reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-M - Purchasing Alliances › Section 420-M:13 - Qualified Purchasing Alliance.

420-M:13 Qualified Purchasing Alliance. –
A purchasing alliance that has a minimum of 3,000 enrollees may elect to obtain certification from the commissioner as a qualified purchasing alliance. To obtain certification, a purchasing alliance shall demonstrate:
I. Either that membership in the alliance is open to all employers without discrimination or that the alliance has established membership criteria that limit membership in the alliance to employers that are members of or affiliated with an association, trade group, or other entity that has been in existence for at least 10 years and was established and maintained for purposes other than the provision of health coverage; and
II. That the health benefit plan or plans offered to its members and the provider payment policies associated with those plans will promote more cost effective use of health care services by providing a better alignment of financial incentives with:
(a) Health care quality improvement and efficiency; and
(b) Health promotion and disease prevention.
Source.
2010, 346:1. 2011, 155:2, eff. Aug. 7, 2011.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:1 - Purpose and Scope.

420-N:1 Purpose and Scope. –
The intent of this chapter is to preserve the state's status as the primary regulator of the business of insurance within New Hampshire and the constitutional integrity and sovereignty of the state of New Hampshire under the Tenth Amendment to the United States Constitution and part I, article 7 of the New Hampshire constitution and the insurance commissioner's administration of the insurance reforms required under the Patient Protection and Affordable Care Act of 2009, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, including any amendments thereto, and related provisions of the Public Health Service Act (42 U.S.C. section 300gg et seq.), federal regulations, interpretations, standards, or guidance issued thereunder (hereinafter "the Act").
Source.
2011, 264:1. 2012, 231:1, eff. June 18, 2012. 2017, 221:5, eff. July 10, 2017; 221:9, eff. July 1, 2020. 2022, 323:20, eff. Sept. 6, 2022. 2023, 154:5, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:2 - Definitions.

420-N:2 Definitions. –
In this chapter:
I. "Act" means the Patient Protection and Affordable Care Act of 2009, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, including any amendments thereto, and related provisions of the Public Health Service Act (42 U.S.C. section 300gg et seq.), federal regulations, interpretations, standards, or guidance issued thereunder.
II. "Commissioner" means the insurance commissioner.
III. [Repealed.]
Source.
2011, 264:1, eff. July 1, 2011. 2017, 221:6, eff. July 10, 2017; 221:10, eff. July 1, 2020. 2022, 323:1, V(b), eff. Sept. 6, 2022. 2023, 154:6, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:3 - Repealed by 2022, 323:1, V(a), eff. Sept. 6, 2022.

420-N:3 Repealed by 2022, 323:1, V(a), eff. Sept. 6, 2022. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:4 - Repealed by 2022, 323:1, V(c), eff. Sept. 6, 2022.

420-N:4 Repealed by 2022, 323:1, V(c), eff. Sept. 6, 2022. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:5 - Authority of the Commissioner.

420-N:5 Authority of the Commissioner. –
The commissioner shall have authority to:
I. Make, adopt, and amend rules and regulations pursuant to RSA 541-A for, or as an aid to, the administration of any provision of the Act relating to insurance;
II. Apply for any public or private grant funds available under the Act;
III. Apply for any waiver available under any specific provision of the Act;
IV. Adopt and apply standards consistent with the Act for form and rate review of insurance products and any other regulatory oversight functions performed by the department; and
V. Enforce the consumer protections and market reforms set forth in the Act that relate to insurance. This shall not include the medical assistance program under RSA 167.
Source.
2011, 264:1, eff. July 1, 2011. 2022, 323:21, eff. Sept. 6, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:5-a - Repealed by 2014, 201:2, eff. Jan. 1, 2019.

420-N:5-a Repealed by 2014, 201:2, eff. Jan. 1, 2019. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:6 - Repealed by 2012, 231:3, I, eff. June 18, 2012.

420-N:6 Repealed by 2012, 231:3, I, eff. June 18, 2012. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:6-a - Waiver.

[RSA 420-N:6-a effective until January 1, 2024;  see also RSA 420-N:6-a  set out below.]
420-N:6-a Waiver. –
If such action is supported by the recommendations of actuarial experts retained by the department as being consistent with the purposes of RSA 404-G:1, I, the commissioner shall, at the earliest practicable date, submit an application on behalf of the state to the United States Secretary of the Treasury, and if required, to the United States Secretary of Health and Human Services, to waive certain provisions of the Act, as provided in section 1332 of the Act, or any other applicable waiver provision in order to create a risk sharing or reinsurance mechanism for the individual market under RSA 404-G which is eligible to draw down federal pass-through funding to support such mechanism. The commissioner shall publish and accept public comment on the 1332 waiver application and the plan of operation for the individual market mechanism prior to approving such plans. The commissioner shall implement any federally approved waiver, including but not limited to overseeing the implementation of a revised plan of operations under RSA 404-G:12.
[RSA 420-N:6-a effective January 1, 2024;  see also RSA 420-N:6-a  set out above.]
420-N:6-a Waiver. –
If such action is supported by the recommendations of actuarial experts retained by the department as being consistent with the purposes of RSA 404-G:1, I, the commissioner shall, at the earliest practicable date, submit an application on behalf of the state to the United States Secretary of the Treasury, and if required, to the United States Secretary of Health and Human Services, to waive certain provisions of the Act, as provided in section 1332 of the Act, or any other applicable waiver provision in order to create a risk sharing or reinsurance mechanism for the individual market under RSA 404-G which is eligible to draw down federal pass-through funding to support such mechanism. The commissioner shall publish and accept public comment on the 1332 waiver application and the plan of operation for the individual market mechanism prior to approving such plans. The commissioner shall implement any federally approved waiver.
Source.
2017, 221:7, eff. July 10, 2017. 2019, 346:421, eff. July 1, 2019. 2022, 323:22, eff. Sept. 6, 2022. 2023, 92:7, eff. Jan. 1, 2024.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:7 - Prohibition on State-Based Health Exchange; Guidelines for Interaction With Federally-Facilitated Health Exchange.

420-N:7 Prohibition on State-Based Health Exchange;  Guidelines for Interaction With Federally-Facilitated Health Exchange. –
I. No New Hampshire state agency, department, or political subdivision shall plan, create, participate in or enable a state-based exchange for health insurance under the Act, or contract with any private entity to do so.
II. State agencies or departments may interact with the federal government with respect to the creation of a federally-facilitated exchange for New Hampshire.
III. Subject to the requirements of this chapter, state agencies or departments may operate specific functions of a federally-facilitated exchange consistent with this subdivision to enable the continuation of traditional areas of state regulation and authority.
IV. State agency activities relating to any federally-facilitated exchange for New Hampshire shall be consistent with the following objectives:
(a) Promoting preservation of the private, commercial delivery of health coverage through carriers and producers to the greatest degree possible under the Act and minimizing interference with the operation of commercial markets.
(b) Minimizing overhead and administrative expenses.
(c) Promoting competition and consumer choice, for example by advocating for allowing all health and dental plans that meet the minimum requirements necessary to be certified as qualified plans under the Act to be offered in the exchange.
(d) Preserving to the greatest extent possible the state's insurance regulatory authority and the state's flexibility in determining Medicaid eligibility standards and program design and operation.
Source.
2012, 231:2, eff. June 18, 2012. 2022, 323:23, eff. Sept. 6, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:8 - Federally-Facilitated Exchange; Authority of the Commissioner.

420-N:8 Federally-Facilitated Exchange;  Authority of the Commissioner. –
I. In the event a federally-facilitated exchange is established for New Hampshire, the commissioner shall retain authority with respect to insurance products sold in New Hampshire on the federally-facilitated exchange to the maximum extent possible by law as provided in title XXXVII, including but not limited to producer and insurer licensing, form and rate approval, reinsurance and other risk-sharing mechanisms, network adequacy, industry assessments, internal grievance standards, external review, and unfair trade practices.
II. Any person who sells, solicits, or negotiates insurance within the meaning of RSA 402-J:3 through a federally-facilitated exchange shall be licensed as a producer under RSA 402-J; provided, that nothing in this subdivision shall prohibit the sale of health coverage by an exchange or health carrier directly to the consumer without the use of a producer. This paragraph shall not be interpreted to require that all navigators as defined under the Act be licensed as producers, but rather that any individual who in fact performs a producer function be licensed, whether or not that person is employed by a navigator.
III. The commissioner may establish standards and training requirements for navigators on a federally-facilitated exchange consistent with section 1311(i) of the Act and regulations implemented under the Act, including provisions to ensure that any private or public entity that is selected as a navigator avoids conflicts of interest and is appropriately qualified to engage in navigator activities.
IV. The commissioner shall, consistent with the requirements of the Act, allow producers to enroll individuals, employers, or employees in qualified health plans offered through a federally-facilitated exchange in this state, including enrollment using Internet websites.
V. The commissioner may adopt rules, pursuant to RSA 541-A, as necessary to perform the duties specified in this section and to protect against adverse selection by creating a level playing field between a federally-facilitated exchange and the commercial health insurance market.
Source.
2012, 231:2, eff. June 18, 2012. 2022, 323:24, eff. Sept. 6, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:9 - Federally-Facilitated Exchange; Authority of the Health and Human Services Commissioner.

420-N:9 Federally-Facilitated Exchange;  Authority of the Health and Human Services Commissioner. –
I. The commissioner of health and human services shall have authority to establish New Hampshire eligibility standards, enrollment procedures, and outreach mechanisms for persons who are enrolled through a federally-facilitated exchange in this state in the Medicaid program under title XIX of the Social Security Act or the Children's Health Insurance Program (CHIP) under title XXI of the Social Security Act.
II. The commissioner of health and human services may establish navigator guidelines for New Hampshire consistent with section 1311(i) of the Act, and regulations implemented under the Act, to ensure that navigators are qualified to reach and assist the Medicaid-eligible and other populations served by a federally-facilitated exchange in New Hampshire.
III. The commissioner of health and human services may adopt rules, pursuant to RSA 541-A, as necessary to fulfill the purposes of this subdivision.
Source.
2012, 231:2, eff. June 18, 2012. 2022, 323:25, eff. Sept. 6, 2022.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-N - Federal Health Care Reform 2010 › Section 420-N:10 - Repealed by 2020, 37:52, eff. Sept. 27, 2020.

420-N:10 Repealed by 2020, 37:52, eff. Sept. 27, 2020. –
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:1 - Purpose and Scope.

420-O:1 Purpose and Scope. –
I. The purpose of this chapter is to set forth standards and procedures for not-for-profit private and public institutions of higher education which provide 4 year bachelor's degree programs and graduate or professional degree programs, and which have a history of providing for the health insurance needs of their students by implementing self-funded student health benefit plans, to obtain authorization to continue this practice.
II. This chapter shall apply only to self-funded student health benefit plans, not to fully-insured student major medical expense coverage, which is governed by RSA 415:19-a and other applicable provisions of Title XXXVII. Nothing in this chapter shall be construed to prohibit an educational institution from purchasing fully-insured student health coverage offered pursuant to RSA 415:19-a.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:2 - Definitions.

420-O:2 Definitions. –
In this chapter:
I. "Commissioner" means the insurance commissioner.
II. "Plan document" means evidence of coverage furnished to a student that sets forth all benefits and terms and conditions, with regard to a student health plan.
III. "Qualified actuary" means an actuary who is a member in good standing of the American Academy of Actuaries or Society of Actuaries, with experience in establishing rates for self-insured trusts providing health benefits or other similar experience.
IV. "Institution of higher education" or "institution" means an educational institution in New Hampshire that:
(a) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who have completed a secondary school education in a home school setting that is treated as a home school or private school under the laws of this state;
(b) Is legally authorized within New Hampshire to provide a program of education beyond secondary education;
(c) Provides an educational program for which the institution awards a bachelor's degree, graduate degree, or professional degree;
(d) Is a public or other nonprofit institution;
(e) Is accredited by a nationally recognized accrediting agency or association; and
(f) Has a history of providing for the health insurance needs of its students through a self-funded student health benefit plan.
V. "Student" means a person enrolled in a degree program in an institution of higher education and may include a postdoctoral fellow.
VI. "Student health plan" or "plan" means any self-funded plan established or maintained by an institution of higher education for the purpose of providing medical, surgical, or hospital services to a student, the student's spouse or domestic partner, the student's child or children, or other persons chiefly dependent upon the student for support and maintenance.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:4 - Minimum Loss Ratio; Reporting.

420-O:4 Minimum Loss Ratio;  Reporting. –
I. A plan under this chapter shall have an expected loss ratio of not less than 85 percent. In reviewing a rate filing or application by a plan, the commissioner may modify the expected minimum loss ratio requirement if the commissioner determines the modification to be in the interests of the people of this state or if the commissioner determines that a modification is necessary to maintain plan solvency.
II. No later than 120 days after the close of a plan's fiscal year, a plan shall annually report the actual loss ratio for the previous plan fiscal year in a format acceptable to the commissioner. If the expected loss ratio is not met, the commissioner may direct the plan to take corrective action. Mandatory uniform student administrative health fees paid by the students irrespective of whether the student is a plan member to an institution shall not be deemed to be included in the premiums paid by students for health benefit coverage under a plan.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:5 - Reserves.

420-O:5 Reserves. –
I. An institution shall establish reserves with the amounts necessary to satisfy all contractual obligations and liabilities of the plan, including:
(a) Funds for the payment of claims and expenses thereon reported but not yet paid, and claims and expenses thereon incurred but not yet reported, which shall not be less than an amount equal to 25 percent of expected incurred claims and expenses thereon for the current plan year, unless a qualified actuary has demonstrated to the commissioner's satisfaction that a lesser amount shall be adequate.
(b) Funds for unearned premium equivalents, computed pro-rata on the basis of the unexpired portion of the policy period.
(c) Contingency funds, established and maintained for the sole purpose of satisfying unexpected obligations of the plan in the event of termination of the plan.
II. The reserve statement shall be prepared by a qualified actuary. If at any time the reserve funds required to be established pursuant to this section fall below the required minimum amounts, then the institution shall immediately notify the commissioner of such impairment. The institution shall cure the impairment within 5 business days.
III. The plan's assets, liabilities, income, and expenses shall be accounted for separate and apart from all other assets, liabilities, income, and expenses of the institution.
IV. The requirements for funding of the plan's reserves shall be calculated using generally accepted accounting principles. Only those expenses that relate to the plan shall be included in calculating the requirements for funding of the plan's reserve funds. Expenses allocated to the plan shall be allocated on an equitable basis in conformity with generally accepted accounting principles consistently applied. The books, accounts, and records of the plan shall be maintained to clearly and accurately disclose the nature and details of all expenses to support the reasonableness of such expenses.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:6 - Annual Report.

420-O:6 Annual Report. –
I. Within 120 days of the close of its fiscal year, an institution of higher education operating under a certificate of authority issued under this chapter shall file with the commissioner a report that contains:
(a) An annual financial statement, verified by the oath of the chief financial officer and at least one of the institution's principal officers with direct knowledge of the operations of the student health plan, showing the financial condition of the plan during the most recent fiscal year, in accordance with law and generally accepted accounting principles, in a form prescribed by the commissioner.
(b) The identity of the qualified actuary utilized by the institution or plan and the amount paid to the qualified actuary by the institution or plan during its most recent fiscal year.
(c) The identities of all vendors involved in plan administration during its most recent fiscal year.
(d) The name and contact information of the person or entity appointed by the institution to administer the student health plan.
(e) A pro-forma statement of projected revenue and expenses for health benefits anticipated by the plan for the next 12-month period of the plan's operation, provided on a fiscal year basis.
(f) A detailed report of the operations and condition of the plan's reserve funds.
(g) Such other information as the commissioner may require.
II. The annual financial statement shall show the financial results of the student health plan operations and a description as to how the institution meets the reserve requirements in RSA 420-O:5, I, the method used to calculate the reserves, and the change in the reserves from the beginning of the plan's fiscal year to the end of the plan's fiscal year. In addition, the annual financial statement shall detail the assets comprising the reserve fund to demonstrate compliance with RSA 420-O:5, I.
III. An institution that fails to file any report or statement required by this chapter, or fails to reply within 30 days to a written inquiry by the commissioner in connection therewith shall, in addition to other penalties provided by this title, be subject, upon due notice and opportunity to be heard, to a penalty of up to $1,000 per day of delay, not to exceed $25,000 in the aggregate, for each such failure.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:7 - Examination.

420-O:7 Examination. –
The commissioner may, pursuant to RSA 400-A:37, make an examination into the affairs of any institution, with regard to a student health plan issued by the institution, as often as the commissioner deems it expedient for the protection of the interests of the people of New Hampshire. The expenses of every examination of the affairs of an institution, with regard to a student health plan established or maintained by the institution, shall be borne and paid by the institution so examined. The expenses of examination shall include reimbursement for the compensation paid for the services of persons employed by the commissioner or by the commissioner's authority to make such examination, and for the necessary traveling and living expenses of the person or persons making the examination.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:8 - Investigations; Subpoenas.

420-O:8 Investigations;  Subpoenas. –
The commissioner may make such investigations as he or she deems necessary both within and outside the state in accordance with the provisions of RSA 400-A:16 and RSA 400-A:20-22.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:9 - Suspension or Revocation of Certificate of Authority.

420-O:9 Suspension or Revocation of Certificate of Authority. –
I. The commissioner may suspend or revoke a certificate of authority issued to an institution under this chapter upon a finding, after notice and hearing, that the institution has failed to comply with any requirement imposed on it under this chapter or necessary to maintain minimum essential coverage status and that in the commissioner's judgment such suspension or revocation is reasonably necessary to protect the interests of the people of this state, including:
(a) For any cause that would be a basis for denial of an initial application for such a certificate;
(b) Failure to maintain the reserves required by RSA 420-O:5; or
(c) The commissioner finds that the institution has refused to produce its accounts, records, and files for examination or has refused to cooperate or give information with respect to the affairs of the student health plan or to perform any other legal obligation relating to such an examination or investigation when required by the commissioner.
II. Any certificate of authority suspended or revoked under this section shall be surrendered to the commissioner, and the institution shall notify all participating students of that decision in such form and manner as the commissioner may prescribe, but not later than 10 days after receipt of notice of the commissioner's decision requiring suspension or revocation. In addition, the institution shall submit a plan for the commissioner's approval for winding up the plan's affairs in an orderly manner designed to result in timely payment of all benefits, in such form and manner as the commissioner may prescribe.
III. All final decisions to suspend or revoke the certificate of authority with regard to an institution shall be public.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:10 - Termination of Plan.

420-O:10 Termination of Plan. –
I. In any case in which an institution determines that there is a reason to believe that the student health plan will terminate, the institution shall so inform the commissioner at least 60 days prior thereto, and shall file a sworn statement with the commissioner concerning all current and future liabilities under its discontinued plan. The institution also shall submit a plan for the superintendent's approval for winding up the plan's affairs in an orderly manner designed to result in timely payment of all benefits, in such form and manner as the commissioner may prescribe.
II. Any funds of the institution, as they pertain to the student health plan, shall be accounted for separate and apart from all other assets, liabilities, income, and expenses of the institution until all plan benefits and other plan obligations have been satisfied. Until such time, the institution shall continue to maintain and fund the reserve funds required to be established under RSA 420-O:5. If at any time the commissioner determines that additional funds shall be deposited in the reserve funds, then the institution shall make the deposit within 5 days of the commissioner's determination.
III. If, after 24 months, or such longer period as deemed necessary by the commissioner, all plan benefits and other plan obligations have been satisfied, the institution, upon approval by the commissioner, shall no longer be required to maintain assets within the plan's reserve funds.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:11 - Administrative Rules.

420-O:11 Administrative Rules. –
The commissioner may adopt rules under RSA 541-A necessary to implement the provisions of this chapter and to ensure that the plans established under this chapter are in the best interests of the students, students' spouses, students' children, and other persons chiefly dependent upon the students for support and maintenance.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-O - Self-Funded Student Health Benefit Plans › Section 420-O:12 - Penalties.

420-O:12 Penalties. –
Any institution of higher education that violates this chapter shall be subject to the penalties set forth in RSA 400-A:15 or such other section of the insurance code as may be applicable, including but not limited to RSA 420-J and RSA 417.
Source.
2016, 257:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:2 - Purpose and Scope.

420-P:2 Purpose and Scope. –
I. This chapter establishes the exclusive state standards applicable to licensees for data security, the investigation of a cybersecurity event, as defined in RSA 420-P:3, IV, and notification to the commissioner.
II. This chapter shall not be construed to create or imply a private cause of action for violation of its provisions nor shall it be construed to curtail a private cause of action which would otherwise exist in the absence of this chapter.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:5 - Investigation of a Cybersecurity Event.

420-P:5 Investigation of a Cybersecurity Event. –
I. If the licensee learns that a cybersecurity event has or may have occurred, the licensee or an outside vendor and/or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation.
II. During the investigation, the licensee, or an outside vendor and/or service provider designated to act on behalf of the licensee, shall, at a minimum determine as much of the following information as possible:
(a) Whether a cybersecurity event has occurred.
(b) The nature and scope of the cybersecurity event.
(c) Identify any nonpublic information that may have been involved in the cybersecurity event.
(d) Perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control.
III. If the licensee learns that a cybersecurity event has or may have occurred in a system maintained by a third-party service provider, the licensee shall complete the steps listed in paragraph II above or confirm and document that the third-party service provider has completed those steps.
IV. The licensee shall maintain records concerning all cybersecurity events for a period of at least 5 years from the date of the cybersecurity event and shall produce those records upon demand of the commissioner.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:7 - Power of Commissioner.

420-P:7 Power of Commissioner. –
I. The commissioner shall have power to examine and investigate the affairs of any licensee to determine whether the licensee has been or is engaged in any conduct in violation of this chapter. This power is in addition to the powers which the commissioner has under RSA 400-A:16 and RSA 400-A:37. Any such investigation shall be conducted pursuant to RSA 400-A:16 and any examination shall be conducted pursuant to 400-A:37.
II. Whenever the commissioner has reason to believe that a licensee has been or is engaged in conduct in this state which violates this chapter, the commissioner may take action that is necessary or appropriate to enforce the provisions of this chapter.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:9 - Exceptions.

420-P:9 Exceptions. –
I. The following exceptions shall apply to this chapter:
(a) A licensee with fewer than 20 employees, including any independent contractors, shall be exempt from RSA 420-P:4.
(b) An employee, agent, representative, or designee of a licensee, who is also a licensee, shall be exempt from RSA 420-P:4 and need not develop its own program to the extent that the employee, agent, representative, or designee is covered by the information security program of the other licensee.
(c) A continuing care retirement community, as defined by RSA 420-D, shall be exempt from RSA 420-P:4.
(d) A life settlement provider, as defined by RSA 408-D, shall be exempt from RSA 420-P:4.
(e) A licensee that is a bank or a credit union, as defined in RSA 383-A:2-201, that has established and maintains programs and procedures regarding administrative, technical, and physical safeguards for customer information that are prescribed by section 501(b) of the Gramm-Leach-Bliley Act, 15 U.S.C. section 6801 et seq. and by section 216 of the Fair and Accurate Credit Transaction Act of 2003, and that is subject to examination by its federal regulatory authorities, shall be exempt from RSA 420-P:4, and those provisions of this chapter that apply to a bank or credit union apply only to the extent that it involves insurance. Notification to affected consumers for security breaches relating to insurance business shall be made consistent with the requirements of the Gramm-Leach-Bliley Act. Notification to the commissioner shall be made consistent with that received by federal regulatory authorities.
(f) A motor vehicle retail seller or a motor vehicle sales finance company, as defined in RSA 361-A, shall be exempt from RSA 420-P:4, and those provisions of this chapter that apply to a motor vehicle retail seller or a motor vehicle sales finance company apply only to the extent that it involves insurance. Notification to affected consumers for security breaches relating to the insurance business shall be made consistent with the requirements of the Gramm-Leach Bliley Act. Notification to the commissioner shall be made consistent with that received by federal regulatory authorities.
(g) A vendor, as defined under RSA 402-K:1, shall be exempt from this chapter.
II. A licensee which ceases to qualify for an exception under this section shall have 180 days to comply with RSA 420-P:4.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:10 - Safe Harbor for HIPAA Compliance.

420-P:10 Safe Harbor for HIPAA Compliance. –
A licensee that is in possession of protected health information subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and that has established and maintains programs and procedures regarding information privacy, security, and breach notification that are prescribed by HIPAA and by Parts 160 and 164 of Title 45 of the Code of Federal Regulations established pursuant to HIPAA, shall be considered to meet the requirements of this chapter with respect to such protected health information, provided that the licensee is compliant with the HIPAA privacy, security, and breach notification requirements and submits a written statement certifying such compliance. Furthermore, to the extent a licensee maintains other nonpublic information concerning a consumer in the same manner as protected health information, it shall be considered to meet the requirements of this chapter with respect to such nonpublic information, provided the licensee submits a written statement that it does maintain and protect other nonpublic information as it does protected health information. However, any licensee subject to this HIPAA safe harbor shall continue to be subject to, and shall comply with, the commissioner notification requirements of RSA 420-P:6, I and II. For purposes of this section, the definition of "protected health information" shall be as set forth in HIPAA and the regulations promulgated thereunder and shall be considered to be a subset of nonpublic information, as defined in RSA 420-P:3, XI.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:11 - Safe Harbor for New York Regulatory Compliance.

420-P:11 Safe Harbor for New York Regulatory Compliance. –
A licensee that is in compliance with N.Y. Comp. Codes R. __ampersand__ Regs. Title 23, section 500, Cybersecurity Requirements for Financial Services Companies, effective March 1, 2017, shall be considered to meet the requirements of this chapter, provided that the licensee submits a written statement to the commissioner certifying such compliance. However, any licensee subject to this New York Regulatory Safe Harbor shall continue to be subject to, and shall comply with, the investigation requirements of RSA 420-P:5, the commissioner notification requirements of RSA 420-P:6, I and II, and the consumer notification requirements of RSA 420-P:6, III.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:12 - Penalties.

420-P:12 Penalties. –
A licensee which violates this chapter may be penalized in accordance with RSA 400-A:15, III.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:13 - Rulemaking.

420-P:13 Rulemaking. –
The commissioner may adopt rules pursuant to RSA 541-A as necessary to carry out the provisions of this chapter.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-P - Insurance Data Security Law › Section 420-P:14 - Severability.

420-P:14 Severability. –
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.
Source.
2019, 309:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-Q - Electronic Delivery of Insurance Documents and Notices › Section 420-Q:1 - Purpose and Scope.

420-Q:1 Purpose and Scope. –
The purpose of this chapter is to set forth standards and procedures for electronic delivery of insurance documents and notices in a manner that will promote efficient delivery while maintaining consumer protection.
Source.
2021, 57:5, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title XXXVII - Insurance › Chapter 420-Q - Electronic Delivery of Insurance Documents and Notices › Section 420-Q:2 - Delivery Standards and Procedures.

420-Q:2 Delivery Standards and Procedures. –
I. Subject to the requirements of this section, any notice to a party or any other document required by law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if the electronic means meet the requirements of the RSA 294-E.
II. Delivery of a notice or document in accordance with this section shall be considered equivalent to and have the same effect as any delivery method required by law, including delivery by first class mail, first class mail with postage prepaid, certified mail, certificate of mail, or certificate of mailing.
III. A notice or document may be delivered by electronic means by an insurer to a party pursuant to this section if the following applies:
(a) The party has affirmatively consented electronically, or confirmed consent electronically, in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for notices or documents delivered by electronic means to which the party has given consent, and the party has not withdrawn the consent.
(b) The party, before giving consent, is provided with a clear and conspicuous statement informing the party of all of the following:
(1) The hardware and software requirements for access to and retention of a notice or document delivered by electronic means.
(2) The types of notices and documents to which the party's consent would apply.
(3) The right of the party to withdraw consent to have a notice or document delivered by electronic means, at any time, and any conditions or consequences imposed in the event consent is withdrawn.
(4) The procedures a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update the party's electronic mail address.
(5) The right of a party to have a notice or document delivered, upon request, in paper form.
IV. An insurer shall take all measures reasonably calculated to ensure that delivery by electronic means results in receipt of the notice or document by the party.
Source.
2021, 57:5, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title XXXVIII - Securities › Chapter 421-A - Disclosure of Security Takeovers › Section 421-A:3 - Requirement of Financial Disclosure.

421-A:3 Requirement of Financial Disclosure. –
No offeror shall make a takeover bid unless as soon as practicable on the date of commencement of the takeover bid the offeror files with the secretary of state and the target company a registration statement containing the information required by RSA 421-A:4 and publicly discloses the material terms of the offer, including the total number and class of securities sought in the offer and the type and amount of consideration offered to security holders. The registration statement filed with the secretary of state shall be accompanied by such fees as may be prescribed under RSA 421-A:9. The offeror shall provide the target company with any amendments or revisions to the registration statement at the same time that such amendments or revisions are filed with the secretary of state.
Source.
1977, 20:1. 1983, 144:3. 1988, 62:13. 1991, 355:89, I. 1992, 288:31. 2003, 156:17, eff. Aug. 16, 2003.
2023 New Hampshire Revised Statutes › Title XXXVIII - Securities › Chapter 421-A - Disclosure of Security Takeovers › Section 421-A:5 - Scheduling of Public Hearing.

421-A:5 Scheduling of Public Hearing. –
Within 20 days after the filing of a registration statement pursuant to this chapter, the secretary of state shall commence his investigation and order a hearing, if he determines a hearing is necessary or appropriate for the protection of offerees in this state, for the purpose of determining compliance with the requirements of this chapter and whether the offeror has provided full and fair disclosure to the offerees of all material information concerning the takeover bid including the filing of a complete and accurate registration statement. Any hearing shall include the offeror and the target company as parties, and shall commence within 25 days after the filing of a registration statement.
Source.
1977, 20:1. 1983, 144:4. 1988, 62:13. 1991, 355:89, I. 1992, 288:31. 2003, 156:19, eff. Aug. 16, 2003.
2023 New Hampshire Revised Statutes › Title XXXVIII - Securities › Chapter 421-A - Disclosure of Security Takeovers › Section 421-A:6 - Prohibition of Takeover Bid.

421-A:6 Prohibition of Takeover Bid. –
I. In the event the secretary of state shall schedule a public hearing or hearings or otherwise conduct an investigation pursuant to RSA 421-A:5, the secretary of state shall issue an order prohibiting an offeror from making or continuing with any takeover bid. Every person shall comply with every such order.
II. Following completion of a hearing pursuant to RSA 421-A:5 or the conclusion of his investigation conducted pursuant to such section, but in no event later than 55 days after the filing of a registration statement, the secretary of state shall determine whether the requirements of this chapter have been met and shall issue an order containing his conclusions and the reasons therefor. If the requirements of this chapter have been met, such order shall authorize the making or continuation of the takeover bid. If the secretary of state finds the requirements of this chapter have not been met, he shall by order prohibit the making or continuation of any takeover bid until such time as full compliance has been accomplished.
Source.
1977, 20:1. 1983, 144:5. 1988, 62:13. 1991, 355:89, I. 1992, 288:31, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXVIII - Securities › Chapter 421-A - Disclosure of Security Takeovers › Section 421-A:7 - Tender and Withdrawal of Shares.

421-A:7 Tender and Withdrawal of Shares. –
I. Securities deposited pursuant to a tender offer or request or invitation for tenders may be withdrawn by an offeree or his attorney-in-fact by demand in writing to the offeror or the depository within 15 business days from the date of commencement of such offer.
II. If an offeror makes a tender offer or request or invitation for tenders for less than all the outstanding equity securities of any class and if the number of securities deposited or tendered pursuant to the offer is greater than the number the offeror has offered to accept and pay for, the securities deposited within 10 days of the date of commencement of such tender offer or request or invitation for tenders or within 10 days from the date that notice of an increase in the consideration offered is first published, sent or given to security holders shall be accepted pro rata, disregarding fractions, according to the number of securities deposited or tendered by each offeree.
III. If an offeror varies the term of a tender offer or request or invitation for tenders before its expiration date by increasing the consideration offered to the offerees, the offeror shall pay the increased consideration for all equity securities accepted, whether the securities have been accepted by the offeror before or after the variation in the terms of the offer.
IV. An offeror may not make a tender offer or request or invitation for tenders involving a target company which is not made to the holders of equity securities of the target company residing in the state on the same terms as such tender offer or request or invitation for tenders is made to holders of such securities not residing within this state.
Source.
1977, 20:1. 1983, 144:6, eff. Aug. 6, 1983.
2023 New Hampshire Revised Statutes › Title XXXVIII - Securities › Chapter 421-A - Disclosure of Security Takeovers › Section 421-A:8 - Fraudulent, Deceptive or Manipulative Practices.

421-A:8 Fraudulent, Deceptive or Manipulative Practices. –
I. No person shall make any untrue statement of a material fact or fail to state any material fact necessary in order to make the statement made, in the light of the circumstances under which they are made, not misleading, nor engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation of security holders in opposition to or in favor of any such offer, request, or invitation. Fraudulent, deceptive or manipulative acts or practices include without limitation those acts and practices prescribed by rules adopted by the secretary of state, pursuant to RSA 541-A, as necessary to carry out the provisions of this chapter.
II. No takeover bid shall be made unless this chapter has been complied with, and no offeror shall make a takeover offer until any administrative or injunctive proceeding brought by the secretary of state against the offeror for violation of this chapter has been finally adjudicated.
III. No offeror shall exercise the voting power of shares acquired after the filing of a registration statement (or without the filing of a registration statement when a registration statement is required) until the issuance of an order of the secretary of state pursuant to RSA 421-A:6.
Source.
1977, 20:1. 1987, 411:13. 1988, 62:8, 13. 1991, 355:89, I. 1992, 288:31, eff. July 1, 1992.