HB 1268 - VERSION ADOPTED BY BOTH BODIES
11Mar2026... 0887h
11Mar2026... 1098h
05/07/2026 1737s
05/07/2026 1872s
2026 SESSION
26-2511
12/06
HOUSE BILL 1268
SPONSORS: Rep. Noble, Hills. 2; Rep. Drago, Rock. 4; Rep. Drye, Sull. 7; Rep. Freeman, Belk. 8; Rep. Granger, Straf. 2; Rep. Layon, Rock. 13; Rep. Tom Mannion, Hills. 1; Rep. Mazur, Hills. 44; Rep. Osborne, Rock. 2; Rep. Peternel, Carr. 6; Sen. Murphy, Dist 16; Sen. Sullivan, Dist 18
COMMITTEE: Education Policy and Administration
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AMENDED ANALYSIS
This bill:
I. Replaces the current framework for home education programs in New Hampshire by modifying the definitions, administration, and requirements of such programs.
II. Establishes a parental right to home education for his or her own child, and a right to maintain privacy in information related to the administration of their home education program.
III. Removes cross-references to both the previous framework for home education programs and considerations of education in the assessment of child neglect.
IV. Directs the state board of education to repeal certain administrative rules relative to the prior framework.
V. Requires written agreement to be formed between pharmacy benefits managers and health carriers before benefits managers can operate.
VI. Amends pharmacy benefits manager reporting and examination requirements.
VII. Raises the value of the maximum administrative fine that can be levied for violations of the state's pharmacy benefits manger laws.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2026... 0887h
11Mar2026... 1098h
05/07/2026 1737s
05/07/2026 1872s 26-2511
12/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known as the "Home Education Freedom Act".
2 Access to Public School Programs by Nonpublic, Public Chartered Schools, or Home Educated Pupils; Home Schools Cross-Reference Added. Amend RSA 193:1-c, II to read as follows:
II. Nothing in this section shall be construed to require a parent to establish a home education program which exceeds the requirements of RSA 193:1 or RSA 193-A.
3 Home Education; Definitions and Administration of Program Modified. RSA 193-A:1-5 is repealed and reenacted to read as follows:
193-A:1 Definitions.
I. “Certificate of completion” means an optional document signed by the parent of a home educated child certifying that the child has completed a home education program.
II. “Child" means a child or children at least 6 years of age and under 18 years of age who is a resident of New Hampshire.
III. “Optional declaration of home education” means an optional written statement that the student is home educated and meets the New Hampshire compulsory attendance requirements, signed by a parent which identifies a home educated student by name, date of birth, and current address.
IV. “Home educated student” means a student receiving an education provided, coordinated, or directed by a parent for his or her own child. This definition shall not include a student participating in the education freedom account program established in RSA 194-F.
V. “Parent" means a parent, guardian, or person having legal custody of a child.
VI. “Resident district" means the school district in which the child resides.
193-A:2 Program Established; Purpose. The general court recognizes that the right of a parent to direct the education of their child is a natural right. A parent may elect to educate his or her own child at home in accordance with this chapter.
193-A:3 Optional Declaration of Home Education. A declaration of home education shall not be required, except to obtain access to public school programs pursuant to RSA 193:1-c or upon withdrawal from a public school.
193-A:4 Parental Right to Home Education; Independence of Home Education, Program Schedule, Privacy, and Termination of Program.
I. A parent shall have the right to establish a home education program for his or her own child, regardless of ability, disability, developmental status, or educational needs.
II. The resident district superintendent shall work with parents upon request in meeting the goals of their home education program. No superintendent, school board, school principal, other school district official, local official, or state official shall propose, adopt, or enforce any policy or procedure governing home educated students except for policies related to the courses and programs described in RSA 193:1-c.
III. Dates and hours of instruction shall not be required to coincide with the resident district calendar. The academic term of a home education program shall not be required to coincide with the resident district academic year.
IV. Except in the circumstance where a student is included in the resident district's average daily membership in attendance or ADMA pursuant to RSA 198:38 or by participating in the statewide assessment, the home educated child shall not:
(a) Have their data tracked through the statewide longitudinal data system (SLDS) as defined by RSA 189:65; or
(b) Have their student information collected pursuant to RSA 193-E:5.
V. Participation in a home education program pursuant to this chapter shall be presumed as education required by law. Therefore in proceedings under RSA 169-C the state shall not:
(a) Use such participation as evidence of, or as a basis for finding, failure to provide education as required by law;
(b) Consider such participation in a home education program as a negative factor in assessing the adequacy of meeting a child's education needs; and
(c) Use the lack of notice, records, evaluations, or assessments in a home education program operated consistent with this chapter as a failure to provide education as required by law.
VI. Any information submitted to any state agency, school district, or government entity regarding a home education program shall be confidential and shall not be disclosed to any other state agency, federal agency, or third party without the written consent of the parent. Such disclosure by a government employee acting in an official capacity, shall constitute a violation of RSA 91-A:8, IV.
VII. A home education program is terminated when a home educated student is enrolled full time in a public school, a public charter school, a nonpublic school, or the education freedom account program established in RSA 194-F.
193-A:5 Optional Certificate of Completion. A parent may certify the completion of a home education program pursuant to this chapter.
I. A certificate of completion may include the following information:
(a) Name and date of birth of the child;
(b) Names of the parents;
(c) Date of completion of the home education program; and
(d) Signature of the parent.
II. If a parent submits the certificate of completion to the commissioner of the department of education, within 30 days of receipt the commissioner shall issue a certificate of completion which shall include the home education student has completed a home education program in the state of New Hampshire pursuant to RSA 193-A.
4 Education Freedom Accounts; Home Education Notification Requirement Removed. Amend RSA 194-F:2, IX to read as follows:
IX. A home education program pursuant to [RSA 193-A:5] RSA 193-A is terminated upon the commencement of a student's participation in [an] the EFA program. [A parent shall provide notification pursuant to RSA 193-A:5 when a student starts participating in an EFA program.] If the student is accessing programs pursuant to 193:1-c, a parent shall notify the resident district that the student is now participating in the EFA program.
5 Costs of Capital Outlay and Operation; Cross-Reference to Exception Removed. Amend RSA 195:7, II to read as follows:
II. Home education pupils who do not receive services from the cooperative school district [, except an evaluation pursuant to RSA 193-A:6, II,] shall not be included in the average daily membership relative to apportionment formulas.
6 Procedure for Formation of Cooperative School District; Cross-Reference to Exception Removed. Amend RSA 195:18, III(e)-(g) to read as follows:
(e) The method of apportioning the operating expenses of the cooperative school district among the several preexisting districts and the time and manner of payment of such shares. Home education pupils who do not receive services from the cooperative school district[, except an evaluation pursuant to RSA 193-A:6, II] shall not be included in the average daily membership relative to apportionment formulas.
(f) The indebtedness of any preexisting district which the cooperative school district is to assume.
(g) The method of apportioning the capital expenses of the cooperative school district among the several preexisting districts, which need not be the same as the method for apportioning operating expenses, and the time and manner of payment of such shares. Capital expenses shall include the costs of acquiring land and buildings for school purposes, including property owned by a preexisting district; the construction, furnishing and equipping of school buildings and facilities; and the payment of the principal and interest of any indebtedness which is incurred to pay for the same or which is assumed by the cooperative school district. Home education pupils who do not receive services from the cooperative school district [, except an evaluation pursuant to RSA 193-A:6, II,] shall not be included in the average daily membership relative to apportionment formulas.
7 Child Protection Act; Definitions; Neglected Child; Home Education Program Participation Exempted. Amend RSA 169-C:3, XIX to read as follows:
XIX. "Neglected child" means a child:
(a) Who has been abandoned by his or her parents, guardian, or custodian; or
(b) Who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health, when it is established that the child's health has suffered or is likely to suffer serious impairment; and the deprivation is not due primarily to the lack of financial means of the parents, guardian, or custodian; or
(c) Whose parents, guardian or custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity;
Provided, that no child who is, in good faith, under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a neglected child under this chapter. A child participating in a home education program under RSA 193-A or an education program funded through an education freedom account under RSA 194-F shall not be considered a neglected child under this chapter solely on the basis of such participation.
8 Department of Education; Rulemaking; Cross-Reference Added. Amend RSA 21-N:9, II(g) to read as follows:
(g) Home study, as authorized by RSA 193:1, I (c).
9 Agency Directive; Repeal of Administrative Rules. Immediately upon passage of this act, the state board of education shall undertake and complete expedited repeal of rules Ed 315, as described in RSA 541-A:19-a.
10 Repeal. The following are repealed:
I. RSA 193-A:6, relative to the record keeping and evaluation of home education programs.
II. RSA 193-A:10, relative to the home education advisory council.
III. RSA 193-A:11, relative to the authority of school district officials in governance of home education programs.
11 Pharmacy Benefits Managers; Definitions. Amend RSA 402-N:1, VIII to read as follows:
VIII.(a) "Pharmacy benefits manager" means a person, business, or other entity, including a wholly or partially owned or controlled subsidiary of a pharmacy benefits manager or of a licensed health insurer, that, pursuant to a contract with a health carrier, manages the prescription drug coverage provided by the health carrier for health coverage as defined in RSA 420-G:2, IX, including, but not limited to, providing claims processing services for prescription drugs, performing drug utilization review, processing drug prior authorization requests, adjudication of grievances or appeals related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs.
(b) "Pharmacy benefits manager" shall not include any:
(1) Health care facility licensed in this state;
(2) Health care professional licensed in this state;
(3) Consultant who only provides advice as to the selection or performance of a pharmacy benefits manager; or
(4) Service provided to the Centers for Medicare and Medicaid Services[; or].
[(5) Health insurer licensed in this state if the health insurer or its subsidiary is providing pharmacy benefits management services exclusively to its own insureds.]
12 Pharmacy Benefits Managers; Registration to do Business; Rulemaking; Penalties. Amend RSA 402-N:2, III(a) to read as follows:
(a) [For each separate violation, a penalty in the amount of $2,500] An administrative fine not to exceed $5,000 per violation.
13 New Section; Written Agreements. Amend RSA 402-N by inserting after section 2 the following new section:
402-N:2-a. Written Agreement.
I. No pharmacy benefits manager shall act as such without a written agreement between the pharmacy benefits manager and the health carrier. The written agreement shall be retained as part of the official records of both the health carrier and the pharmacy benefits manager for the duration of the agreement and for 5 years thereafter. The agreement shall contain all provisions required by this chapter, except insofar as those requirements do not apply to the functions performed by the pharmacy benefits manager.
II. The written agreement shall include the following:
(a) A statement of duties that the pharmacy benefits manager is expected to perform on behalf of the health carrier.
(b) A statement that the pharmacy benefits manager shall maintain and make available to the health carrier complete books and records of all transactions performed on behalf of the health carrier.
(c) The instructions for how the pharmacy benefits manager will undertake the duties delegated by the health carrier.
III. In cases in which pharmacy benefits manager administers benefits for more than 100 covered lives in New Hampshire on behalf of the health carrier, the health carrier may, at least semi-annually, conduct an on-site or virtual audit of the operations of the pharmacy benefits manager.
14 Pharmacy Benefits Manager Reporting. RSA 402-N:6 is repealed and reenacted to read as follows:
402-N:6 Pharmacy Benefits Manager Reporting.
I. Each pharmacy benefits manager shall submit to the commissioner annually a report containing a list of health benefit plans it administered and the rebates it collected from pharmaceutical manufacturers that were attributable to patient utilization in the state of New Hampshire during the prior calendar year. The report submitted to the commissioner shall include the following information:
(a) The aggregate dollar amount spent on drugs prior to rebates;
(b) The aggregate dollar amount of all rebates that pharmacy benefit manager received from all pharmaceutical manufacturers;
(c) The aggregate dollar amount of all administrative fees that the pharmacy benefit manager received;
(d) The aggregate dollar amount of all health carrier administrative service fees that the pharmacy benefit manager received;
(e) The aggregate dollar amount of all rebates that the pharmacy benefit manager received from all pharmaceutical manufacturers and did not pass through to health plans or health carriers;
(f) The aggregate dollar amount of all administrative fees that the pharmacy benefit manager received from all pharmaceutical manufacturers and did not pass through to health plans or health carriers;
(g) The aggregate retained rebate percentage; and
(h) Across all of the pharmacy benefit manager’s contractual or other relationships with all health plans or health carriers, the highest aggregate retained rebate percentage, the lowest aggregate retained rebate percentage, and the mean aggregate retained rebate percentage.
II. Information reported to the commissioner pursuant to this section shall be confidential and protected from disclosure under the commissioner's examination authority and shall not be considered a public record subject to disclosure under RSA 91-A. Based on this reporting, the commissioner shall make public aggregated data on the overall amount of rebates collected on behalf of covered persons in the state, but shall not release data that identifies a specific health carrier or pharmacy benefit manager.
III. The commissioner shall prescribe the format of the report and procedure for filing the report. Any forms, templates, or guidance regarding the report required by the section shall be exempt from the requirements of RSA 541-A.
IV. This section shall not apply to data related to Medicaid, the Medicaid Care Management program, the Ryan White HIV/AIDS program administered by the department of health and human services, self-funded plans, the state employee health benefit plan, or any other plan outside the jurisdiction of the commissioner.
15 Pharmacy Benefits Managers; Authority to Examine and Directly Bill Pharmacy Benefits Managers for Examinations. RSA 402-N:7 is repealed and reenacted to read as follows:
402-N:7 Authority to Examine and Directly Bill Pharmacy Benefits Managers for Examinations.
I. The acts of the pharmacy benefits manager shall be considered the acts of the health carrier on whose behalf it is acting. A pharmacy benefits manager may be examined as if it were the health carrier pursuant to RSA 400-A:37 and the commissioner may directly bill a pharmacy benefits manager for the costs of any examination.
II. The commissioner may investigate the acts of a pharmacy benefits manager pursuant to RSA 400-A:16.
III. The pharmacy benefits manager shall make all records and books of account available to the examiners or consultants and shall otherwise facilitate the performance of the examination or investigation.
16 Managed Care Law; Provider Contract Standards. Amend RSA 420-J:8, XV to read as follows:
XV.(a) All contracts between a carrier or pharmacy benefit manager and a contracted pharmacy shall include:
(1) The sources used by the pharmacy benefit manager to calculate the drug product reimbursement paid for covered drugs available under the pharmacy health benefit plan administered by the carrier or pharmacy benefit manager.
(2) A process to appeal, investigate, and resolve disputes regarding the maximum allowable cost pricing. The process shall include the following provisions:
(A) A provision granting the contracted pharmacy or pharmacist at least 30 business days following the initial claim to file an appeal;
(B) A provision requiring the carrier or pharmacy benefit manager to investigate and resolve the appeal within 30 business days;
(C) A provision requiring that, if the appeal is denied, the carrier or pharmacy benefit manager shall:
(i) Provide the reason for the denial; and
(ii) Identify the national drug code of a drug product that may be purchased by contracted pharmacies at a price at or below the maximum allowable cost; and
(D) A provision requiring that, if an appeal is granted, the carrier or pharmacy benefits manager shall within 30 business days after granting the appeal:
(i) Make the change in the maximum allowable cost; and
(ii) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question.
(3) All claims adjudications, appeals, and utilization review processes shall comply with the requirements of RSA 420-J and rules promulgated thereunder.
(b) For every drug for which the health carrier or pharmacy benefit manager establishes a maximum allowable cost to determine the drug product reimbursement, the health carrier or pharmacy benefit manager shall:
(1) Include in the contract with the pharmacy information identifying the national drug pricing compendia or sources used to obtain the drug price data.
(2) Make available to a contracted pharmacy the actual maximum allowable cost for each drug.
(3) Review and make necessary adjustments to the maximum allowable cost for every drug for which the price has changed at least every 14 days.
(c) [Repealed.]
(d) [Repealed.]
(e) Grant at least 7 days' advance notice of the initial on-site audit for each audit cycle. A pharmacy that requests an additional 7 days prior to the commencement of an audit shall be granted 7 additional days.
17 Managed Care Law; Retroactive Denials Prohibited; Exceptions. Amend RSA 420-J:8-b, III to read as follows:
III. A health carrier shall notify a health care provider at least 15 days in advance of the imposition of any retroactive denials of previously paid claims. The health care provider shall have 6 months from the date of notification under this paragraph to determine whether the insured has other appropriate insurance, which was in effect on the date of service. Notwithstanding the contractual terms between the health carrier and provider, the health carrier shall allow for the submission of a claim that was previously denied by another insurer due to the insured's transfer or termination of coverage. If the health care provider files an appeal within 15 days of the date of the notice by the health carrier, the recoupment of the previously paid claim shall occur only after the appeal and external review process has concluded.
18 New Subparagraphs; Standards for Accident and Health Insurance; Establishing Excess Cost Sharing. Amend RSA 415-A:7, I by inserting after subparagraph (b) the following new subparagraphs:
(c) “Pharmacy benefits manager” means “pharmacy benefits manager” as defined in RSA 402-N:1, VIII.
(d) “Spread pricing” means the model of drug pricing in which the pharmacy benefit manager charges a health benefit plan a contracted price for drugs, and the contracted price for the drugs differs from the amount the pharmacy benefit manager directly or indirectly pays the pharmacist or pharmacy for the drugs, pharmacist services, or drug and dispensing fees.
19 Standards for Accident and Health Insurance; Establishing Excess Cost Sharing. Amend RSA 415-A:7, IV(b) to read as follows:
(b) A civil fine not to exceed [$2,500] $5,000 may be imposed for each violation. [Repeated violations of the same provision shall constitute separate civil offenses.]
20 New Paragraphs; Standards for Accident and Health Insurance; Establishing Excess Cost Sharing. Amend RSA 415-A:7 by inserting after paragraph V the following new paragraphs:
VI. An insurer providing health coverage as defined in RSA 420-G:2, IX to a group shall disclose at the time the plan is sold how rebates will be treated in accordance with this section and, if a pharmacy benefits manager is used to administer the prescription drug benefit, whether spread pricing is used to compensate the pharmacy benefits manager.
VII. Nothing in this section shall prohibit the use of spread pricing.
I. Sections 11-20 of this act shall take effect January 1, 2027.
II. The remainder of this act shall take effect July 1, 2026.
| Date | Amendment |
|---|---|
| Feb. 11, 2026 | 2026-0606h |
| March 4, 2026 | 2026-0887h |
| March 9, 2026 | 2026-1098h |
| April 29, 2026 | 2026-1737s |
| May 7, 2026 | 2026-1872s |
| Date | Body | Type |
|---|---|---|
| Feb. 20, 2026 | House | Hearing |
| Feb. 20, 2026 | House | Hearing |
| March 2, 2026 | House | Exec Session |
| March 2, 2026 | House | Floor Vote |
| April 21, 2026 | Senate | Hearing |
| May 7, 2026 | Senate | Floor Vote |
May 21, 2026: House Concurs with Senate Amendment 2026-1737s and 2026-1872s (Rep. Noble): MA DV 178-170 05/20/2026 HJ 14
May 7, 2026: OT3rdg; 05/07/2026; SJ 11
May 7, 2026: Ought to Pass with Amendment on Sections 11-20 and the Effective Date; MA; VV; OT3rdg, 05/07/2026; SJ 11
May 7, 2026: Ought to Pass with Amendment on Sections 1-10 and the Effective Date, RC 14Y-8N, MA, 05/07/2026; SJ 11
May 7, 2026: The Chair ruled the Question Divisible; 05/07/2026; SJ 11
May 7, 2026: Sen. Perkins Kwoka Moved to divide the Question of Ought to Pass with Amendment with the first vote on Sections 1-10 and the Effective Date and the second vote on Sections 11-20 and the Effective Date; 05/07/2026; SJ 11
May 7, 2026: Sen. Rochefort Floor Amendment # 2026-1872s, AA, VV; 05/07/2026; SJ 11
May 7, 2026: Committee Amendment # 2026-1737s, AA, VV; 05/07/2026; SJ 11
April 29, 2026: Committee Report: Ought to Pass with Amendment # 2026-1737s, 05/07/2026, Vote 3-2; SC 17
April 15, 2026: Hearing: 04/21/2026, Room Map Room, SL, 09:45 am; SC 15
March 17, 2026: Introduced 03/12/2026 and Referred to Education; SJ 7
March 11, 2026: Ought to Pass with Amendment 2026-0887h and 2026-1098h: MA RC 174-166 03/11/2026 HJ 7
March 11, 2026: FLAM # 2026-1098h (Rep. Noble): AA RC 181-158 03/11/2026 HJ 7
March 11, 2026: Amendment # 2026-0887h: AA RC 178-160 03/11/2026 HJ 7
March 4, 2026: Minority Committee Report: Inexpedient to Legislate
March 4, 2026: Majority Committee Report: Ought to Pass with Amendment # 2026-0887h (NT) 03/02/2026 (Vote 10-8; RC) HC 10 P. 36
Feb. 27, 2026: Executive Session: 03/02/2026 09:30 am GP 232
Feb. 11, 2026: Public Hearing on non-germane Amendment # 2026-0606h: 02/20/2026 10:05 am GP 232
Feb. 11, 2026: Public Hearing: 02/20/2026 10:00 am GP 232
Dec. 1, 2025: Introduced 01/07/2026 and referred to Education Policy and Administration HJ 1 P. 13