SB 408-FN - VERSION ADOPTED BY BOTH BODIES
03/12/2026 1049s
23Apr2026... 1505h
2026 SESSION
26-2038
05/08
SENATE BILL 408-FN
AN ACT relative to health insurance coverage for prosthetics.
SPONSORS: Sen. Gannon, Dist 23; Sen. Rosenwald, Dist 13; Sen. McGough, Dist 11; Sen. Fenton, Dist 10; Sen. Prentiss, Dist 5; Sen. Innis, Dist 7; Sen. Altschiller, Dist 24; Sen. Lang, Dist 2; Sen. McConkey, Dist 3; Sen. Abbas, Dist 22; Sen. Watters, Dist 4; Sen. Ward, Dist 8; Sen. Perkins Kwoka, Dist 21; Sen. Long, Dist 20; Sen. Rochefort, Dist 1; Sen. Reardon, Dist 15; Sen. Pearl, Dist 17; Rep. Litchfield, Rock. 32; Rep. Bernardy, Rock. 36; Rep. S. Minor, Belk. 5; Rep. L. Walsh, Rock. 15; Rep. Weyler, Rock. 14
COMMITTEE: Health and Human Services
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ANALYSIS
This bill requires health insurance policies to provide coverage for adult prosthetics, including activity-specific prosthetic devices. The law currently requires such coverage for children's prosthetics.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/12/2026 1049s
23Apr2026... 1505h 26-2038
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to health insurance coverage for prosthetics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Accident and Health Insurance; Coverage for Prosthetic Devices. Amend RSA 415:18-ff to read as follows:
415:18-ff Coverage for Prosthetic Devices [for Children].
I. Each insurer that issues or renews a policy of group [or blanket accident or] health insurance providing benefits for medical or hospital expenses shall provide coverage for prosthetic devices, including activity-specific prosthetic devices, for children under 19 years of age, who are residents of this state and covered by such insurance. The insurer may limit coverage for activity-specific prosthetic devices to one activity-specific prosthetic device per plan year. Medically necessary prosthetic devices shall not be subject to any annual limits. Coverage under this section shall be subject to such other terms and conditions of the policy that may apply.
II. Each insurer that issues or renews a policy of group health insurance providing benefits for medical or hospital expenses shall provide coverage for prosthetic devices, including activity-specific prosthetic devices, for individuals over 19 years of age who are residents of this state and covered by such insurance. The insurer may limit coverage for activity-specific prosthetic devices to one activity-specific prosthetic device every 5 years and may apply utilization management, including limiting or excluding coverage if the covered person has received an activity-specific device in the last 5 years. Medically necessary prosthetic devices shall not be subject to any annual limits. Coverage under this section shall be subject to such other terms and conditions of the policy that may apply, including any applicable cost sharing. This section shall also apply to the state of New Hampshire's employee health benefit plan under RSA 21-I.
[I.] III. Covered benefits shall include:
(a) All materials and components necessary to use the device;
(b) Instruction to the enrollee on using the device; and
(c) The repair or replacement of a prosthetic device that is determined medically necessary or is necessary for maximizing the enrollee's ability to engage in the specific activity.
[II.] IV. In this section:
(a) "Prosthetic" means an artificial substitute for a body part for functional or therapeutic purposes.
(b) "Activity-specific prosthetic device" means a prosthetic device designed to allow an individual to participate in a specific activity that could damage the residual limb or everyday prosthesis, or when the everyday prosthesis would not function effectively to perform that specified activity.
[III.] V. This section shall not apply to plans available through the Small Business Health Options Program (SHOP).
2 Coverage for Certain Prosthetic Devices. Amend RSA 415:18-n, I to read as follows:
I. Each insurer that issues or renews any policy of group accident or health insurance providing benefits for medical or hospital expenses, except for supplemental policies covering a specified disease or other limited benefit, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state and whose principal place of employment is in this state, coverage for benefits for prosthetic devices under the same terms and conditions that apply to other durable medical equipment covered under the policy, except as otherwise provided in this section and except as otherwise provided in RSA 415:18-ff.
3 Effective Date. This act shall take effect January 1, 2028.
26-2038
5/1/26
SB 408-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT # 2026-1505h)
AN ACT relative to health insurance coverage for prosthetics.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | Indeterminable Increase | Indeterminable Increase | ||
Revenue Fund(s) | General Fund - Insurance Premium Tax | |||||
Expenditures* | $0 | $0 | Indeterminable Increase (State Employee Health Benefit Plan) | Indeterminable Increase (State Employee Health Benefit Plan) | ||
Funding Source(s) | General Fund, Highway Fund, and Various Agency Funds | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
Estimated Political Subdivision Impact | ||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 |
County Revenue | $0 | $0 | $0 | $0 |
County Expenditures | $0 | $0 | Indeterminable Increase | Indeterminable Increase |
Local Revenue | $0 | $0 | $0 | $0 |
Local Expenditures | $0 | $0 | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill requires health insurance policies to provide coverage for prosthetic devices, including activity-specific prosthetic devices, for individuals over 19 years of age and children under 19 years of age. The bill allows insurers to limit coverage for activity-specific prosthetic devices to one device per plan year for children and one device every 5 years for adults and applies to the state employee health benefit plan. The bill takes effect January 1, 2028.
The Insurance Department states this bill amends RSA 415:18-ff to mandate coverage for prosthetic devices, including activity-specific devices, for individuals under 19 years of age and expands coverage to individuals over 19 years of age. The Department anticipates an increase in claims costs related to prosthetic devices, estimated at approximately $27,000 per beneficiary. The bill restricts coverage for a second, activity-specific prosthesis to one unit for every five-year period, per covered life. Based on information from the CDC on the number of individuals living with limb loss nationally, the Department estimates the eligible New Hampshire population is about 19,800 individuals. However, only approximately 45% of NH residents hold membership in commercial, fully-insured health insurance plans which, if this proposal is enacted, would define the eligible population. Consequently, approximately 8,900 adults would be in the eligible population affected by limb loss. The Department assumes that only 10 to 30 percent of this eligible population would take up this benefit if it is enacted. The Department estimates the annualized fiscal impact may be in the range of $4 to $12 million. Any increase in health insurance premiums due to the expanded coverage would result in a corresponding increase in Insurance Premium Tax revenue for the State.
The Department of Administrative Services states the bill applies to the State Employee Health Benefit Plan and estimates claims costs could increase by more than $100,000 to $500,000 annually. Due to variability in utilization rates, the Department indicates the actual fiscal impact on the State Employee Health Benefit Plan is indeterminable but expected to fall within this range. The State would also incur administrative costs associated with implementing the bill through its third-party medical administrator.
Local and county governments that purchase health insurance for their employees may experience increased premiums due to the expanded coverage for prosthetic devices. The extent of this impact will depend on the number of employees requiring such devices and the associated claims costs.
AGENCIES CONTACTED:
Insurance Department and Department of Administrative Services
| Date | Amendment |
|---|---|
| March 4, 2026 | 2026-1049s |
| April 16, 2026 | 2026-1505h |
| May 12, 2026 | 2026-1929h |
| May 13, 2026 | 2026-1966h |
| Date | Body | Type |
|---|---|---|
| Jan. 21, 2026 | Senate | Hearing |
| Jan. 29, 2026 | Senate | Floor Vote |
| Senate | Floor Vote | |
| April 1, 2026 | House | Hearing |
| April 15, 2026 | House | Exec Session |
| April 15, 2026 | House | Floor Vote |
| May 5, 2026 | House | Exec Session |
| May 5, 2026 | House | Floor Vote |
May 21, 2026: Sen. Rochefort Moved to Concur with the House Amendment, MA, VV; 05/21/2026; SJ 13
May 14, 2026: Ought to Pass: MA VV 05/14/2026 HJ 13
May 14, 2026: Lay SB408 on Table (Rep. Sweeney): MF DV 148-189 05/14/2026 HJ 13
May 14, 2026: FLAM # 2026-1929h(NT) (Rep. Farrington): AF RC 159-177 05/14/2026
May 7, 2026: Minority Committee Report: Inexpedient to Legislate
May 7, 2026: Majority Committee Report: Ought to Pass 05/05/2026 (Vote 21-3; RC) HC 19 P. 24
April 28, 2026: Executive Session: 05/05/2026 10:30 am GP 230
April 28, 2026: Division I Work Session: 05/04/2026 10:00 am GP 230
April 23, 2026: Referred to Finance 04/23/2026 HJ 11
April 23, 2026: Ought to Pass with Amendment 2026-1505h: MA VV 04/23/2026 HJ 11
April 23, 2026: Amendment # 2026-1505h: AA VV 04/23/2026 HJ 11
April 16, 2026: Committee Report: Ought to Pass with Amendment # 2026-1505h 04/15/2026 (Vote 18-0; CC)
April 8, 2026: Executive Session: 04/15/2026 10:00 am GP 229
April 8, 2026: Subcommittee Work Session: 04/14/2026 10:00 am GP 229
April 1, 2026: Subcommittee Work Session: 04/08/2026 10:00 am GP 229
March 24, 2026: Public Hearing: 04/01/2026 01:15 pm GP 229
March 16, 2026: Introduced (in recess of) 03/12/2026 and referred to Commerce and Consumer Affairs HJ 8
March 6, 2026: Ought to Pass with Amendment #2026-1049s, MA, VV; OT3rdg; 03/12/2026; SJ 6
March 6, 2026: Committee Amendment # 2026-1049s, AA, VV; 03/12/2026; SJ 6
March 5, 2026: Committee Report: Ought to Pass with Amendment # 2026-1049s, 03/12/2026; Vote 7-0; CC; SC 9
Jan. 29, 2026: Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 01/29/2026; SJ 2
Jan. 22, 2026: Committee Report: Ought to Pass, 01/29/2026; Vote 4-0; CC; SC 3
Jan. 12, 2026: Hearing: 01/21/2026, Room 100, SH, 09:00 am; SC 2
Nov. 18, 2025: Introduced 01/07/2026 and Referred to Health and Human Services; SJ 1