Bill Text: NH HB309 | 2011 | Regular Session | Introduced
Bill Title: Repealing certain insurance mandates.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-10-20 - House Retained Bill - Executive Session: 11/01/2011 10:00 Amendment Legislative Office Building 302 ==TIME CHANGE (Orig 11:00 Amendment)== [HB309 Detail]
Download: New_Hampshire-2011-HB309-Introduced.html
HB 309-FN – AS INTRODUCED
2011 SESSION
01/09
HOUSE BILL 309-FN
AN ACT repealing certain insurance mandates.
COMMITTEE: Commerce and Consumer Affairs
This bill repeals mandatory insurance coverage for:
I. Certified midwives.
II. The cost of testing for bone marrow donation.
III. Continuation of group health insurance in the event of divorce or legal separation.
IV. Children’s early intervention therapy services.
V. Obesity and morbid obesity.
VI. Diagnosis and treatment of pervasive developmental disorder or autism.
VII. Persons having deafness and hearing loss.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0787
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT repealing certain insurance mandates.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Group Health Insurance Plans. Amend RSA 458:18-a to read as follows:
458:18-a Group Insurance Plans. Upon a decree of nullity[,] or divorce, [or legal separation,] if one spouse is a member of a group health insurance plan and the employer or any other sponsor is responsible for the payment of the premium required by the insurer as the consideration for providing coverage to an ex-spouse, such premium shall be paid either by the health insurance plan member, the ex-spouse of the member, or by both the member and the ex-spouse as they shall agree or as shall be ordered in the decree of divorce by the court. The provisions of this section shall apply to dental coverage provided by such group health insurance plan and shall apply whether or not the ex-spouse is receiving child support payments. [This section shall apply only to continued coverage under RSA 415:18, XVI or 29 U.S.C. section 1161, and shall not affect or limit any rights of the former spouse under RSA 415:18, VII-b.]
2 Continuation of Coverage; Divorce or Legal Separation. Amend RSA 415:18, XV(c) to read as follows:
(c) “Individual” means any person covered under a group health plan, including but not limited to, the covered employee, the spouse of the covered employee, whether surviving, dependent, former dependent, [divorced] or legally separated; or the dependent child of the employee, and any other person including a child born or placed for adoption with the covered employee, who is covered under a group health plan through the employment relationship.
3 Continuation of Coverage; Divorced or Legally Separated. Amend RSA 415:18, XVI(c)(4)(B) to read as follows:
(B) The divorce or the legal separation of the covered employee [or, if the employee’s former spouse has been covered pursuant to RSA 415:18, VII-b, the first occurring of any of the following events:
(i) The remarriage of the covered employee;
(ii) The death of the covered employee;
(iii) The 3-year anniversary of the final decree of divorce or legal separation; or
(iv) Such earlier time as provided by said decree];
4 Continuation of Coverage; Divorce or Legal Separation. Amend RSA 415:18, XVI(g)(2) to read as follows:
(2) Where the employee’s spouse is also covered by the group plan, and there is a divorce or legal separation, the employee shall notify the employer of the divorce or separation within 30 days, and shall provide the employer and carrier with the employee’s spouse’s mailing address. In case of a divorce or legal separation, the carrier shall provide a separate notice of the right to continue to the divorced or separated spouse. The divorced or separated spouse may elect to continue coverage [pursuant to this section] by notifying the carrier within 45 days of the date of the notice and remitting the premium payment. [The notice and election provisions of this paragraph shall also apply if the divorced or legally separated spouse of the employee has been covered pursuant to RSA 415:18, VII-b, upon the occurrence of any of the following events:
(A) The remarriage of the employee;
(B) The death of the employee;
(C) The 3-year anniversary of the final decree of divorce or legal separation; or
(D) Such earlier time as provided by the final decree of divorce or legal separation.]
5 Continuation of Coverage; Divorce or Legal Separation. Amend RSA 415:18, XVI(g)(4) to read as follows:
(4) Where an individual declines the right to continue coverage [pursuant to this section], waiver shall be made by an affirmative means of declination, including but not limited to written declination of continuation coverage or electronic contact to the employer or plan administrator. An individual shall have the right to revoke the notice of declaration anytime within the specified election period.
6 Continuation of Coverage; Divorce or Legal Separation. Amend the introductory paragraph of RSA 415:18, XVI(h) to read as follows:
(h) End of Continuation Coverage. Nothing in this paragraph shall require a carrier to continue coverage [pursuant to this section] beyond:
7 Health Service Corporations; Reference Deletion. Amend RSA 420-A:2 to read as follows:
420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:18, V, RSA 415:18, VII(g), RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:18-o, [RSA 415:18-u,] RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.
8 Health Maintenance Organizations. Amend RSA 420-B:20, III to read as follows:
III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:18, VII(g), RSA 415:18, VII-a, RSA 415:18-j, [RSA 415:18-u,] RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.
9 Repeal. The following are repealed:
I. RSA 415:18, VII-b, relative to continuation of coverage relative to divorce or legal separation under group or blanket policies.
II. RSA 415:6-l, relative to coverage for certified midwives; individual.
III. RSA 415:18-q, relative to coverage for certified midwives; group.
IV. RSA 420-A:17-f, relative to coverage for certified midwives; health service corporations.
V. RSA 420-B:8-p, relative to coverage for certified midwives; health maintenance organizations.
VI. RSA 415:6-m, relative to coverage for the cost of testing for bone marrow donation; individual.
VII. RSA 415:18-r, relative to coverage for the cost of testing for bone marrow donation; group.
VIII. RSA 415:6-n, relative to coverage for children’s early intervention therapy services; individual.
IX. RSA 415:18-s, relative to coverage for children’s early intervention services; group.
X. RSA 420-A:17-g, relative to coverage for children’s early intervention services; health service corporations.
XI. RSA 420-B:8-r, coverage for children’s early intervention services; health maintenance organizations.
XII. RSA 415:6-o, relative to coverage for obesity and morbid obesity; individual.
XIII. 415:18-t, relative to coverage for obesity and morbid obesity; group.
XIV. RSA 417-E:2, relative to coverage for treatment of pervasive developmental disorder or autism.
XV. RSA 415:6-p, relative to coverage for hearing aids.
XVI. RSA 415:18-u, relative to coverage for hearing aids.
10 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0787
Revised 02/10/11
HB 309 FISCAL NOTE
AN ACT repealing certain insurance mandates.
FISCAL IMPACT:
The Insurance Department states this bill will have an indeterminable fiscal impact on state general fund revenue, and county and local expenditures in FY 2011 and each year thereafter. The New Hampshire Association of Counties states this bill may decrease county expenditures by an indeterminable amount in FY 2011 and each year thereafter. The New Hampshire Municipal Association states this bill may decrease local expenditures by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on state expenditures, or county and local revenue.
METHODOLOGY:
The Insurance Department states this bill repeals all state mandated benefits that are not included as federally defined essential benefits. The Department states the State of New Hampshire employee benefit plan is not subject to the insurance mandates because the State is self-insured, therefore no fiscal impact on state expenditures. The Department further indicates the fiscal impact of this bill on state general fund revenue and on county and local expenditures can not be determined.
The New Hampshire Association of Counties states to the extent county health insurance provider contracts included mandate coverage being repealed by this bill, county expenditures may decrease by an indeterminable amount.
The New Hampshire Municipal Association states to the extent eliminating mandatory coverage affects insurance rates, there may be an indeterminable decrease on municipal expenditures.
