Bill Details - HB338 (2019)

HB 338 - VERSION ADOPTED BY BOTH BODIES

 

27Feb2019... 0076h

04/18/2019   1450s

2019 SESSION

19-0639

01/10

 

HOUSE BILL 338

 

AN ACT relative to rebates under the law governing unfair insurance practices.

 

SPONSORS: Rep. Bartlett, Merr. 19

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill moves the exceptions to rebating from RSA 402 to the law regulating unfair insurance practices for purposes of clarity.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Feb2019... 0076h

04/18/2019   1450s 19-0639

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to rebates under the law governing unfair insurance practices.

 

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

 

1  Unfair Insurance Trade Practices; Rebating.  Amend RSA 417:4, IX(b)(8) to read as follows:

(8)  Reduction of premium rate for policies of large amounts, but not exceeding savings in issuance and administration expenses reasonably attributable to such policies as compared with policies of similar plan issued in smaller amounts[.];

(9)  An insurance company paying to another insurance company or to any person who is a duly authorized producer, or an insurance company or such a person from receiving a commission in respect to any policy under which the entity or he or she is insured;

(10)  An insurance company issuing non-participating life insurance from paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from non-participating insurance;

(11)  Value added service, activity, or product offered or provided without a fee, or at a reduced fee, if the provision of such value added service, activity, or product does not violate any other applicable statute or rule, and is:

(A)  Available to all insureds on an objective and fair basis; and

(B)  Directly related to the firm's servicing of the insurance policy, annuity contract, or brokerage agreement, or offered or undertaken to provide risk control for the benefit of the client;

(12)  For the purposes of subparagraph (11), "value added service, activity, or product" may include the following:

(A)  Risk assessments or mitigation.

(B)  Risk control tools.

(C)  Claims assistance.

(D)  Legislative updates.

(E)  Administration consulting;

(13)  The giving of a promotional item or items to a consumer in connection with marketing of contracts of insurance provided the item or items have a fair market value of $100 or less per consumer, per year;

(14)  Contests, sweepstakes, raffles, or drawings, conducted in connection with the marketing or promotion of insurance products, if:

(A)  There is no participation cost to entrants; and

(B)  The contest, sweepstake, raffle, or drawing is open to consumers who are not policyholders and the consumer is not required to purchase a policy in order to be eligible to enter the contest, sweepstake, raffle, or drawing or receive a prize;

(15)  The rebate of all or part of a producer's commission on the sale of commercial insurance as defined in RSA 412 provided the insurer expressly provides for such rebate in rate filings approved by the commissioner and the reduction of the commission is not disclosed to the insured either directly or indirectly.

2  Repeal.  The subdivision heading preceding RSA 402:39 and RSA 402:39 through 402:41, relative to rebating, are repealed.

3  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Commerce and Consumer Affairs HJ 2 P. 46
Jan. 15, 2019 Public Hearing: 01/15/2019 10:15 am LOB 302
Jan. 22, 2019 Subcommittee Work Session: 01/22/2019 11:00 am LOB 302
Jan. 22, 2019 ==RECESSED== Executive Session: 01/22/2019 01:30 pm LOB 302
Feb. 6, 2019 Subcommittee Work Session: 02/06/2019 09:30 am LOB 104
Feb. 6, 2019 ==CONTINUED== Executive Session: 02/06/2019 02:00 pm LOB 302
Committee Report: Ought to Pass with Amendment # 2019-0076h (Vote 18-0; CC)
Feb. 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-0076h for 02/27/2019 (Vote 18-0; CC) HC 13 P. 3
Feb. 27, 2019 Amendment # 2019-0076h: AA VV 02/27/2019 HJ 6 P. 3
Feb. 27, 2019 Ought to Pass with Amendment 2019-0076h: MA VV 02/27/2019 HJ 6 P. 3
March 14, 2019 Introduced 03/14/2019 and Referred to Commerce; SJ 9
April 9, 2019 Hearing: 04/09/2019, Room 100, SH, 02:00 pm; SC 17
April 18, 2019 Committee Report: Ought to Pass with Amendment # 2019-1450s, 04/18/2019; Vote 5-0; CC; SC 18
April 18, 2019 Committee Report: Ought to Pass with Amendment # 2019-1450s, 04/18/2019; Vote 5-0; CC; SC 18
April 18, 2019 Committee Amendment # 2019-1450s, AA, VV; 04/18/2019; SJ 13
April 18, 2019 Ought to Pass with Amendment 2019-1450s, MA, VV; OT3rdg; 04/18/2019; SJ 13
May 2, 2019 House Concurs with Senate Amendment 2019-1450s (Rep. Butler): MA VV 05/02/2019

Action Dates

Date Body Type
Jan. 15, 2019 House Hearing
Jan. 22, 2019 House Exec Session
Feb. 6, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote
April 9, 2019 Senate Hearing
April 18, 2019 Senate Floor Vote
April 18, 2019 Senate Floor Vote

Bill Text Revisions

HB338 Revision: 4548 Date: Dec. 31, 2018, 12:39 p.m.
HB338 Revision: 5423 Date: Feb. 28, 2019, 3:05 p.m.
HB338 Revision: 5753 Date: April 18, 2019, 10:46 a.m.
HB338 Revision: 5831 Date: May 3, 2019, 10:17 a.m.