reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:15 - Statutes, Rules, and Regulations; Violation.

400-A:15 Statutes, Rules, and Regulations;  Violation. –
I. The commissioner shall have full power and authority to make, promulgate, amend and rescind reasonable rules and regulations for, or as an aid to, the administration or effectuation of any provision or provisions of this title or of the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102) which relate to insurance and such other rules and regulations as are reasonably necessary to implement such provisions.
II. Prior to the adoption of any rule or regulation, or the amendment or repeal thereof, the commissioner shall publish or otherwise circulate notice of his intended action and afford interested persons opportunity to submit data or views either orally or in writing.
III. Any person who knowingly violates any statute, rule, regulation, or order of the commissioner may, upon hearing, except where other penalty is expressly provided, be subject to such suspension or revocation of certificate of authority or license, or administrative fine not to exceed $2,500 per violation, as may be applicable under this title for violation of the statute or the provision to which the rule, regulation, or order relates.
Source.
1971, 244:1. 2000, 313:12. 2008, 153:1, 2, eff. June 6, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:15-a - Standardized Claim Forms for Health Insurance.

400-A:15-a Standardized Claim Forms for Health Insurance. –
All health insurers, health maintenance organizations, health service corporations, hospital service corporations, medical service corporations, preferred provider programs and third party administrators shall use "HCFA-1500" and "UB-92" forms for all paper and electronic submissions and shall not routinely require additional forms or information. When CMS officially replaces the "HCFA-1500" or the "UB-92" form, the replacements shall be considered the official form under this section.
Source.
1993, 127:1. 1996, 188:1. 2003, 145:5, eff. Aug. 16, 2003.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:15-b - Confidentiality of Provider's Personal Information.

400-A:15-b Confidentiality of Provider's Personal Information. –
I. Health insurers and other third party payors shall not display a medical provider's home address, date of birth, or social security number on documents provided to subscribers for the purpose of claim payment unless the provider has provided that information for the purposes of claim payment.
II. The provisions of this section shall apply to group hospital and medical expense policies subject to RSA 415, group health service plan contracts issued pursuant to RSA 420-A, and to health maintenance organization policies and plans issued pursuant to RSA 420-B.
Source.
2003, 284:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:15-c - Identification of Health Coverage Under the Jurisdiction of the Commissioner.

400-A:15-c Identification of Health Coverage Under the Jurisdiction of the Commissioner. –
All health coverage as defined in RSA 420-G:2, IX and prescription drug and dental benefits offered separately as described in RSA 420-G:2, IX(j) shall be identified as being under the jurisdiction of the commissioner. Such identification shall be clearly printed on a member's identification card and the policy issued to an insured after January 1, 2010. The commissioner shall adopt rules, pursuant to RSA 541-A, designating the form and manner of the identification required under this section.
Source.
2009, 305:1, eff. Sept. 29, 2009.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:15-d - Exemption From Rulemaking Requirement; Forms.

400-A:15-d Exemption From Rulemaking Requirement;  Forms. –
In adopting forms under RSA 541-A, the commissioner shall be exempt from the requirements of RSA 541-A:7 and RSA 541-A:8.
Source.
2012, 93:1, eff. July 28, 2012.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:15-f - Confidentiality; Forms and Rates.

400-A:15-f Confidentiality;  Forms and Rates. –
I. Forms and rates that are filed for review in accordance with Title XXXVII shall be confidential pending approval. Forms and rates filed for informational purposes shall be confidential until effective.
II. An approved filing and any supporting information that is not otherwise exempt from disclosure by law or rule, shall be open to public inspection on or after the date the filing is approved or its effective date, whichever is later, provided however, that for health filings for markets in which there is a specific, mandatory open enrollment period established by law, forms and rates shall be available for public review no later than the first day of the mandated open enrollment period.
III. In accordance with RSA 91-A:5, IV, any information submitted as part of the form and rate review process that is required to be held confidential by law, including commercial and proprietary trend assumptions, proprietary predictive models, and any other commercial or proprietary information and supporting documentation, shall not be disclosed.
Source.
2018, 37:1, eff. Aug. 13, 2018. 2021, 50:5, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:15-g - General Provisions Regarding Review of Rate and Form Filings.

400-A:15-g General Provisions Regarding Review of Rate and Form Filings. –
Unless otherwise provided in specific provisions of title XXXVII or in rules promulgated thereunder, when reviewing a rate or form filing submitted by an insurer, the commissioner shall:
I. Within 30 days of receipt, examine the rate or form filing and notify the insurer of any apparent errors or omissions that render the filing incomplete or request any additional information that the insurance department is permitted by law to require and that is deemed by the commissioner to be relevant to the review process.
II. Within 60 days after receipt of the filing or after receipt of the additional information or corrections timely requested by the commissioner pursuant to paragraph I, the commissioner shall:
(a) Approve or deny the filing, in whole or in part; or
(b) Commence an adjudicative proceeding in accordance with RSA 541-A.
III. In the event that the commissioner returns one or more preliminary objections to the insurer regarding a rate or form filing, the period in paragraph II shall not include the period during which the insurer is preparing its response.
IV. Upon written agreement of the insurer, the commissioner may extend any of the time periods for review provided for in this section.
V. Wherever the general time limits prescribed by this section differ from specific time limits provided for by other provisions of title XXXVII or in rules promulgated thereunder, the specific time limits provided for by such other provisions shall control.
VI. If the commissioner fails to take action on a rate or form filing governed by this section within the time limits prescribed in this section, the filing shall be deemed approved. If at any time after a rate or form has been deemed approved under this paragraph, the commissioner finds that the rate or form does not meet any of the requirements under title XXXVII, the commissioner may, after notice and hearing, order the discontinuance of the rate or form. The order shall provide a reasonable time after which the filing shall be deemed no longer effective. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order. However, a policyholder shall have the privilege to cancel the policy containing the nonconforming rate or policy provision without penalty.
VII. RSA 541-A:29 and RSA 541-A:29-a shall not apply to insurer rate and form filings under title XXXVII.
Source.
2018, 279:22, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:15-h - General Provisions Regarding Company, Producer, and Adjuster Licensing.

400-A:15-h General Provisions Regarding Company, Producer, and Adjuster Licensing. –
Unless otherwise provided in specific provisions of title XXXVII or in rules promulgated thereunder, when reviewing a license application submitted by a company, producer, or adjuster, the commissioner shall:
I. Within 30 days of receipt, examine the license application and notify the applicant of any apparent errors or omissions that render the application incomplete or request any additional information that the insurance department is permitted by law to require and that is deemed by the commissioner to be relevant to the review process.
II. Within 60 days after receipt of the application or after receipt of the additional information or corrections timely requested by the commissioner pursuant to paragraph I, the commissioner shall:
(a) Approve or deny the application, in whole or with restrictions; or
(b) Commence an adjudicative proceeding in accordance with RSA 541-A.
III. In the event that the commissioner returns one or more preliminary objections to the company, producer, or adjuster regarding a license application, the period in paragraph II shall not include the period during which the applicant is preparing a response.
IV. In the event that the commissioner is conducting an investigation of an applicant pursuant to RSA 400-A:16 of possible violations of insurance laws, the period in paragraph II shall not include the period during which the investigation is pending.
V. Upon written agreement of the applicant, the commissioner may extend any of the time periods for review provided for in this section.
VI. Wherever the general time limits prescribed by this section differ from specific time limits provided for by other provisions of title XXXVII or in rules promulgated thereunder, the specific time limits provided for by such other provisions shall control.
VII. If the commissioner fails to take action on a license application governed by this section within the time limits prescribed in this section, the application shall be deemed approved. If at any time after a license application has been deemed approved under this paragraph, the commissioner finds that the applicant does not meet standards for licensure, the commissioner may, after notice and hearing, order the revocation, suspension, or restriction of the license.
VIII. RSA 541-A:29 and RSA 541-A:29-a shall not apply to company, producer, or adjuster license applications under title XXXVII.
Source.
2018, 279:22, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:17 - Hearings.

400-A:17 Hearings. –
I. Except as otherwise provided in this section or other applicable law that requires a hearing, the commissioner may hold hearings for any purpose within the scope of this title as the commissioner may deem advisable.
II. The commissioner shall hold a hearing:
(a) If required by any provision of this title; or
(b) Upon written application for a hearing by a person aggrieved by any act or impending act, or by any report, rule, regulation, or order of the commissioner (other than an order for the holding of a hearing, or order on a hearing, or pursuant to such order, of which hearing such person had notice) if the application meets the requirements of paragraph III.
III. Any such application must be filed with the commissioner within 30 days after such person knew or reasonably should have known of such act, impending act, failure, report, rule, regulation, or order, unless a different period is provided for by other applicable law, and in which case such other law shall govern. The application shall briefly state the respects in which the applicant is so aggrieved, together with the ground to be relied upon for the relief to be demanded at the hearing. If there are exigent circumstances, the applicant shall request an expedited hearing in accordance with paragraph IV. The commissioner may require that the application be signed and sworn to by a person competent to be a witness in civil courts. The application for a hearing shall be scheduled for an initial hearing within a reasonable time not to exceed 60 days from the date of receipt of the application. An applicant may request additional time to be heard on the matter by notifying the commissioner of such a request in writing. If the commissioner finds the application does not comply with this paragraph or is meritless, the commissioner shall deny the hearing request, in which case the original ruling shall be the final order, appealable under RSA 400-A:24.
IV. Exigent Circumstances. If the commissioner finds that the application is timely, made in good faith, and that the applicant would be irreparably harmed if an expedited hearing is not held, the commissioner shall hold a hearing within 30 days after receipt of the application, unless the hearing is continued by order of the commissioner or the commissioner's designee. An applicant shall request an expedited hearing by clearly referencing this paragraph in the application filed under paragraph III in order to be heard within 30 days of filing.
V. If requested, pending the hearing and decision thereon, the commissioner or the commissioner's designee may suspend, postpone, or stay the effective date of his or her previous action.
Source.
1971, 244:1, eff. Aug. 17, 1971. 2023, 133:1, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:18 - Notice of Hearing.

400-A:18 Notice of Hearing. –
I. Except where a longer period is expressly provided in this title, the commissioner shall give written notice of the hearing not less than 10 days in advance. The notice shall state the date, time, and place of the hearing and specify the matters to be considered thereat. If the persons to be given notice are not specified in provision pursuant to which the hearing is held, the commissioner shall give such notice to all persons whose pecuniary interest, to the commissioner's knowledge or belief, are to be directly and immediately affected by the hearing. Notice of the hearing may be waived, and the hearing held at a time mutually fixed by the commissioner and the parties.
II. If any such hearing is to be held for consideration of rules and regulations of the commissioner, or of other matters which, under paragraph I above, would otherwise require separate notices to more than 30 persons, in lieu of other notice, the commissioner may give notice of the hearing by publication thereof in a newspaper of general circulation in this state, at least once each week during the 2 weeks immediately preceding the week in which the hearing is to be held; except, that the commissioner shall mail such notice to all persons who have requested the same in writing in advance and have paid to the commissioner the reasonable amount fixed by him to cover the cost thereof. All such notices, other than published notices, shall be given as provided in RSA 400-A:14.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:19 - Conduct of Hearing.

400-A:19 Conduct of Hearing. –
I. The commissioner may hold a hearing in Concord or any other place of convenience to parties and witnesses, as the commissioner determines. The commissioner or his designee shall preside at the hearing, and shall expedite the hearing and all procedures involved therein.
II. Any party to the hearing shall have the right to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence and to examine and cross-examine witnesses, to present evidence in support of his interest and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence in his behalf. Testimony may be taken orally or by deposition, and any party shall have such right of introducing evidence by interrogatories or deposition as may obtain in the superior court.
III. Upon good cause shown, the commissioner shall permit to become a party to the hearing by intervention, if timely, such persons, not original parties thereto, whose interests are affected by the commissioner's order made upon the hearing.
IV. Formal rules of pleading or of evidence need not be observed at any hearing.
V. The hearing shall be public, unless the commissioner or hearing officer determines that a private hearing would be in the public interest, in which case and only with the consent of all parties to the hearing, the hearing shall be private.
VI. The commissioner or his hearing officer may cause a complete record to be made of the hearing proceedings by a competent reporter or by electronic recording, and if transcribed, such record shall be made a part of the commissioner's record of hearing. In the event of an appeal from any order of the commissioner issued pursuant to Title XXXVII, if a record of the proceedings is available a transcript shall be made, and expenses of transcription shall be paid by the party making the appeal at the rate charged for transcripts of proceedings in the superior court at the time the appeal is made. Nothing in this chapter shall prohibit any party to a hearing held pursuant to Title XXXVII from receiving at any time, upon request and upon payment of expenses, a transcript of the hearing, if a record was made.
VII. The validity of any hearing held in accordance with the notice thereof, or waiver of notice, shall not be affected by the failure of any person to attend or remain in attendance.
Source.
1971, 244:1. 1975, 147:1, eff. July 25, 1975.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:20 - Witnesses and Documentary Evidence.

400-A:20 Witnesses and Documentary Evidence. –
I. As to the subject of any examination, investigation or hearing being conducted by him, the commissioner may subpoena witnesses and administer oaths or affirmations and examine any individual under oath, or take depositions; and by subpoena duces tecum may require the production of documentary and other evidence. Any delegation by the commissioner of power of subpoena shall be in writing.
II. Every person subpoenaed to appear at any such hearing, examination, or investigation shall obey the subpoena, testify truthfully, conduct himself with decorum, and in no way obstruct the proceeding or purpose thereof.
III. Witnesses shall be entitled to the same fees and allowances as witnesses in the superior court; except that no insurer, agent, broker, or other person subject to this title who is a subject of such proceeding, and no officer, director, or employee of any of the foregoing, shall be entitled to witness or mileage fees. No person shall be excused from attending and testifying in obedience to a subpoena on the ground that the proper witness fee was not tendered or paid, unless the witness shall have demanded such payment as a condition precedent to attending the hearing, examination, or investigation and unless such demand shall not have been complied with.
IV. Any individual knowingly testifying falsely under oath or making a false affirmation, as to any matter material to any such examination, investigation or hearing, shall upon conviction thereof be guilty of perjury.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:21 - Witnesses; Disciplinary Proceedings.

400-A:21 Witnesses;  Disciplinary Proceedings. –
I. If any individual without reasonable cause fails to appear when summoned as a witness, or refuses to answer a lawful and pertinent question, or refuses to produce documentary evidence when directed to do so by the commissioner or deports himself in a disrespectful or disorderly manner at the inquiry, or obstructs the proceedings by any means, whether or not in the presence of the commissioner or his designee, he is guilty of contempt and may be dealt with as provided in RSA 400-A:21, II.
II. The commissioner or his designee, as the case may be, may file a complaint in the superior court, setting forth under oath the facts constituting the contempt and requesting an order returnable in not less than 2 nor more than 5 days, directing the alleged contemner to show cause before the court, why he should not be punished for contempt. Upon the return of such order, the court shall examine the alleged contemner under oath, and the alleged contemner shall have an opportunity to be heard. If the court determines that the respondent has committed any alleged contempt, the court shall punish the offender as if the contempt had occurred in an action arising in or pending in such court. Provided however, the contemner shall have a period of 10 days from the determination of the superior court within which to purge himself of contempt and thereby avoid the sanctions imposed.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:22 - Witnesses; Immunity From Prosecution.

400-A:22 Witnesses;  Immunity From Prosecution. –
I. If any individual asks to be excused from attending or testifying or from producing any books, papers, records, contracts, correspondence, or other documents in connection with any examination, hearing, or investigation being conducted by the commissioner on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, and shall by the insurance commissioner be directed to give such testimony or produce such evidence, he must nonetheless comply with such direction, but he shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have so testified or produced evidence, and no testimony so given or evidence produced shall be received against him upon any criminal action, investigation, or proceeding; except, however, that no such individual so testifying shall be exempt from prosecution or punishment for any perjury committed by him in such testimony, and the testimony or evidence so given or produced shall be admissible against him upon any criminal action, investigation, or proceeding concerning perjury; provided further that no witness shall be compelled to testify where such testimony would create a reasonable possibility of penalty or sanction by a court, agency, or other body of competent jurisdiction, which penalty or sanction has not as of the hearing date (or the date of any appeal therefrom) been banned by operation of law or waived as to the witness.
II. Any such individual may execute, acknowledge and file in the office of the commissioner a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon the testimony of such individual or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise, and if so received or produced, such individual shall not be entitled to any immunity or privileges on account of any testimony he may so give or evidence so produced.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:23 - Order on Hearing.

400-A:23 Order on Hearing. –
I. In the conduct of hearings under this title and making his order thereon, the commissioner shall act in a quasi-judicial capacity.
II. Within 90 days after termination of a hearing, or of any rehearing thereof or reargument thereon, or within such other period as may be specified in this title as to particular proceedings, the commissioner shall make his order on hearing covering matters involved in such hearing, and give a copy of the order to each party to the hearing in the same manner as notice of the hearing was given to such party; except, that as to hearings held with respect to merger, consolidation, bulk reinsurance, conversion, affiliation, or change of control of a licensed insurer as provided in RSA 401-B and RSA 403-A, where notice of the hearing was given to all who are stockholders or policyholders, or both, of an insurer involved, the commissioner is required to give a copy of the order on hearing to the corporation and insurer parties, to intervening parties, to a reasonable number of such stockholders or policyholders as representative of the class, and to other parties only upon written request of such parties.
(a) The order shall contain:
(1) A concise statement of facts found by the commissioner upon the evidence adduced at the hearing;
(2) A concise statement of the commissioner's conclusions from the facts so found;
(3) His order, and the effective date thereof; and
(4) Citation of the provisions of this title upon which the order is based; but failure to so designate a particular provision shall not deprive the commissioner of the right thereafter to rely thereupon.
(b) The order may affirm, modify, or rescind action theretofore taken or may constitute taking of new action within the scope of the notice of hearing.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:24 - Appeal From the Commissioner.

400-A:24 Appeal From the Commissioner. –
I. An appeal from the commissioner shall be taken only from an order on hearing, or as to a matter on which the commissioner has refused or failed to hold a hearing after application therefor under RSA 400-A:17, or as to a matter as to which the commissioner has failed to make his order on hearing as required by RSA 400-A:23.
II. Any appeal shall be in accordance with RSA 541.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:25 - Records; Inspection; Destruction.

400-A:25 Records;  Inspection;  Destruction. –
I. Unless otherwise provided by law, all records and documents of the insurance department are subject to public inspection pursuant to the right to know law, RSA 91-A. Notwithstanding the provisions of RSA 91-A, the commissioner may determine by order that it is in the public interest to make public additional records and documents or to hold certain records and documents confidential within the insurance department.
II. Except as otherwise provided by law, all records and documents of the department are subject to subpoena by a court of competent jurisdiction.
III. The commissioner may destroy at the end of 3 years from the date of filing any records determined to be no longer of any value to the state. The commissioner may destroy at an earlier date such records of the department which are readily available to the commissioner in an unaltered form from any other state or federal agency or from any licensed insurance company.
Source.
1971, 244:1. 1983, 473:1. 2008, 67:2, eff. July 20, 2008. 2021, 56:1, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:26 - Annual Report.

400-A:26 Annual Report. –
On or before November 1 in each year, the commissioner shall make a written report to the governor and council showing with respect to the preceding calendar year the receipts and expenses of the department for the year and such recommendations as he deems advisable.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:27 - Publications.

400-A:27 Publications. –
I. The commissioner may have the annual report, examination reports, directory of authorized insurers, directory of licensed insurance representatives, license examination material, insurance laws, related laws and regulations, and other publications relating to insurance prepared under his administration, published in pamphlet form from time to time and may affix a reasonable price to each copy to cover the price of printing, handling, and postage.
II. The commissioner may furnish free copies of the publications prepared under paragraph I to public officials and libraries in the state and elsewhere. The cost of free distribution shall be charged upon available funds and the appropriation for the insurance department.
Source.
1971, 244:1. 1987, 411:7, eff. May 26, 1987.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:28 - Interstate Cooperation.

400-A:28 Interstate Cooperation. –
The commissioner and his staff shall maintain close relations with the commissioners of other states and shall actively participate in the activities and affairs of the National Association of Insurance Commissioners and other organizations so far as it will, in his judgment, enhance the purposes of the insurance laws. The actual and necessary travel and related expenses incurred by the commissioner and members of his staff in attending meetings of said associations, their committees, subcommittees, hearings, and other official activities, as well as the general expenses of participation in such associations shall be a charge on available funds and the appropriation of the insurance department.
Source.
1971, 244:1. 1987, 411:8, eff. May 26, 1987.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:29-a - Fees for Continuing Education Course Submissions; Special Fund Established.

400-A:29-a Fees for Continuing Education Course Submissions;  Special Fund Established. –
I. The commissioner may impose and collect reasonable application fees as provided in RSA 400-A:29, XXIII(a) and (b) from sponsoring organizations for submissions of continuing education courses to meet educational requirements established by rule for producers, consultants, and adjusters.
II. The fees collected by the commissioner under paragraph I shall be deposited in the general fund.
III. Members of the respective continuing education advisory councils shall be reimbursed for all actual travel. The commissioner shall pay the expenses of compensating the continuing education advisory council within the limits of appropriations made in the operating budget for this purpose.
Source.
1988, 105:1. 2010, 13:2, eff. July 1, 2010. 2019, 134:22, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:30 - Accounts.

400-A:30 Accounts. –
The commissioner shall keep a correct account of all fees and moneys received by him by virtue of his office, and shall pay the same over to the treasurer of the state forthwith.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:31 - General Premium Tax: Report.

400-A:31 General Premium Tax:  Report. –
I. Every authorized insurer and each formerly authorized insurer shall, on or before March 15 of each year, or within any reasonable extension of time therefor which the commissioner may for good cause have granted on or before such date, file with the commissioner a report in such form as prescribed by the commissioner showing all gross direct premiums, including policy, membership and other fees and assessment, policy dividends applied in payment for insurance and all other considerations for insurance received by it during the next preceding calendar year on account of policies covering property, subjects, or risks located, resident or to be performed in this state after deducting from such total return premiums or dividends actually returned or credited to policyholders.
(a) As to title insurers, that portion of the premium chargeable to title search and examination services as reasonably determined by the commissioner may be deducted from such total.
(b) In determining the amount of such gross direct premiums taxable in this state, all such premiums or other considerations written, procured or received in this state shall be deemed written on property, subjects or risks located, resident or to be performed in this state except such premiums or other considerations as are properly allocated or apportioned and reported as taxable premiums of any other state or states, and except such premiums or other considerations written on property, subjects or risks located, resident or to be performed anywhere outside the United States of America.
II. The report shall be signed by the insurer's president, vice-president, secretary, treasurer, or manager. Any person that submits false information in a report shall be subject to prosecution for unsworn falsification, pursuant to RSA 641:3.
III. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
IV. [Repealed.]
Source.
1971, 244:1. 1977, 600:42. 1979, 360:12. 1981, 111:1. 2002, 207:1. 2010, 13:7, I, eff. July 1, 2010. 2022, 42:1, eff. July 2, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:32-a - Timely Mailing.

400-A:32-a Timely Mailing. –
I. Any report, claim, tax return, statement and other document, relative to tax matters, required or authorized to be filed with or any payment made to the state which is:
(a) Transmitted through the United States mail, shall be deemed filed and received by the state on the date shown by the post office cancellation mark stamped upon the envelope or other appropriate wrapper containing it.
(b) Mailed but not received by the state or where received and the cancellation mark is illegible, erroneous or omitted, shall be deemed filed and received on the date it was mailed if the sender establishes by competent evidence that the report, claim, tax return, statement, remittance, or other document was deposited in the United States mail on or before the date due for filing; and in cases of such non-receipt of a report, tax return, statement, remittance, or other document required by law to be filed, the sender files with the state or political subdivision a duplicate within 30 days after written notification is given to the sender by the state of its non-receipt of such report, tax return, statement, remittance, or other document.
II. If any report, claim, tax return, statement, remittance, or other document is sent by United States registered mail, certified mail or certificate of mailing, a record authenticated by the United States post office of such registration, certification or certificate shall be considered competent evidence that the report, claim, tax return, statement, remittance or other document was mailed, and the date of registration, certification or certificate shall be deemed the postmarked date.
III. If the date for filing any report, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday or legal holiday, the filing shall be considered timely if performed on the next business day.
IV. The provisions of this section shall not apply to payment or remittance for tax sales, the advertisement of tax sales, tax sale redemptions or payment of subsequent taxes thereon.
Source.
2003, 144:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:32-b - Electronic Funds Transfer.

400-A:32-b Electronic Funds Transfer. –
Insurers shall remit taxes by electronic funds transfer according to the following schedule:
I. When the insurer had a tax liability in the prior tax year of $40,000 or more, effective January 1, 2006.
II. When the insurer had a tax liability in the prior tax year of $30,000 or more, effective January 1, 2007.
III. When the insurer had a tax liability in the prior tax year of $20,000 or more, effective January 1, 2008.
Source.
2003, 144:1. 2005, 248:2. 2008, 154:1, eff. June 6, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:34 - Exemption; Abatement.

400-A:34 Exemption;  Abatement. –
I. The provisions of RSA 400-A:31 and 32 shall not apply to mutual insurance companies that operate on an assessment plan and require as a condition for granting insurance the signing of a premium deposit note by the insured, which note is given for the purpose of establishing a limit of liability to assessment, while their total receipts from policyholders is less than $10,000 per year.
II. Any insurer authorized to do business in this state, having complied with the provisions of this chapter, which shall deem itself aggrieved by reason of any tax imposed upon it by the insurance commissioner, may apply within one year after the due date of any tax imposed upon it, and not afterwards, by petition to the Merrimack county superior court for an abatement of so much thereof as it may claim to have been unlawfully imposed upon it.
III. Such petition shall be entitled against the insurance commissioner, and all summonses therein shall be served upon the insurance commissioner. In any such action, the superior court, after hearing, shall make such order as justice may require and may order the insurance commissioner to credit the petitioner in any tax assessment thereafter made against the petitioner with any amount found to have been illegally assessed against and paid by the petitioner, with interest thereon at such rate as the court may deem just.
IV. Notwithstanding paragraphs II and III, if an insurer or other person engaged in the business of insurance in this state has paid taxes, fees or other charges pursuant to title XXXVII in excess of the amount legally chargeable against such insurer or other person, application may be made for a refund of the overpayment. If the commissioner is satisfied that, because of some mistake of fact, error in calculation, or erroneous interpretation of a law of this state or any other state, an overpayment was made by the insurer or other person, the commissioner shall apply the amount of the overpayment toward the payment of taxes, fees or other charges already due or which may become due or make a cash refund to the insurer or other person. Application for a refund shall be made within 3 years after the date of the excess payment of taxes, fees or other charges.
Source.
1971, 244:1. 1983, 473:3. 1989, 76:1. 2010, 13:6. 2014, 204:26, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:34-a - Credit for Business Enterprise Tax.

400-A:34-a Credit for Business Enterprise Tax. –
The tax imposed under RSA 77-E shall be allowed as a credit against the taxes due under this chapter and shall be deemed to be taxes paid pursuant to this chapter for the purposes of RSA 77-A:5, III. Any insurer subject to taxation under this chapter shall first apply such credits as provided in this section, and then pursuant to RSA 77-A:5, X. The taxes paid pursuant to RSA 77-E by an individual member of a unitary business within the meaning of RSA 77-A:1, XIV shall be allowed as a credit against any other individual member's liability under this chapter, provided that such other member is also subject to the tax imposed by this chapter. To the extent the credit for taxes paid pursuant to RSA 77-E exceeds the taxes imposed under this chapter, such excess shall be deemed to be taxes imposed under RSA 77-E and shall be allowed as a credit against the taxes due under RSA 77-A as provided by RSA 77-A:5, X.
Source.
1993, 350:31. 2007, 255:9, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:35 - Retaliatory Provisions.

400-A:35 Retaliatory Provisions. –
When, by the laws of any other state or country, any taxes, fines, penalties, licenses, fees, deposits, or other obligations or prohibitions, additional to or in excess of those imposed by this state upon companies not organized under the laws of this state and their agents doing business in this state, are imposed upon insurance companies of this state and their agents doing business in such state or country, the same taxes, fines, penalties, licenses, fees, deposits, or other obligations or prohibitions shall be imposed upon all insurance companies of such state or country and their agents doing business in the state, so long as such laws remain in force. In the absence of proof satisfactory to the commissioner, the laws of a foreign country shall be presumed to be the same as those of that state in which an insurance company of that foreign country has its principal place of business in the United States.
Source.
1971, 244:1, eff. Aug. 17, 1971.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:36-a - Filing Requirements.

400-A:36-a Filing Requirements. –
I. Each domestic, foreign, and alien insurer who transacts insurance in this state shall annually on or before March 1 of each year, file with the National Association of Insurance Commissioners a portable document format (pdf) copy of its annual statement convention blank, along with such additional filings as prescribed by the commissioner for the preceding year, and a pdf copy of all subsequent quarterly statements. The information filed with or transmitted to the National Association of Insurance Commissioners shall be in the same format and scope as that required by the commissioner and following those accounting procedures and practices prescribed by the National Association of Insurance Commissioners Accounting Practices and Procedure Manual, and shall include the signed jurat page and, if required by any state in which the insurer transacts business, the actuarial certification. Any amendments and addenda to the annual statement filing subsequently filed with or transmitted to the commissioner shall also be filed with or transmitted to the National Association of Insurance Commissioners.
II. Foreign insurers that are domiciled in a state which has a law substantially similar to RSA 400-A:36-a, I shall be deemed in compliance with this section.
Source.
1988, 133:4. 1990, 92:2. 1995, 165:1. 2006, 196:3, eff. July 30, 2006. 2019, 183:2, eff. Sept. 8, 2019.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:36-b - Immunity.

400-A:36-b Immunity. –
I. In the absence of actual malice, members of the National Association of Insurance Commissioners, their duly authorized committees, subcommittees, and task forces, their delegates, employees, and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the commissioner under the authority of RSA 400-A:36-a and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required under such section.
II. In the absence of actual malice, no person shall be subject to civil liability for libel, slander or any other cause of action arising from filing reports or furnishing information concerning any activity that may constitute insurance fraud as defined in RSA 638:20, if such reports or information is provided to or received from the commissioner, law enforcement officials, the National Association of Insurance Commissioners, any state or federal agency established to detect, prevent or prosecute insurance fraud, or an insurance company authorized to do business in the state. The immunity conferred by this section applies unless the person seeking to impose civil liability proves actual malice. Any person against whom a civil action is brought, and who is found to be entitled to immunity from liability under this section, shall be entitled to recover reasonable attorney's fees and costs from the person who brought the civil action.
Source.
1988, 133:4. 1993, 239:3, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:36-c - Confidentiality.

400-A:36-c Confidentiality. –
All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department by the National Association of Insurance Commissioners' Insurance Regulatory Information System are confidential and shall not be disclosed by the department. Nothing contained in this title shall prevent or be construed as prohibiting the commissioner from disclosing any other material or information obtained by the commissioner in line with the duties of the commissioner's office so long as the governmental or regulatory agency or office receiving the information agrees in writing to keep it confidential and in a manner consistent with this title.
Source.
1988, 133:4. 1995, 165:2, eff. July 31, 1995.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:36-d - Revocation of Certificate of Authority.

400-A:36-d Revocation of Certificate of Authority. –
The commissioner may suspend, revoke, or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due or within any extension of time which the commissioner, for good cause, may have granted.
Source.
1995, 227:1, eff. Aug. 13, 1995.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:39-b - Review and Evaluation of Proposed Insurance Mandated Benefit Proposals Under RSA 281-A, RSA 415, RSA 420-A, and RSA 420-B.

400-A:39-b Review and Evaluation of Proposed Insurance Mandated Benefit Proposals Under RSA 281-A, RSA 415, RSA 420-A, and RSA 420-B. –
I. The commissioner is authorized to contract for an external review and evaluation of any mandated benefit.
II. Whenever a legislative measure containing a mandated benefit is proposed, the standing committee of either the house or the senate having jurisdiction over the proposal may refer the proposal to the insurance department for review and evaluation.
III. Upon a referral of a mandated benefit proposal from the standing committee of the house or the senate having jurisdiction over the proposal, or at the discretion of the commissioner, the insurance department shall conduct a review and evaluation of the mandated benefit proposal and shall report any results to the standing committee that has oversight of the mandated benefit. In the instance of a mandated benefit proposal affecting RSA 281-A, the review and evaluation by the insurance department shall be conducted in conjunction with input from the labor department.
IV. The report shall include, at a minimum and to the extent that information is available, the following:
(a) The social impact of mandating the benefit.
(b) The financial impact of mandating the benefit.
(c) The medical efficacy of mandating the benefit.
(d) The effects of balancing the social, economic, and medical efficacy considerations.
V. For the purposes of this section, a mandated benefit proposal is one that mandates insurance coverage for certain conditions, specific health services, specific diseases, or certain providers of health care services.
Source.
2010, 61:2, eff. May 18, 2010.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 400-A - Insurance Department › Section 400-A:40 - to 400-A:66 Repealed by 1991, 355:93, I, eff. July 1, 1991.

400-A:40 to 400-A:66 Repealed by 1991, 355:93, I, eff. July 1, 1991. –