a mechanism to distribute the risks associated within the individual nongroup market and to support the marketplace premium assistance program established in RSA 126-A:5, XXV.

3 Individual Health Insurance Markdt; Definitions. Amend RSA 404-G:2, X-a to read as follows:

X-a. "Plan of operation'' means the plan of operation of the risk sharing mechanism, the high risk pool, support for the program established in RSA 126-A:5, XXV, and the federally qualified high risk pool, including articles, bylaws and operating rules, procedures and policies adopted by the association.

4 Individual Health Insurance Market; Plan of Operation. Amend RSA 404-G:5-a, IV(b) through IV(d) to read as follows:

(b) Established no later than November 1 in the year preceding the calendar year for which the carrier's experience shall be used to calculate the assessment; and

(c) Anticipated to be sufficient to meet the high risk pool's funding needs *and the association's share of the costs of the program, as defined in subparagraph (d); and

(d) For the period of January 1, 2017 through December 31, 2018, an amount not to exceed 50 percent of the remainder amount, as defined in RSA 126-A:5-c, I(b), less the amount made available to the program pursuant to RSA 404-G:11, VI. The association shall transfer all amounts collected pursuant to this subparagraph and the amount made available to the program pursuant to RSA 404-G:11, VI to the New Hampshire health protection trust fund, established pursuant to RSA 126-A:5-b*.

5 Individual Health Insurance Market; High Risk Pool. Amend RSA 404-G:11, VI to read as follows:

VI. Following the cessation of coverage on December 31, 2013, the association shall take such actions as are necessary and desirable to wind down its affairs under this chapter in accordance with the plan of termination. The association shall retain all of its powers and duties, including, but not limited to, its power to establish and collect regular and special assessments under RSA 404-G:5 and RSA 404-G:5-a, and the immunity provided by RSA 404-G:9 and the bylaws of the association. Any excess funds remaining after the satisfaction of all of the association's liabilities shall be used for the program and for the association's reasonable costs for collecting its share of the remainder amount returned to the association's members in proportion to their respective liability for the last regular assessments imposed by the association.

6 Repeal. The following are repealed:

I. RSA 126-A:5, XXIV-XXVI and XXX, relative to the New Hampshire health protection program.

II. RSA 126-A:5-b, relative to the New Hampshire health protection trust fund.

III. RSA 126-A:5-c, relative to funding the state share of the New Hampshire health protection program.

IV. RSA 126-A:5-d, relative to voluntary provider contributions.

V. RSA 126-A:5-e, relative to a commission to evaluate the effectiveness and future of the premium assistance program.

VI. RSA 126-A:67, relative to a statewide demonstration waiver.

VII. RSA 404-G:2, X-c, relative to the definition of program.

VIII. RSA 404-G:11, VI-a relative to a plan for an amendment to continue the New Hampshire health protection program.

IX. RSA 6:12, I(b)(317), relative to moneys deposited in the New Hampshire health protection trust fund.

X. 2014, 3:10, as amended by 2016, 13:13, relative to applicability, eligibility, funding for the New Hampshire health protection program.

7 Effective Date.

I. Section 1 of this act shall take effect July 1, 2017, at 12:01 a.m.

II. The remainder of this act shall take effect upon its passage.

Changed Version

Text to be added highlighted in green.

1 Insurance Premium Tax; New Hampshire Health Protection Program. Amend RSA 400-A:32, III to read as follows:

III. The taxes imposed in paragraphs I and II of this section shall be promptly forwarded by the commissioner to the state treasurer for deposit to the general fund.

2 Individual Health Insurance Market; Purpose. Amend RSA 404-G:1, II to read as follows:

II. Create a nonprofit, voluntary organization to facilitate the availability of affordable individual nongroup health insurance by establishing an assessment mechanism and an individual health insurance market mandatory risk sharing plan as a mechanism to distribute the risks associated within the individual nongroup market .

3 Individual Health Insurance Markdt; Definitions. Amend RSA 404-G:2, X-a to read as follows:

X-a. "Plan of operation'' means the plan of operation of the risk sharing mechanism, the high risk pool, and the federally qualified high risk pool, including articles, bylaws and operating rules, procedures and policies adopted by the association.

4 Individual Health Insurance Market; Plan of Operation. Amend RSA 404-G:5-a, IV(b) through IV(d) to read as follows:

(b) Established no later than November 1 in the year preceding the calendar year for which the carrier's experience shall be used to calculate the assessment; and

(c) Anticipated to be sufficient to meet the high risk pool's funding needs .

5 Individual Health Insurance Market; High Risk Pool. Amend RSA 404-G:11, VI to read as follows:

VI. Following the cessation of coverage on December 31, 2013, the association shall take such actions as are necessary and desirable to wind down its affairs under this chapter in accordance with the plan of termination. The association shall retain all of its powers and duties, including, but not limited to, its power to establish and collect regular and special assessments under RSA 404-G:5 and RSA 404-G:5-a, and the immunity provided by RSA 404-G:9 and the bylaws of the association. Any excess funds remaining after the satisfaction of all of the association's liabilities shall be returned to the association's members in proportion to their respective liability for the last regular assessments imposed by the association.

6 Repeal. The following are repealed:

I. RSA 126-A:5, XXIV-XXVI and XXX, relative to the New Hampshire health protection program.

II. RSA 126-A:5-b, relative to the New Hampshire health protection trust fund.

III. RSA 126-A:5-c, relative to funding the state share of the New Hampshire health protection program.

IV. RSA 126-A:5-d, relative to voluntary provider contributions.

V. RSA 126-A:5-e, relative to a commission to evaluate the effectiveness and future of the premium assistance program.

VI. RSA 126-A:67, relative to a statewide demonstration waiver.

VII. RSA 404-G:2, X-c, relative to the definition of program.

VIII. RSA 404-G:11, VI-a relative to a plan for an amendment to continue the New Hampshire health protection program.

IX. RSA 6:12, I(b)(317), relative to moneys deposited in the New Hampshire health protection trust fund.

X. 2014, 3:10, as amended by 2016, 13:13, relative to applicability, eligibility, funding for the New Hampshire health protection program.

7 Effective Date.

I. Section 1 of this act shall take effect July 1, 2017, at 12:01 a.m.

II. The remainder of this act shall take effect upon its passage.