New Hampshire Administrative Code

(a) The board of directors shall be composed of 7 voting representatives appointed by the commissioner from persons nominated by the board. (b) The board of directors shall contain 7 voting representatives nominated as follows: (1) An insurer which is a member of, and nominated b…

(a) The board shall recommend, annually or whenever necessary, one or more members of the association, or a non-member that meets the requirements outlined in Ins 1703.05(b) (3), to act as servicing carriers to be appointed by the commissioner. (b) Servicing carriers shall meet t…

(a) Servicing carriers shall pay losses, receive reimbursement for expenses, and pay commissions on the following basis:(1) The servicing carrier shall pay losses from the association's account as provided in Ins 1703.05(e); (2) The servicing carrier shall be reimbursed as provid…

(a) To the extent possible, losses and expenses of the association shall be paid from premium written on association business, including any amounts earned from the investment of such premium. If these are insufficient, assessments to pay for any deficiency shall be levied as fre…

(a) The trust, established pursuant to Ins 1703.09 shall maintain a stabilization reserve fund. The fund shall be used for payment of any deficit of the association, which is incurred as a result of policies issued prior to January 1, 1986. A deficit shall exist whenever the gene…

(a) The stabilization reserve fund trust shall be managed by the board. (b) The board shall submit a summary of activities of the trust during the previous fiscal year in conjunction with the annual meeting of the association. (c) The fiscal year of the trust shall be determined …

(a) Every insurer or association that has issued policies of medical malpractice liability insurance, unless granted an extension pursuant to RSA 400-A:31 which shall be such insurer's payment date, shall pay on or before March 1 of each year to the New Hampshire medical malpract…

(a) Coverage shall be provided under such policies and forms and subject to such rates, rating plans and classification systems as determined by the board to be at the same level as is provided in the voluntary market. Such coverage shall be on an occurrence or claims-made basis.…

(a) The association shall be subject to examination by the Commissioner in accordance with RSA 400-A:37. (b) The books of account, records, reports, and other documents of the association shall be open to inspection by all other persons, including members, only at such times and …

(a) In the event that after receiving written demand from the board for payment of any assessment, any member fails, for any reason, to pay promptly its portion of any assessment, the board shall report such failure to the commissioner for appropriate action. (b) In the event tha…

(a) The association shall pay on behalf of any person made a party to any action, suit, or proceeding because the person is a member of the board or of a committee of the association, or because the person is an officer or employee of the association, all costs, including the amo…

(a) Any member who claims to have been aggrieved by any alleged failure of the association to comply with Ins 1700 or by any alleged improper act or ruling in the administration of the association may hereby request a formal hearing and ruling by the board, provided that such req…

The purpose of this chapter is to implement RSA 420-D wherein the general court has provided for the regulation of continuing care retirement communities in order to protect the older citizens of the state. Notes N.H. Admin. Code § Ins 1801.01 #4666, eff 8-22-89; ss by #5654, eff…

This chapter shall apply to all continuing care retirement communities. Notes N.H. Admin. Code § Ins 1801.02 #4666, eff 8-22-89; ss by #5654, eff 7-1-93; ss by #7014, eff 7-1-99, EXPIRED: 7-1-07 New. #8991, eff 10-1-07 Amended by Volume XXXV Number 45, Filed November 12, 2015, Pr…

(a) For the purposes of this chapter, the definitions appearing under RSA 420-D:1 shall apply whenever any word or phrase defined under RSA 420-D:1 is used in this chapter. (b) With respect to the following words or phrases used in this rule, but which are not defined under RSA 4…

(a) All CCRCs seeking a certificate of authority shall file an application with the insurance department. (b) In addition to the information specified in (c) below, the following additional information or supporting material shall accompany each application: (1) The disclosure st…

(a) The commissioner shall not revoke or suspend a certificate of authority issued to any CCRC except upon notice and hearing and written findings of fact that one or more of the conditions specified in RSA 420-D:5,I exist. (b) Any hearing which the commissioner shall convene in …

(a) Each CCRC who uses the calendar year as its fiscal year shall submit a report on or before May 1 of each year, detailing its fiscal status as of the close of business on December 31 of the just completed calendar year. (b) Each CCRC who uses an annual period other than the ca…

(a) When a CCRC calculates whether the value of its liquid reserves meets the amount RSA 420-D:8 requires, the CCRC may include the values of the assets listed below: (1) Cash held in an account of a financial institution; (2) The following assets that can be liquidated, based up…

(a) "UC" means unrestricted current and noncurrent cash. (b) "BTHR" means bond or lender held reserve funds. (c) "IN" means investments. (d) "Ex" means operating expenses. (e) "Dep" means depreciation. (f) "Am" means amortization. (g) To calculate days-cash-on-hand, the commissio…

(a) The commissioner shall file a lien on all real and personal property of a CCRC whenever the commissioner has evidence showing that the CCRC has breached its contracts with residents or is engaged in activity which is harmful to residents' physical or mental well-being. Any su…

(a) Escrow accounts established to hold entrance fees pursuant to RSA 420-D:10, I or accounts required by the commissioner to hold liquid reserves, shall comply with each of the following: (1) Escrow account funds shall be kept and maintained in an account separate and apart from…

(a) Documents given to residents and prospective residents, including contracts with residents and disclosure statements, shall: (1) Use language that a person of average intelligence and education can read and understand; (2) Present information in a logical sequence and in a cl…

(a) All contracts between a CCRC and a resident shall be executed on a form which has been previously approved by the commissioner. To obtain approval for the contract form, the CCRC shall provide the commissioner, via email, with a copy of the proposed contract form in PDF forma…

(a) A CCRC shall submit all disclosure statements to the commissioner for prior approval. No CCRC shall distribute a disclosure statement in any manner to prospective residents, residents or residents' authorized representatives, until the commissioner has approved the format of …

(a) Upon each application for a permanent certificate of authority, the applicant shall pay a fee of $800.00 to the state of New Hampshire. (b) Upon each filing of the annual report as required pursuant to Ins 1804, the CCRC shall pay a fee of $800 to the state of New Hampshire. …

(a) The commissioner shall audit the books and records of each licensed CCRC at least once every 5 years. (b) Upon completion of any audit conducted by the commissioner, a written audit report shall be prepared. (c) The audit report shall be submitted to the CCRC audited. The CCR…

(a) When a transfer or sale of interest is proposed, the commissioner shall receive notice pursuant to RSA 420-D. (b) Such notice shall include: (1) A biographical affidavit, described in Ins 1803.01(c), for any proposed new officer, trustee, investor, owner with more than 5% own…

Any person or CCRC violating the provisions of this chapter shall be subject to the provisions of RSA 400-A:15. Notes N.H. Admin. Code § Ins 1812.01 #7014, eff 7-1-99; EXPIRED: 7-1-07 New. #8991, eff 10-1-07 Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #…

(a) The commissioner, upon the commissioner's own initiative or upon request by a provider, shall waive any requirement of this chapter if such waiver does not contradict the objective or intent of the rule and: (1) Applying the rule provision would cause confusion or would be mi…

The purpose of this part is to implement the provisions of RSA 415-A, RSA 420-A and RSA 420-B, to standardize and simplify the terms and coverages of individual accident and health insurance policies and group supplemental health insurance policies and certificates. This part is …

(a) Except as provided in (b) below, this part applies to all individual accident and health policies and group supplemental accident and health insurance policies and certificates, delivered or issued for delivery in this state on and after the effective date of this part, with …

"Group Supplemental Health Insurance" includes any policy, issued to a group in accordance with RSA 415:18, which provides health insurance coverage other than group policies of hospital, surgical or medical expense coverage. This term includes, but is not limited to: certificate…

(a) Except as provided in this part, an individual accident and health policy or group supplemental accident and health insurance policy or certificate delivered or issued for delivery to any person in this state and to which this part applies shall contain definitions respecting…

(a) Except as provided in Ins 1901.04(k), an individual policy shall not contain provisions establishing a probationary or waiting period during which no coverage is provided under the policy, subject to the further exception that a policy may specify a probationary or waiting pe…

The following minimum standards for benefits are prescribed for the categories of coverage noted in the following subsections. An individual accident and health insurance policy or group supplemental health insurance policy shall not be delivered or issued for delivery in this st…

(a) General Rules. (1) All applications for coverages specified in Ins 1901.06(b), (c), (d), (e), (g), (i), (j), (k) and (l) shall contain a prominent statement by type, stamp or other appropriate means in either contrasting color or in boldface type at least equal to the size ty…

Notes N.H. Admin. Code § Ins 1901.08 #1900, eff 1-1-82; ss by #4287, eff 7-1-87; ss by #5656, eff 7-1-93; ss by #7017, INTERIM, eff 7-1-99, EXPIRED: 10-29-99

All health carriers providing 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 on or after January 1, 2010 issue: (a) Printed "John/Jane Doe" member identification cards or benefit guar…

The purpose of this part is to provide for the reasonable standardization of coverage and simplification of benefits of medicare supplement accident and sickness insurance policies and medicare supplement subscriber contracts in order to facilitate the public understanding and co…

(a) Except as provided in paragraph (b) this part shall apply to: (1) All medicare supplement policies and subscriber contracts advertised, solicited, delivered or issued for delivery in this state prior to July 1, 1992; and (2) All certificates issued under group medicare supple…

(a) "Applicant" means: (1) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and (2) In the case of a group medicare supplement policy or subscriber contract, the proposed certificateholder. (b…

No medicare supplement policy subject to this part shall contain definitions or terms respecting the matters set forth herein unless such definitions or terms conform to the requirements of this section as follows: (a) "Accident, "accidental injury," or "accidental means" shall b…

(a) No medicare supplement policy shall limit or exclude coverage by type of illness, accident, treatment, or medical condition, except as follows: (1) Foot care in connection with corns, calluses, flat feet, fallen arches, weak feet, chronic foot strain, or symptomatic complaint…

No policy or certificate shall be advertised, solicited, delivered, or issued for delivery in this state as a medicare supplement policy or certificate unless it meets or exceeds the following minimum standards: (a) Medicare supplement policies and certificates, advertised, solic…

(a) All medicare supplement policies shall include the following general rules: (1) Medicare supplement policies shall include a renewal or continuation provision which shall be consistent with the type of contract issued, captioned, and shall appear on the first page of the poli…

(a) Application forms shall include the following questions designed to elicit information as to whether, as of the date of the application, the applicant has another medicare supplement policy or certificate in force or whether a medicare policy or certificate is intended to rep…