New Hampshire Administrative Code

The purpose of this part is to establish standards for the disclosures required to be issued by life insurers pursuant to RSA 408-D:8. Notes N.H. Admin. Code § Ins 312.01 #9937, eff 6-6-11 Amended by Volume XXXIX Number 19, Filed May 9, 2019, Proposed by #12772, Effective 6/6/201…

This part shall apply to all licensed writers of life insurance in this state. Notes N.H. Admin. Code § Ins 312.02 #9937, eff 6-6-11 Amended by Volume XXXIX Number 19, Filed May 9, 2019, Proposed by #12772, Effective 6/6/2019, Expires 6/6/2029.

The definitions in RSA 408-D:2 shall apply to this part. Notes N.H. Admin. Code § Ins 312.03 #9937, eff 6-6-11 Amended by Volume XXXIX Number 19, Filed May 9, 2019, Proposed by #12772, Effective 6/6/2019, Expires 6/6/2029.

(a) A life insurer disclosure to policyholders shall be issued and delivered to every policyholder of individual life insurance residing in New Hampshire regardless of whether the life insurance policy was delivered or issued for delivery in this state. (b) The life insurer discl…

(a) The commissioner, upon the commissioner's own initiative or upon request by an insurer, shall waive any requirement of this part 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 misle…

(a) This rule governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the state insurance department. This rule: (1) Requires a licensee to provide notice to individuals about its privacy po…

(a) This rule applies to: (1) Nonpublic personal financial information about individuals who obtain or are claimants or beneficiaries of products or services primarily for personal, family, or household purposes from licensees. This rule does not apply to information about compan…

The examples in this rule and the sample clauses in Appendix A and the Federal Model Privacy Form in Appendix B of this rule are not exclusive. Compliance with an example or use of a sample clause or the Federal Privacy Model Form, to the extent applicable, constitutes compliance…

As used in this rule, unless the context requires otherwise: (a) "Affiliate" means any company that controls, is controlled by, or is under common control with another company. (b) (1) "Clear and conspicuous" means that a notice is reasonably understandable and designed to call a…

(a) Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to: (1) Customer. An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relatio…

(a) (1) General rule. A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of 12 con…

(a) General rule. The initial, annual and revised privacy notices that a licensee provides under Ins 3002.01, Ins 3002.02, and Ins 3002.05 shall include each of the following items of information, in addition to any other information the licensee wishes to provide, that applies t…

(a) (1) Form of opt out notice. If a licensee is required to provide an opt out notice under Ins 3003.01(a), it shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under that section. The notice shall state: a. That …

(a) General rule. Except as otherwise authorized in this rule, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the lice…

Unless a licensee is providing privacy notices directly to covered individuals described in Ins 3001.04(f)(2)e.1., 2., or 3., a licensee shall provide initial, annual and revised notices to the plan sponsor, group or blanket insurance policyholder or group annuity contractholder,…

(a) How to provide notices. A licensee shall provide any notices that this rule requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. (b) (1) Examples of reasonable expectation of actual notice. A…

(a) (1) Conditions for disclosure. Except as otherwise authorized in this rule, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless: a. The licensee has provided to the…

(a) (1) Information the licensee receives under an exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in Ins 3004.02 or Ins 3004.03 of this rule, the licensee's disclosure and use of that inform…

(a) General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to…

(a) General rule: (1) The opt out requirements in Ins 3002.04 and Ins 3003.01 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf, if the licensee:…

(a) Exceptions for processing transactions at consumer's request. The requirements for initial notice in Ins 3002.01(a)(2), the opt out in Ins 3002.04 and Ins 3003.01 and service providers and joint marketing in Ins 3004.01 do not apply if the licensee discloses nonpublic persona…

(a) Exceptions to opt out requirements. The requirements for initial notice to consumers in Ins 3002.01(a)(2), the opt out in Ins 3002.04 and Ins 3003.01, and service providers and joint marketing in Ins 3004.01 do not apply when a licensee discloses nonpublic personal financial …

(a) A licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed. (b) Nothing in this section shall prohibit…

(a) A valid authorization to disclose nonpublic personal health information pursuant to this section shall be in written or electronic form and shall contain all of the following: (1) The identity of the consumer or customer who is the subject of the nonpublic personal health inf…

A request for authorization and an authorization form may be delivered to a consumer or a customer as part of an opt-out notice pursuant to Ins 3002.06, provided that the request and the authorization form are clear and conspicuous. An authorization form is not required to be del…

Irrespective of whether a licensee is subject to the federal Health Insurance Portability and Accountability Act privacy rule as promulgated by the U.S. Department of Health and Human Services (the "federal rule"), if a licensee complies with all requirements of the federal rule …

Nothing in this subpart shall preempt or supersede existing state law related to medical records, health or insurance information privacy. Notes N.H. Admin. Code § Ins 3005.05 #7500, eff 7-1-01, EXPIRED: 7-1-09 New. #9922, eff 5-6-11 Amended by Volume XXXIX Number 16, Filed April…

Nothing in this rule shall be construed to modify, limit, or supersede the operation of the federal Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.), and no inference shall be drawn on the basis of the provisions of this rule regarding whether information is transaction or exp…

(a) A licensee shall not unfairly discriminate against any consumer or customer because that consumer or customer has opted out from the disclosure of his or her nonpublic personal financial information pursuant to the provisions of this rule. (b) A licensee shall not unfairly di…

A violation of this rule shall be subject to the penalty provisions of RSA 400-A:15, III and RSA 417:13. Notes N.H. Admin. Code § Ins 3006.03 #7500, eff 7-1-01, EXPIRED: 7-1-09 New. #9922, eff 5-6-11 Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12749, Eff…

(a) The commissioner, upon the commissioner's own initiative or upon request by an insurer, 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 require insurers, advisory organizations, nonprofit service organizations, health maintenance organizations, fraternal benefit societies, or their authorized filing agent(s) or representative(s), to submit all rates, forms, rule submissions or filin…

This part shall apply to all submissions or filings of insurance forms, rules, rates, including property and casualty loss costs, and experience reports, including accident and health actuarial certifications, policy experience exhibits and credit insurance experience reports, re…

(a) "EFT" means electronic funds transfer. (b) "NAIC" means the national association of insurance commissioners. (c) "SERFF" means the NAIC system for electronic rate and form filing. Notes N.H. Admin. Code § Ins 3101.03 #5651, eff 7-1-93; ss by #6968, eff 3-26-99, EXPIRED: 3-26-…

(a) All insurance companies submitting rate, loss costs, and form filings submissions shall comply with the New Hampshire insurance department's requirements for the type of insurance for which the companies are submitting. (b) All life, accident, and health submissions or filing…

(a) The commissioner, upon the commissioner's own initiative or upon request by an insurer, shall waive any requirement of this part 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 misle…

The purpose of this rule is to authorize and regulate the solicitation and sales of insurance products and services by financial institutions, protect the insurance buying public, and, maintain parity between state and federally chartered financial institutions as provided for by…

(a) A financial institution or individual shall apply for a license to engage in one or more of the following: (1) Soliciting individuals to purchase insurance. Soliciting means recommending or selling specific insurance products or services. Soliciting shall not include the cler…

(a) A financial institution shall apply for a license on the insurance department application form. (b) Along with the application, the applicant shall provide the following: (1) A certified copy of its charter; (2) An officer's certification of a board resolution authorizing the…

Financial institutions shall offer only insurance products of insurance companies licensed and authorized or approved to do business in New Hampshire. Notes N.H. Admin. Code § Ins 3202.03 #7064, eff 7-24-99

(a) A licensed financial institution may directly employ a licensed insurance agent or own a subsidiary, all or part of which is an insurance agency. (b) The financial institution may contract with third parties to assist the financial institution agency's sales activities. (c) A…

(a) A financial institution may apply for a license to sell insurance if the financial institution and employees actively engage in the business of insurance and have complied with all the licensing requirements of the insurance department. (b) A licensed financial institution th…

(a) A financial institution shall have experienced and qualified personnel to conduct the insurance sales program in a manner that provides customers with proper advice and accurate information. (b) Licensed employees shall satisfy the continuing education requirements in Ins 130…

(a) An independent agent or insurance agency may lease, rent, or otherwise occupy space in an unlicensed financial institution subject to the following conditions: (1) The dollar amount of rent shall be fixed and shall not be based on a percentage of premium income or otherwise t…

(a) Commissions shall not be paid to, or shared with, an individual or business entity, including but not limited to a financial institution, which is not licensed as an insurance agent or broker in New Hampshire. (b) Non-licensed individuals or business entities shall not be awa…

Only licensed employees of a financial institution shall, directly or indirectly receive any compensation or consideration from an insurance agent or broker, insurance agency, insurance company, or a financial institution, based upon referral of potential insurance purchases to, …

A financial institution shall not offer special benefits, such as rebates or discounts on insurance in violation of RSA 417:4, IX(a), RSA 402:39, or RSA 402:40 or any other provisions of law. Notes N.H. Admin. Code § Ins 3203.07 #7064, eff 7-24-99