reglab/housing_qa huggingface dataset:
NH Rev Stat § 404-D:18 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-D - New Hampshire Life and Health Insurance Guaranty Association|Section 404-D:18 - Stay of Proceedings; Reopening Default Judgments.

    404-D:18 Stay of Proceedings;  Reopening Default Judgments. –||All proceedings in which the impaired insurer is a party in any court in this state shall be stayed 60 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict, or finding based on default the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits.|||Source. 1971, 509:1, eff. Sept. 4, 1971.|
NH Rev Stat § 404-F:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:5 - Authorized Control Level Event.

    404-F:5 Authorized Control Level Event. –||I. "Authorized control level event" means any of the following events:||(a) The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC;||(b) The notification by the commissioner to the insurer of an adjusted RBC report that indicates the event in subparagraph (a), provided the insurer does not challenge the adjusted RBC report under RSA 404-F:7;||(c) If, pursuant to RSA 404-F:7, the insurer challenges an adjusted RBC report that indicates the event in subparagraph (a), notification by the commissioner to the insurer that the commissioner has, after a hearing, rejected the insurer's challenge;||(d) The failure of the insurer to respond, in a manner satisfactory to the commissioner, to a corrective order, provided the insurer has not challenged the corrective order under RSA 404-F:7; or||(e) If the insurer has challenged a corrective order under RSA 404-F:7 and the commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the commissioner, to the corrective order subsequent to rejection or modification by the commissioner.||II. In the event of an authorized control level event with respect to an insurer, the commissioner shall:||(a) Take such actions as are required under RSA 404-F:4 regarding an insurer with respect to which a regulatory action level event has occurred; or||(b) If the commissioner deems it to be in the best interests of the policyholders and creditors of the insurer and of the public, take such actions as are necessary to cause the insurer to be placed under regulatory control under RSA 402-C. In the event the commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the commissioner to take action under RSA 402-C, and the commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in RSA 402-C. In the event the commissioner takes actions under this paragraph pursuant to an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of RSA 402-C:11-14 pertaining to summary proceedings.|||Source. 1995, 113:1, eff. July 15, 1995.|
NH Rev Stat § 404-F:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:6 - Mandatory Control Level Event.

    404-F:6 Mandatory Control Level Event. –||I. "Mandatory control level event" means any of the following events:||(a) The filing of an RBC report which indicates that the insurer's total adjusted capital is less than its mandatory control level RBC;||(b) Notification by the commissioner to the insurer of an adjusted RBC report that indicates the event in subparagraph (a), provided the insurer does not challenge the adjusted RBC report under RSA 404-F:7; or||(c) If, pursuant to RSA 404-F:7, the insurer challenges an adjusted RBC report that indicates the event in subparagraph (a), notification by the commissioner to the insurer that the commissioner has, after a hearing, rejected the insurer's challenge.||II. In the event of a mandatory control level event:||(a) With respect to a life and/or health insurer or health organization, the commissioner shall take such actions as are necessary to place the insurer under regulatory control under RSA 402-C. In that event, the mandatory control level event shall be deemed sufficient grounds for the commissioner to take action under RSA 402-C, and the commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in RSA 402-C. If the commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of RSA 402-C:11-14 pertaining to summary proceedings. Notwithstanding any of the foregoing, the commissioner may forego action for up to 90 days after the mandatory control level event if the commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90-day period.||(b) With respect to a property and casualty insurer, the commissioner shall take such actions as are necessary to place the insurer under regulatory control under RSA 402-C, or, in the case of an insurer which is writing no business and which is running-off its existing business, may allow the insurer to continue its runoff under the supervision of the commissioner. In either event, the mandatory control level event shall be deemed sufficient grounds for the commissioner to take action under RSA 402-C and the commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in RSA 402-C. If the commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of RSA 402-C:11-14 pertaining to summary proceedings. Notwithstanding any of the foregoing, the commissioner may forego action for up to 90 days after the mandatory control level event if the commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90-day period.|||Source. 1995, 113:1. 2000, 207:4, eff. July 29, 2000. 2019, 183:5, eff. Sept. 8, 2019.|
NH Rev Stat § 404-F:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:7 - Hearings.

    404-F:7 Hearings. –||Upon:||I. Notification to an insurer by the commissioner of an adjusted RBC report; or||II. Notification to an insurer by the commissioner that:||(a) The insurer's RBC plan or revised RBC plan is unsatisfactory; and||(b) Such notification constitutes a regulatory action level event with respect to such insurer; or||III. Notification to any insurer by the commissioner that the insurer has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or||IV. Notification to an insurer by the commissioner of a corrective order with respect to the insurer,||the insurer shall have the right to a confidential departmental hearing, on the record, at which the insurer may challenge any determination or action by the commissioner. The insurer shall notify the commissioner of its request for a hearing within 5 days after the notification by the commissioner under paragraph I, II, III, or IV. Upon receipt of the insurer's request for a hearing, the commissioner shall set a date for the hearing, which date shall be no less than 10 nor more than 30 days after the date of the insurer's request.|||Source. 1995, 113:1, eff. July 15, 1995.|
NH Rev Stat § 404-F:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:9 - Supplemental Provisions; Rules; Exemption.

    404-F:9 Supplemental Provisions;  Rules;  Exemption. –||I. The provisions of this chapter are supplemental to any other provisions of the laws of this state, and shall not preclude or limit any other powers or duties of the commissioner under such laws, including, but not limited to, RSA 402-C.||II. The commissioner may adopt reasonable rules, under RSA 541-A, necessary for the implementation of this chapter.||III. The commissioner may exempt from the application of this chapter any domestic property and casualty insurer which:||(a) Writes direct business only in this state;||(b) Writes direct annual premium of $2,000,000 or less; and||(c) Assumes no reinsurance in excess of 5 percent of direct premium written.|||Source. 1995, 113:1, eff. July 15, 1995.|
NH Rev Stat § 404-F:10 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:10 - Foreign Insurers.

    404-F:10 Foreign Insurers. –||I. Any foreign insurer shall, upon the written request of the commissioner, submit to the commissioner an RBC report as of the end of the calendar year just ended the later of:||(a) The date an RBC report would be required to be filed by a domestic insurer under this chapter; or||(b) Fifteen days after the request is received by the foreign insurer. Any foreign insurer shall, at the written request of the commissioner, promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.||II. In the event of a company action level event, regulatory action level event, or authorized control level event with respect to any foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer or, if no RBC statute is in force in that state, under the provisions of this chapter, if the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state's RBC statute, or, if no RBC statute is in force in that state, under RSA 404-F:3, the commissioner may require the foreign insurer to file an RBC plan with the commissioner. In such event, the failure of the foreign insurer to file an RBC plan with the commissioner shall be grounds to order the insurer to cease and desist from writing new insurance business in this state.||III. In the event of a mandatory control level event with respect to any foreign insurer, if no domiciliary receiver has been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer, the commissioner may make application to the superior court permitted under RSA 402-C with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event shall be considered adequate grounds for the application.|||Source. 1995, 113:1, eff. July 15, 1995.|
NH Rev Stat § 404-F:11 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:11 - Immunity.

    404-F:11 Immunity. –||There shall be no liability on the part of, and no cause of action shall arise against, the commissioner or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.|||Source. 1995, 113:1, eff. July 15, 1995.|
NH Rev Stat § 404-F:12 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:12 - Severability Clause.

    404-F:12 Severability Clause. –||If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable.|||Source. 1995, 113:1, eff. July 15, 1995.|
NH Rev Stat § 404-F:13 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:13 - Notices.

    404-F:13 Notices. –||All notices by the commissioner to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the insurer's receipt of such notice.|||Source. 1995, 113:1, eff. July 15, 1995.|
NH Rev Stat § 404-F:14 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-F - Risk-Based Capital (Rbc) for Insurers|Section 404-F:14 - Phase-in Provision.

    404-F:14 Phase-in Provision. –||I. For RBC reports required to be filed by life insurers with respect to 1993, the following requirements shall apply in lieu of the provisions of RSA 404-F:3, 4, 5, and 6:||(a) In the event of a company action level event with respect to a domestic insurer, the commissioner shall take no regulatory action hereunder.||(b) In the event of a regulatory action level event under RSA 404-F:4, I(a), (b), or (c) the commissioner shall take the actions required under RSA 404-F:3.||(c) In the event of a regulatory action level event under RSA 404-F:4, I(d), (e), (f), (g), (h), or (i) or an authorized control level event, the commissioner shall take the actions required under RSA 404-F:4 with respect to the insurer.||(d) In the event of a mandatory control level event with respect to an insurer, the commissioner shall take the actions required under RSA 404-F:5 with respect to the insurer.||II. For RBC reports required to be filed by property and casualty insurers with respect to 1994, the following requirements shall apply in lieu of the provision of RSA 404-F:3, 4, 5, and 6:||(a) In the event of a company action level event with respect to a domestic insurer, the commissioner shall take no regulatory action hereunder.||(b) In the event of a regulatory action level event under RSA 404-F:4, I(a), (b), or (c) the commissioner shall take the actions required under RSA 404-F:3.||(c) In the event of a regulatory action level event under RSA 404-F:4, I(d), (e), (f), (g), (h), or (i) or an authorized control level event, the commissioner shall take the actions required under RSA 404-F:4 with respect to the insurer.||(d) In the event of a mandatory control level event with respect to an insurer, the commissioner shall take the actions required under RSA 404-F:5 with respect to the insurer.||III. For RBC reports required to be filed by health organizations with respect to 1999, the following requirements shall apply in lieu of the provisions of RSA 404-F:3, 4, 5, and 6:||(a) In the event of a company action level event with respect to a health organization, the commissioner shall take no regulatory action hereunder.||(b) In the event of a regulatory action level event under RSA 404-F:4, I, (a), (b), or (c) the commissioner shall take the actions required under RSA 404-F:3.||(c) In the event of a regulatory action level event under RSA 404-F:4, I, (d), (e), (f), (g), (h), or (i) or an authorized control level event, the commissioner shall take the actions required under RSA 404-F:4 with respect to the health organization.||(d) In the event of a mandatory control level event with respect to an insurer, the commissioner shall take the actions required under RSA 404-F:5 with respect to the health organization.|||Source. 1995, 113:1. 2000, 207:5, eff. July 29, 2000.|
NH Rev Stat § 404-G:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:1 - Purpose of Provisions.

    404-G:1 Purpose of Provisions. –||The purpose of this chapter is to:||I. Protect the citizens of this state who participate in the individual health insurance market by providing a mechanism to equitably distribute the excessive risk sometimes associated with this market and to enable insurers to better protect against the costs of covering high risk individuals.||II. Create a nonprofit, voluntary organization to facilitate the availability of affordable individual nongroup health insurance by establishing an assessment mechanism and an individual health insurance market mandatory risk sharing plan as a mechanism to distribute the risks associated within the individual nongroup market and to support the New Hampshire granite advantage health care program established in RSA 126-AA.||III. Establish a high risk pool that will provide access to health insurance to all residents of the state who are denied health insurance for medical or health reasons. The premiums charged for coverage in the high risk pool shall be affordable and the coverage provided shall be reasonably comprehensive and comparable to coverage available outside of the high risk pool. It is the intent of the legislature that the high risk pool shall be adequately funded through an annual, and if necessary, a special assessment mechanism, that the high risk pool shall utilize cost containment measures, including, but not limited to, providing network based coverage, and that measures shall be taken to avoid inappropriate shifting of costs and risk to the high risk pool.||IV. Authorize the association to establish a federally qualified high risk pool pursuant to section 1101 of the Patient Protection and Affordable Care Act of 2009 (PL 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (PL 111-152).|||Source. 1998, 340:6. 2001, 295:4. 2010, 243:2. 2016, 13:7, eff. Apr. 5, 2016. 2018, 342:15, eff. Dec. 31, 2018.|
NH Rev Stat § 404-G:1-a (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:1-a - Study and Biannual Report.

    404-G:1-a Study and Biannual Report. –|| The commissioner shall evaluate the impact and effectiveness of RSA 404-G in effectuating the principles outlined in RSA 404-G:1, III. This review shall be based on data collected from carriers in the individual market and from the association, including but not limited to the following data elements: data on premiums and carrier profitability, carriers entering or exiting the market, products being sold, basis for high risk pool eligibility, and overall denial rate. The study shall be completed within 6 months of the availability of data on the first 2 years of operation of the high risk pool. Upon completion of the study, the commissioner shall make an initial report relative to the findings of the study to the governor, the president of the senate and the speaker of the house of representatives and shall make biannual reports to such persons thereafter.|||Source. 2001, 295:15, eff. July 1, 2001.|
NH Rev Stat § 404-G:4-a (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:4-a - Report Required.

    404-G:4-a Report Required. –||The association shall submit an annual report to the commissioner, in a manner and form determined by the commissioner, listing the association membership base, providing a count of covered lives by member, identifying changes in association membership and covered lives, describing the collection of assessments, listing payment delinquencies, and containing such other related information as the commissioner may require.|||Source. 2008, 375:5, eff. July 1, 2008.|
NH Rev Stat § 404-G:5-d (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:5-d - Premiums.

    404-G:5-d Premiums. –||I. Premiums charged for the policies issued by the plan shall be based on the standard risk rate calculated pursuant to paragraph II of this section.||II. The standard risk rate shall be calculated using the average rate, based on the lowest allowable health status factor, for health benefit plans or policies which are presently available in New Hampshire and adjusted for the difference in the actuarial value of the pool's plans relative to these available plans using the factors derived pursuant to RSA 404-G:5-a, II.||III. Premium rates for coverage under the plan may not be less than 125 percent and may not exceed 150 percent of the standard risk rate pursuant to paragraph II of this section. The association shall charge high risk pool enrollees a premium charge based on the average rate for the plan adjusted for the attained age of the high risk pool enrollee. The adjustment for attained age shall conform to the provisions of RSA 420-G.||IV. All premium rates and rate schedules shall be submitted to the commissioner for approval.|||Source. 2001, 295:10, eff. July 1, 2001.|
NH Rev Stat § 404-G:5-f (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 404-G - Individual Health Insurance Market|Section 404-G:5-f - Application of Provisions of the Insurance Code.

    404-G:5-f Application of Provisions of the Insurance Code. –||I. The pool shall be subject to examination and regulation by the insurance department.||II. All the provisions of title 37 shall apply to the pool to the extent applicable and not inconsistent with the express provisions of this chapter, except for the following: RSA 400-A:29, RSA 400-A:31 through 400-A:35, RSA 404-B, RSA 404-D, RSA 404-H, RSA 408-B, and RSA 420-K. For the purposes of this chapter, the pool shall be deemed an insurer, pool coverage shall be deemed individual health insurance, and pool coverage contracts shall be deemed policies.|||Source. 2001, 295:10. 2002, 207:43. 2007, 255:10, eff. Jan. 1, 2008.|