reglab/housing_qa huggingface dataset:
NH Rev Stat § 402-M:4 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-M - Administrative Supervision|Section 402-M:4 - Confidentiality of Certain Proceedings and Records.

    402-M:4 Confidentiality of Certain Proceedings and Records. –||I. Except as set forth in this section, all administrative and judicial proceedings arising under this chapter shall be held privately unless a public hearing is requested by the insurer, and all proceedings, hearing, notices, correspondence, reports, orders, records, and other information in the possession of the commissioner or the department relating to the supervision of any insurer are confidential and shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the commissioner's official duties.||II. The personnel of the department shall have access to these proceedings, hearings, notices, correspondence, reports, orders, records, or information as permitted by the commissioner. Neither the commissioner nor any person who receive documents, materials, or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to paragraph I.||III. The commissioner may share the notices, correspondence, reports, orders, records, or information with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners (NAIC) and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities if the commissioner determines that the disclosure is necessary or proper for the enforcement of the laws of this or another state of the United States; provided, that the recipient agrees to maintain the confidentiality of the documents, material, or other information. No waiver of any applicable privilege or claim of confidentiality shall occur as a result of the sharing of documents, materials, or other information pursuant to this paragraph.||IV. This section shall not apply to proceedings under RSA 402-C or to hearings, notices, correspondence, reports, orders, records, or other information obtained upon the appointment of a receiver for the insurer by a court of competent jurisdiction.|||Source. 2016, 17:1, eff. Jan. 1, 2017.|
NH Rev Stat § 402-M:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-M - Administrative Supervision|Section 402-M:5 - Authority of Administrative Supervisor.

    402-M:5 Authority of Administrative Supervisor. –||I. During the period of supervision, the commissioner, or designee, shall serve as the administrative supervisor. If the commissioner appoints a designee to serve as administrative supervisor, then such person shall have all of the powers of the commissioner granted under this section and shall be considered a state officer or official under RSA 99-D. The commissioner may impose operating restrictions or requirements on the insurer during the period of administrative supervision which are deemed necessary for the protection of policyholders or the general public. The commissioner may order the insurer to:||(a) Reduce the total amount of present and potential liability for policy benefits by reinsurance;||(b) Reduce, suspend, or limit the volume of business being accepted or renewed;||(c) Reduce general insurance and commission expenses by specified methods;||(d) Increase the insurer's capital and surplus;||(e) Suspend or limit the declaration and payment of dividends by an insurer to its stockholders or to its policyholders;||(f) File reports in a form acceptable to the commissioner concerning the market value of an insurer's assets;||(g) Limit or withdraw from certain investments or discontinue certain investment practices to the extent the commissioner deems necessary;||(h) Document the adequacy of premium rates in relation to the risks insured;||(i) File, in addition to regular annual statements, interim financial reports on the form adopted by the NAIC or in such format as adopted by the commissioner; or||(j) Cease from engaging in certain business practices which are illegal or which the administrative supervisor deems harmful to policyholders or the general public.||II. In addition to the provisions of paragraph I, the commissioner may prohibit the insurer from engaging in any of the following acts during the period of supervision without the prior approval of the administrative supervisor:||(a) Dispose of, convey, or encumber any of its assets or its business in force;||(b) Withdraw any funds from its bank accounts;||(c) Lend any of its funds;||(d) Invest any of its funds;||(e) Transfer any of its property;||(f) Incur any debt, obligation, or liability;||(g) Merge or consolidate with any company;||(h) Approve new premiums or renew any policies;||(i) Enter into any new reinsurance contract or treaty;||(j) Terminate, surrender, forfeit, convert, or lapse any insurance policy, certificate, or contract, except for nonpayment of premiums due;||(k) Release, pay, or refund premium deposits, accrued cash or loan values, unearned premiums, or other reserves on any insurance policy, certificate, or contract;||(l) Make any material change in management; or||(m) Increase salaries and benefits of officers or directors or the preferential payment of bonuses, dividends, or other payments deemed preferential.|||Source. 2016, 17:1, eff. Jan. 1, 2017.|
NH Rev Stat § 402-M:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-M - Administrative Supervision|Section 402-M:6 - Extension of, or Early Release From, Supervision.

    402-M:6 Extension of, or Early Release From, Supervision. –||I. If placed under administrative supervision by an order issued pursuant to RSA 402-M:3, the commissioner shall release the insurer from the supervision order prior to the end of the specified supervision period upon finding that the abatement requirements listed in the order have been met.||II. If the commissioner determines that the conditions giving rise to the supervision still exist at the end of the supervision period specified in the order, the commissioner may seek consent from the insurer to amend the agreed order extending the supervision period.|||Source. 2016, 17:1, eff. Jan. 1, 2017.|
NH Rev Stat § 402-M:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-M - Administrative Supervision|Section 402-M:7 - Judicial Review.

    402-M:7 Judicial Review. –||An insurer placed under administrative supervision by the commissioner may contest any action taken pursuant to the agreed supervision order at any time during the supervision by requesting review by the superior court for Merrimack county. The court shall review the action complained of in a closed hearing and render its decision at the earliest possible date thereafter. The court may stay any action of the commissioner, pending its review of such petition. Notwithstanding the foregoing, filing of a petition for review of such action shall not automatically stay the commissioner's action, or any of the provisions of the supervision order.|||Source. 2016, 17:1, eff. Jan. 1, 2017.|
NH Rev Stat § 402-M:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-M - Administrative Supervision|Section 402-M:8 - Administrative Election of Proceedings.

    402-M:8 Administrative Election of Proceedings. –||Nothing contained in this chapter shall preclude the commissioner from initiating any proceeding under RSA 402-C, including any judicial proceedings to place an insurer in conservation, rehabilitation, or liquidation proceedings or other delinquency proceedings, however designated under the laws of this state, regardless of whether the commissioner has previously initiated administrative supervision proceedings under this chapter against the insurer.|||Source. 2016, 17:1, eff. Jan. 1, 2017.|
NH Rev Stat § 402-M:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-M - Administrative Supervision|Section 402-M:9 - Rules.

    402-M:9 Rules. –||The commissioner may adopt rules, pursuant to RSA 541-A, as necessary for the purposes of this chapter.|||Source. 2016, 17:1, eff. Jan. 1, 2017.|
NH Rev Stat § 402-M:10 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-M - Administrative Supervision|Section 402-M:10 - Other Laws; Conflicts; Meetings Between the Commissioner and the Supervisor.

    402-M:10 Other Laws;  Conflicts;  Meetings Between the Commissioner and the Supervisor. –||The commissioner may meet with a supervisor appointed under this chapter and with the attorney or other representative of the supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding held under authority of this chapter to carry out the commissioner's duties under this chapter or for the supervisor to carry out his or her duties under this chapter.|||Source. 2016, 17:1, eff. Jan. 1, 2017.|
NH Rev Stat § 402-M:11 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-M - Administrative Supervision|Section 402-M:11 - Immunity.

    402-M:11 Immunity. –||There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or the department or their employees, agents, consultants, or counsel for any action taken by them that is within the scope of their powers and duties under this chapter and that is performed in good faith and not in a wanton or reckless manner.|||Source. 2016, 17:1, eff. Jan. 1, 2017.|
NH Rev Stat § 402-N:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:1 - Definitions.

    402-N:1 Definitions. –||In this chapter:||I. "Claims processing services" means the administrative services performed in connection with the processing and adjudicating of claims relating to pharmacist services that include:||(a) Receiving payments for pharmacist services.||(b) Making payments to pharmacists or pharmacies for pharmacist services.||II. "Commissioner" means the commissioner of the insurance department.||III. "Health carrier" means "health carrier" as defined in RSA 420-J:3, XXIII.||IV. "Health benefit plan" means "health benefit plan" as defined in RSA 420-J:3, XIX.||V. "Pharmacist" means an individual licensed as a pharmacist by the pharmacy board.||VI. "Pharmacist services" means products, goods, and services, or any combination of products, goods, and services, provided as a part of the practice of pharmacy.||VII. "Pharmacy" means the place licensed by the pharmacy board in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail.||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, that, pursuant to a contract with a health carrier, manages the prescription drug coverage provided by the health carrier, 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;||(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.||IX. "Rebate" means a discount or price concession attributable to the utilization of a prescription drug that is paid by the pharmaceutical manufacturer of the drug directly to a pharmacy benefits manager or health carrier after the pharmacy benefits manager or health carrier processes a claim from a pharmacy for a prescription drug manufactured by such pharmaceutical manufacturer. "Rebate" shall not include bona fide service fees, administrative fees, or any other amount which does not qualify as a rebate under this paragraph.|||Source. 2019, 320:2, eff. Jan. 1, 2020.|
NH Rev Stat § 402-N:2 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:2 - Registration to do Business; Rulemaking; Penalties.

    402-N:2 Registration to do Business;  Rulemaking;  Penalties. –||I. A person or organization shall not establish or operate as a pharmacy benefits manager in this state for health benefit plans without registering with the insurance commissioner under this chapter.||II. The commissioner shall adopt rules pursuant to RSA 541-A relative to:||(a) Prescribing the application format for registration as a pharmacy benefits manager, including a requirement to submit the registrant's corporate charter, articles of incorporation, or other formation documents.||(b) Establishing application fees and renewal fees, not to exceed $500 per year.||(c) Delineating procedures for handling consumer complaints and coordinating with the department's consumer services unit, including supplying designated contact information to enable the department to reach the pharmacy benefits manager regarding consumer complaints.||III. If the commissioner finds after notice and hearing that any person has violated any provision of this chapter, or rules adopted pursuant to this chapter, the commissioner may order:||(a) For each separate violation, a penalty in the amount of $2,500.||(b) Revocation or suspension of the pharmacy benefits manager registration.|||Source. 2019, 320:2, eff. Jan. 1, 2020.|
NH Rev Stat § 402-N:3 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:3 - Provider Contract Standards for Pharmacy Benefit Managers.

    402-N:3 Provider Contract Standards for Pharmacy Benefit Managers. –||I. All contracts between a carrier or pharmacy benefit manager and a contracted pharmacy shall include:||(a) 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.||(b) A process to appeal, investigate, and resolve disputes regarding the maximum allowable cost pricing. The process shall include the following provisions:||(1) A provision granting the contracted pharmacy or pharmacist at least 30 business days following the initial claim to file an appeal;||(2) A provision requiring the carrier or pharmacy benefit manager to investigate and resolve the appeal within 30 business days;||(3) A provision requiring that, if the appeal is denied, the carrier or pharmacy benefit manager shall:||(A) Provide the reason for the denial; and||(B) 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||(4) A provision requiring that, if an appeal is granted, the carrier or pharmacy benefits manager shall within 30 business days after granting the appeal:||(A) Make the change in the maximum allowable cost; and||(B) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question.||II. For every drug for which the pharmacy benefit manager establishes a maximum allowable cost to determine the drug product reimbursement, the pharmacy benefit manager shall:||(a) Include in the contract with the pharmacy information identifying the national drug pricing compendia or sources used to obtain the drug price data.||(b) Make available to a contracted pharmacy the actual maximum allowable cost for each drug.||(c) Review and make necessary adjustments to the maximum allowable cost for every drug for which the price has changed at least every 14 days.||III. [Repealed.]|||Source. 2019, 320:2, eff. Jan. 1, 2020; 320:7, eff. June 30, 2020.|
NH Rev Stat § 402-N:4 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:4 - Prescription Drugs.

    402-N:4 Prescription Drugs. –||I. A pharmacy benefits manager or insurer shall require a contracted pharmacy to charge an enrollee or insured person the pharmacy's usual and customary price of filling the prescription or the contracted copayment, whichever is less.||II. Once it has settled a claim for filling a prescription for an enrollee or insured person and notified the pharmacy of the amount the pharmacy benefits manager or insurer shall pay to the pharmacy for that prescription, the pharmacy benefits manager or insurer shall not lower the amount to be paid to the pharmacy by the pharmacy benefits manager or the insurer for such settled claim; provided, however, that this paragraph shall not apply if the claim was submitted fraudulently or with inaccurate or misrepresented information.|||Source. 2019, 320:2, eff. Jan. 1, 2020.|
NH Rev Stat § 402-N:4-a (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:4-a - Prohibited Acts.

    402-N:4-a Prohibited Acts. –||A pharmacy benefit manager shall not, either directly or indirectly:||I. Prohibit an in-network retail pharmacy from:||(a) Mailing or delivering a prescription drug to an enrollee as an ancillary service of the in-network retail pharmacy provided that confirmation of delivery is obtained.||(b) Charging a shipping or handling surcharge to an enrollee who requests that the in-network retail pharmacy mail or deliver a prescription drug to the enrollee as an ancillary service provided the enrollee receives a disclosure from the in-network retail pharmacy regarding any surcharge to be charged to the patient for the delivery of a prescription drug, including that the surcharge may not be reimbursable by the plan sponsor or pharmacy benefit manager.||(c) Offering the ancillary services described in subparagraph I(a) to an enrollee.||II. Charge an enrollee who uses an in-network retail pharmacy that offers to mail or deliver a prescription drug to an enrollee as an ancillary service a surcharge for the delivery of a prescription drug or copayment that is higher than the surcharge or copayment the enrollee would pay if the enrollee used an in-network retail pharmacy that does not offer to mail or deliver a prescription drug to an enrollee as an ancillary service.||III. For purposes of this section, a retail pharmacy shall not include a "mail-order pharmacy" as defined in RSA 318:1, VII-b.|||Source. 2021, 149:1, eff. Sept. 21, 2021.|
NH Rev Stat § 402-N:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:5 - Complaints Relative to Pharmacy Benefit Managers.

    402-N:5 Complaints Relative to Pharmacy Benefit Managers. –||I. Consumers may file a complaint related to a registered pharmacy benefit manager pursuant to RSA 400-A:15-e.||II. The commissioner shall adopt rules, pursuant to RSA 541-A, to implement paragraph I. Such rules shall include procedures for addressing complaints, provisions for enforcement, the receipt of complaints referred to the insurance department under RSA 318:47-h, III(b), and for reporting to the board of pharmacy on the status of complaints referred.|||Source. 2019, 320:2, eff. Jan. 1, 2020. 2021, 56:5, eff. July 24, 2021.|
NH Rev Stat § 402-N:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:6 - Pharmacy Benefits Manager Reporting.

    402-N:6 Pharmacy Benefits Manager Reporting. –||I. Each pharmacy benefits manager shall submit an annual report to the commissioner containing a list of health benefit plans it administered, and the aggregate amount of all rebates it collected from pharmaceutical manufacturers that were attributable to patient utilization in the state of New Hampshire during the prior calendar year.||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 insurer or pharmacy benefit manager.|||Source. 2019, 320:2, eff. Jan. 1, 2020.|
NH Rev Stat § 402-N:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:7 - Authority to Examine and Directly Bill Pharmacy Benefits Managers for Certain Examinations.

    402-N:7 Authority to Examine and Directly Bill Pharmacy Benefits Managers for Certain Examinations. –||The commissioner may examine and directly bill a pharmacy benefits manager required to be registered under this chapter for the costs of any examination pursuant to RSA 400-A:37 as necessary to determine and enforce compliance with this chapter. In addition, if the commissioner finds through an investigation or examination that a carrier has not received information required under RSA 420-J:7-b, XI from a pharmacy benefit manager, the commissioner may require that the pharmacy benefit manager provide the required information, and the commissioner may investigate or examine and directly bill the pharmacy benefit manager for the cost of any portion of the examination or investigation pertaining to obtaining the required information.|||Source. 2019, 320:2, eff. Jan. 1, 2020.|
NH Rev Stat § 402-N:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:8 - Non-Exclusivity.

    402-N:8 Non-Exclusivity. –||Nothing in this chapter shall be interpreted to invalidate or render inapplicable any other provision of Title XXXVII that is otherwise applicable to an entity that qualifies as a pharmacy benefit manager under this chapter.|||Source. 2019, 320:2, eff. Jan. 1, 2020.|
NH Rev Stat § 402-N:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-N - Pharmacy Benefits Managers|Section 402-N:9 - Severability.

    402-N:9 Severability. –||If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application, and to this end, the provisions of this chapter are declared severable.|||Source. 2019, 320:2, eff. Jan. 1, 2020.|