reglab/housing_qa huggingface dataset:
NH Rev Stat § 415-D:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:1 - Purpose.

    415-D:1 Purpose. –||The purpose of this chapter is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applications for long-term care insurance, as defined, from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies, and to facilitate flexibility and innovation in the development of long-term care insurance coverage.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-D:2 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:2 - Scope.

    415-D:2 Scope. –||The requirements of this chapter shall apply to policies and group insurance certificates delivered or issued for delivery in this state on or after January 1, 1990. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable insurance laws insofar as such laws do not conflict with this chapter, except that laws and administrative rules designed and intended to apply to Medicare supplement insurance policies shall not be applied to long-term care insurance.|||Source. 2003, 180:1, Aug. 23, 2003.|
NH Rev Stat § 415-D:4 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:4 - Extraterritorial Jurisdiction-Group Long-Term Care Insurance.

    415-D:4 Extraterritorial Jurisdiction-Group Long-Term Care Insurance. –||No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in RSA 415-D:3, IV(d), unless approved by this state.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-D:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:6 - Cancellation of Insurance; Conversion.

    415-D:6 Cancellation of Insurance;  Conversion. –||I. An individual long-term care insurance policy shall not be cancelled, refused renewal, or otherwise terminated by the insurer, except where the required premium has not been paid by or on behalf of the insured; however, this shall not restrict or limit the insurer's right to rescind or revise a policy in the event of fraud or misrepresentation during the contestable period.||II. If a group policy is cancelled, refused renewal or terminated by either the insurer or the policyholder, each certificate holder shall be entitled to have issued to him or her an individual policy or replacement group certificate of insurance providing benefits equivalent to those enjoyed by the certificate holder under the group policy from which conversion is made. Such policy or certificate shall be issued by the insurer without evidence of insurability, provided the certificate holder makes application for the policy and pays the monthly premium within 30 days after receiving written notice of such cancellation, refusal to renew, or termination. No long-term care insurance policy or certificate shall contain a provision establishing a new waiting period in the event existing coverage is converted to or replaced by a new form or another form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder.||III. Unless the group policy from which conversion is made replaces previous group coverage, the premium for the converted policy shall be calculated on the basis of the insured's age at inception of coverage under the group policy from which conversion is made. If the group policy from which conversion is made replaces previous group coverage, the premium for the converted policy shall be calculated on the basis of the insured's age at inception of coverage under the group policy replaced.||IV. Notwithstanding any other provision of this section, any insured individual whose eligibility for group long-term care coverage is based upon that person's relationship to another person, shall be entitled to continuation of coverage under the group policy upon termination of the qualifying relationship by death or dissolution of marriage.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-D:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:7 - Right to Return; Free Look.

    415-D:7 Right to Return;  Free Look. –||Long-term care insurance applicants shall have the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Long-term care insurance policies and certificates shall have the notice prominently printed on the first page or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. This paragraph shall also apply to denials of applications and any refund shall be made within 30 days of the return or denial.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-D:9 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:9 - Incontestability Period.

    415-D:9 Incontestability Period. –||I. For a policy or certificate that has been in force for less than 6 months, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is material to the acceptance for coverage.||II. For a policy or certificate that has been in force for at least 6 months but less than 2-years, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and which pertains to the condition for which benefits are sought.||III. After a policy or certificate has been in force for 2 years, it is not contestable upon the grounds of misrepresentation alone; such policy or certificate may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health.||IV. No long-term care insurance policy or certificate may be field issued based on medical or health status. For purposes of this section, "field issued" means a policy or certificate issued by an agent or a third party administrator pursuant to the underwriting authority granted to the agent or third party administrator by an insurer.||V. If an insurer has paid benefits under the long-term care insurance policy or certificate, the benefit payments may not be recovered by the insurer in the event that the policy or certificate is rescinded.||VI. In the event of the death of the insured, this section shall not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care. In this situation, the remaining death benefits under these policies shall be governed by RSA 408:10. In all other situations, this section shall apply to life insurance policies that accelerate benefits for long-term care.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-D:10 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:10 - Nonforfeiture Benefits.

    415-D:10 Nonforfeiture Benefits. –||I. Except as provided in paragraph II, a long-term care insurance policy shall not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates.||II. When a group long-term care insurance policy is issued, the offer required in paragraph I shall be made to the group policyholder. However, if the policy is issued as group long-term care insurance as defined in RSA 415-D:3, IV(d), other than to a continuing care retirement community or other similar entity, the offering shall be made to each proposed certificate holder.||III. The commissioner shall promulgate regulations specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in paragraph I.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-D:11 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:11 - Approval and Disapproval of Forms.

    415-D:11 Approval and Disapproval of Forms. –||No policy of group long-term care insurance affecting a resident of New Hampshire, whether such policy is delivered or issued for delivery in this state or any other state, and no certificate under such policy nor any application, rider, endorsement or amendment used in connection with the policy shall be delivered or issued for delivery in this state until a copy of the form of the policy and of the classification of risks and the premium rates have been filed with the insurance commissioner, nor until the expiration of 30 days after filing, unless the commissioner shall sooner give his written approval for delivery or issue.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-D:12 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:12 - Authority to Adopt Rules.

    415-D:12 Authority to Adopt Rules. –||The commissioner shall issue reasonable rules to promote premium adequacy and to protect the policyholder in the event of substantial rate increases, and to establish minimum standards for marketing practices, agent compensation, agent testing, penalties and reporting practices for long-term care insurance.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-D:13 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-D - Long-Term Care Insurance Act|Section 415-D:13 - Severability.

    415-D:13 Severability. –||If any provision of this chapter or the application thereof to any person or circumstance is held invalid. The invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.|||Source. 2003, 180:1, eff. Aug. 23, 2003.|
NH Rev Stat § 415-E:3-a (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-E - Multiple-Employer Welfare Arrangements|Section 415-E:3-a - Bona Fide Pathway I and II Association Coverage; General Authorization.

[RSA 415-E:3-a effective 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021.]|    415-E:3-a Bona Fide Pathway I and II Association Coverage;  General Authorization. –||Bona fide pathway association coverage as set forth in the United States Department of Labor's June 21, 2018 amendment to 29 C.F.R. section 2510, 83 Fed. Reg. 28,961 (codified at 29 C.F.R. section 2510.3-5) shall be permissible in New Hampshire provided it conforms with this chapter and all of the provisions of Title XXXVII concerning this coverage.|||Source. 2019, 346:402.|
NH Rev Stat § 415-E:3-b (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-E - Multiple-Employer Welfare Arrangements|Section 415-E:3-b - Bona Fide Pathway I and II Association Coverage: Option to Offer Fully-Insured Coverage.

[RSA 415-E:3-b effective 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021.]|    415-E:3-b Bona Fide Pathway I and II Association Coverage:  Option to Offer Fully-Insured Coverage. –||I. A bona fide pathway I association may offer coverage on a fully insured basis if it is a qualified association trust as defined in RSA 420-G:2, XV.||II. A bona fide pathway II association may offer coverage on a fully insured basis if it is licensed as a qualified purchasing alliance under RSA 420-M and meets all of the pathway II requirements under this chapter.||III. No insurer shall issue a fully-insured health benefit plan to an association or MEWA with covered lives in New Hampshire unless the association or MEWA meets the requirements of either paragraphs I or II.||IV. A fully-insured association or MEWA that is a qualified association trust or that has been licensed by the department as a qualified purchasing alliance shall not be subject to the financial reporting and solvency requirements of this chapter that are applicable only to self-funded associations.||V. An insurer issuing a fully insured health benefit plan to an association or MEWA shall ensure that the terms of the plan conform with all applicable requirements of this chapter with respect to bona fide association coverage and that the coverage has received all required approvals from the department.|||Source. 2019, 346:402.|
NH Rev Stat § 415-E:3-d (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-E - Multiple-Employer Welfare Arrangements|Section 415-E:3-d - Rating Requirements for Bona Fide Pathway I Fully Insured Coverage and all Pathway II Coverage; Rating Requirements.

[RSA 415-E:3-d effective 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021.]|    415-E:3-d Rating Requirements for Bona Fide Pathway I Fully Insured Coverage and all Pathway II Coverage;  Rating Requirements. –||I. Any fully insured bona fide pathway I association and any pathway II association, whether self-funded or fully insured, or any insurer contracting with such bona fide pathway I or II association to provide a health benefit plan, shall comply with all requirements of RSA 420-G, except that, for any such association with 250 or more New Hampshire covered lives, the association as a whole may be rated as a single risk pool separately from the small employer market.||II. Coverage for a fully insured bona fide pathway I association with 250 or more New Hampshire covered lives and any bona fide pathway II association with 250 or more New Hampshire covered lives may be rated as a single large group based on the association's group experience and in accordance with all standards applicable to large employer groups under RSA 420-G. The following additional requirements shall apply to such coverage:||(a) All premium rates charged shall be guaranteed for a rating period of at least 12 months, and shall not be changed for any reason, including, but not limited to, a change in the group's case characteristics.||(b) For fully insured bona fide pathway I associations, the association may vary rates among member small employers only in accordance with the provisions in RSA 420-G:10 applying to qualified association trusts.||(c) For any pathway II association, whether self funded or fully insured, the association may vary rates among member small employers, including participating self-employed New Hampshire members, as follows:||(1) Variation associated with age shall not exceed 5:1.||(2) Variation associated with tobacco use shall not exceed 1.5 to 1.||(3) No other variation shall be permitted.||(d) The same rating methodology shall apply to newly covered member employer groups and employee members renewing at each annual renewal date or anniversary date. The rating methodology shall not be construed to include health carrier incentives to individual subscribers or members to participate in wellness and fitness programs provided such incentives are approved by the insurance department.||(e) Nothing in this chapter shall be construed to allow a member small employer group within any association to be rated separately under large group rating standards.|||Source. 2019, 346:402.|
NH Rev Stat § 415-E:3-e (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-E - Multiple-Employer Welfare Arrangements|Section 415-E:3-e - Bona Fide Pathway II Association Coverage; Nondiscrimination Requirements.

[RSA 415-E:3-e effective 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021.]|    415-E:3-e Bona Fide Pathway II Association Coverage;  Nondiscrimination Requirements. –||In accordance with 29 C.F.R. section 2590.702, bona fide pathway II association coverage shall comply with the following:||I. The group or association shall not condition employer membership in the group or association on any health factor of any individual who is or may become eligible to participate in the group health plan sponsored by the group or association.||II. The group health plan sponsored by the group or association shall comply with 29 C.F.R. section 2590.702(b) with respect to nondiscrimination in rules for eligibility of benefits.||III. The group health plan sponsored by the group or association shall comply with 29 C.F.R. section 2590.702(c) with respect to nondiscrimination in premiums or contributions required by any participant or beneficiary for coverage under the plan.||IV. In applying the nondiscrimination provisions of paragraphs II and III, the group or association shall not treat the employees of different employer members of the group or association as distinct groups of similarly-situated individuals based on a health factor of one or more individuals.|||Source. 2019, 346:402.|
NH Rev Stat § 415-E:3-f (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-E - Multiple-Employer Welfare Arrangements|Section 415-E:3-f - Free Movement Between Bona Fide Association Coverage and Small Group Coverage.

[RSA 415-E:3-f effective 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021.]|    415-E:3-f Free Movement Between Bona Fide Association Coverage and Small Group Coverage. –||A small employer that leaves the small group market for bona fide pathway I or II association coverage or that leaves pathway I or II association coverage for the small group market shall not be subjected to a waiting period before being permitted to return to the original market, nor shall an insurer or administrator be permitted to impose such a waiting period.|||Source. 2019, 346:402.|
NH Rev Stat § 415-E:3-g (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-E - Multiple-Employer Welfare Arrangements|Section 415-E:3-g - Bona Fide Pathway II Association Coverage; Mitigation of Small Group Market Impacts of Pathway II Association Coverage.

[RSA 415-E:3-g effective 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021.]|    415-E:3-g Bona Fide Pathway II Association Coverage;  Mitigation of Small Group Market Impacts of Pathway II Association Coverage. –||I. In order to mitigate potential adverse effects of pathway II association coverage on the existing small group markets, the commissioner shall retain an independent actuarial firm to model and quantify the impacts of pathway II coverage on the existing small group markets and to perform the actuarial review necessary to support the small group risk adjustment program required under RSA 420-K. The plan of operation for the small group risk adjustment program required under RSA 420-K shall be approved and in place before any pathway II association coverage may be issued.||II. Upon the recommendation of the commission on the status of health coverage markets for individuals and small employers established under RSA 404-J, or upon the commissioner's own initiative, the commissioner may limit pathway II associations to the writing of existing business only and may adjust the risk score differential amount in RSA 420-K:4, I(d) as necessary to prevent the pathway II association market from having an adverse impact on the availability and choice of coverage in the small group market and as necessary to prevent average premiums for small groups from increasing at a rate that is significantly higher than the trend in claims costs.|||Source. 2019, 346:402.|
NH Rev Stat § 415-E:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 415-E - Multiple-Employer Welfare Arrangements|Section 415-E:5 - Fund Balance.

[RSA 415-E:5 effective until 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021; see also RSA 415-E:5 set out below.] |    415-E:5 Fund Balance. –||Each multiple-employer welfare arrangement shall maintain a fund balance in excess of or equal to zero.|||[RSA 415-E:5 effective 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021; see also RSA 415-E:5 set out above.] ||||415-E:5 Self-Funded Arrangements:  Termination Liability Fund. –||I. Each self-funded multiple-employer welfare arrangement shall maintain a termination liability fund wherein the fund balance of the multiple-employer welfare arrangement shall at no time, for a consecutive 90-day period, be less than $750,000 or 33 percent of the aggregate premiums billed during the 12 prior months, whichever is greater. For purposes of this paragraph, that surety amount, if any, deposited with the commissioner pursuant to RSA 415-E:7, I, may be credited as a fund balance asset toward the termination liability fund amount.||II. Each self-funded multiple-employer welfare arrangement shall file with the commissioner, not later than 4 months following the end of each fiscal year, a report on the financial status of the termination liability fund, which report is filed under oath by a member of its board of trustees, or by an administrative executive duly appointed by the board, and further certified to by an independent certified public accountant.||||Source. 1991, 246:1, eff. Jan. 1, 1992. 2019, 346:404.|