New Hampshire Administrative Code

The purpose of this chapter is to set forth the manner of reporting data by insurers to statistical agents, to prescribe reports to be submitted by statistical agents to the commissioner, and to prescribe certain conduct in connection therewith. This chapter does not apply to dat…

This chapter shall apply to all lines of insurance except life insurance, variable annuities, accident and health insurance, title insurance, reinsurance, ocean marine insurance and aviation insurance. Notes N.H. Admin. Code § Ins 801.02 #4468, eff 8-5-88; ss by #5649, eff 7-1-93…

(a) "NAIC Statistical Handbook or Handbook" means the publication of the National Association of Insurance Commissioners (NAIC) that explains insurance statistical data and provides reporting requirements and report formats to be regularly furnished by statistical agents. (b) "St…

To be designated to collect statistics from insurers for purposes of fulfilling the statistical reporting requirements of this chapter, any entity other than a licensed advisory organization shall be subject to the same examination provisions as licensed advisory organizations. N…

Every statistical agent shall file with the commissioner every statistical plan and every modification that it proposes to use to collect statistics to meet the requirements of this chapter. Such statistical plan filings shall be deemed to meet the requirements of this chapter un…

Every insurance company licensed in this state shall report its insurance statistical experience for lines of insurance covered by this chapter to a statistical agent designated by the commissioner. This data shall be submitted in accordance with statistical plans approved in acc…

For every line of insurance that it collects statistics in this state, every statistical agent shall, at a minimum, collect statistics and file reports and compilations in the form and detail provided in the NAIC Statistical Handbook, edition date 2012 unless otherwise specified …

For lines of insurance where more than one statistical agent has been designated and collects statistics in this state, the statistical agents shall, if so directed by the commissioner, arrange to file combined reports for all statistical agents collecting data for the affected l…

Statistical agents shall adopt edit and control procedures to screen and check data for reasonableness, apparent accuracy and completeness. These procedures shall, at a minimum, conform to the specifications provided in the NAIC Statistical Handbook, unless otherwise specified by…

Insurers shall adopt edit and audit procedures to screen and check data required by this chapter to be reported to see that such data meets the standards for reasonableness and accuracy provided in the NAIC Statistical Handbook, edition date 2012 unless otherwise specified by the…

Revisions to the Statistical Handbook shall apply upon the commissioner's notification to insurers or statistical agents of the adoption of the revisions and their effective date. Statistical agents shall notify insurers that report to them of any changes that affect data collect…

Statistical reports shall each contain a listing of insurers whose data are included. In addition, if data from an insurer or insurers that had agreed to have data included are, in fact, not included, then a listing of these insurers shall also be made with the statistical report…

The commissioner shall have access to all statistical data that have been collected by statistical agents for the purpose of fulfilling the requirements of this rule. Upon request by the commissioner, the statistical agent shall provide a copy of any report that it produces from …

When data submitted to the insurance department by a statistical agent identify individual insurers, appear likely to identify individual claimants or insureds, or are asserted by the statistical agent or a reporting insurer to be subject to protection from disclosure, such data …

(a) Upon application by a statistical agent or an individual insurer, the commissioner may allow the submission of a report or statistical data at a specified later date if the submission of the report or data on the date required by this chapter would create a substantial hardsh…

Any licensed insurer writing any line of insurance not exempted in Ins 801.02 that finds or believes to have found that it is writing a line or type of insurance for which no statistical agent will accept data shall notify the commissioner of this fact as soon as practicable. Not…

Failure to file the information required under this chapter in accordance with a statistical plan adopted by the commissioner shall result in a penalty in accordance with the provisions of RSA 412:40. Notes N.H. Admin. Code § Ins 801.17 Derived from Volume XXXVI Number 01, Filed …

Ins 8000 shall apply to all individual and group policies and certificates that provide coverage for family and medical leave wage replacement benefits ("FMLI") issued for delivery in this state on and after the initial effective date of this part. Any policy or certificate of an…

(a) "Adverse benefit determination" means a denial, reduction, termination of, or a failure to provide or make payment, in whole or in part, for a benefit, including any such denial, reduction, termination of, or failure to provide or make payment that is based on a determination…

(a) All policies shall provide wage replacement benefits that pay a minimum of 60% of the insured's average weekly wage for absence from employment for at least the following reasons: (1) To care for the insured's parent, spouse, or child who has a serious health condition; (2) B…

(a) Every policy or certificate shall contain a provision for the payment of any benefits due to an insured that are unpaid at the time of the insured's death to be payable to the beneficiary designated, or if none are designated, to the estate of the individual. The provision sh…

(a) No policy shall contain a provision that the leave period shall be considered to commence with the date on which written notice is actually received by the insurer. (b) A policy shall not limit, reduce, or exclude coverage by type of sickness, accident, treatment, or medical …

(a) Health carriers that offer FMLI shall establish and maintain reasonable procedures governing the filing of benefit claims, notification of benefit determinations, and appeal of adverse benefit determinations, hereinafter collectively referred to as claims procedures. (b) Indi…

The following disclosures shall be conspicuously placed on the front page of the policy and certificate: (a) A statement of whether the policy is conditionally renewable, guaranteed renewable, or non-cancellable; (b) For policies or certificates that do not provide medical leave …

An outline of coverage, in the format and sequence prescribed below, shall be issued in connection with policies meeting the standards of Ins 8000: "[COMPANY NAME] FAMILY [AND MEDICAL] LEAVE WAGE REPLACEMENT COVERAGE OUTLINE OF COVERAGE (1) Read Your Policy Carefully-This outline…

Rates associated with FMLI coverage shall be reviewed and approved in accordance with Part Ins 4100 or as otherwise indicated under applicable New Hampshire law. Notes N.H. Admin. Code § Ins 8001.09 Derived from Number 2, Filed January 12, 2023, Proposed by #13499, Effective 11/3…

(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 provisions of this part shall apply to all reports, statements, and other documents filed with or provided to the insurance department or issued to the public in connection with the business of insurance. Notes N.H. Admin. Code § Ins 901.01 #1900, eff 1-1-82; ss by #4287, eff…

(a) "Qualified actuary" means an actuary who meets the relevant qualification standards promulgated by the American Academy of Actuaries for the report, statement or document made by the actuary. Notes N.H. Admin. Code § Ins 901.02 #1900, eff 1-1-82; ss by #4287, eff 7-1-87; ss b…

(a) No person shall represent himself or herself as an actuary to the insurance department unless such person is a qualified actuary. (b) No person shall make any representation to the insurance department in which the term "actuary" or "actuarial" is used to indicate a degree of…

The provisions of this part shall apply to rate filings for classes of insurance that are now or shall hereafter be written in this state, submitted to the commissioner. Notes N.H. Admin. Code § Ins 902.01 #4498(E), eff 9-30-88; ss by #4576, eff 2-6-89; ss by #5649, eff 7-1-93; s…

The commissioner shall, for the purpose of examining and analyzing rate filings contract with a qualified actuary or actuarial firm employing qualified actuaries. The examination and analysis of any rate filing shall be undertaken by a contracting actuary or actuarial firm only w…

The expense of the actuarial review required by this part and all other expenses associated with any actuarial services performed related to a rate filing shall be borne by the insurer or insurance rating organization submitting the rate filing in accordance with RSA 400-A:37 III…

All annual statements of foreign, domestic, and alien life and accident and health insurance companies, fraternal benefit societies, hospital service corporations, and medical service corporations, which are required to be filed with the insurance commissioner, as well as other p…

All requisite actuarial certifications shall be prepared and signed by a qualified actuary. Notes N.H. Admin. Code § Ins 903.02 #8965, eff 9-1-07 Amended by Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10919, Effective 9/1/2015, Expires9/1/2025.

Nothing in this chapter shall be construed to: (a) Require any insurer or insurance rating organization to employ an actuary; (b) Require that rate filings be prepared or submitted by a qualified actuary; or (c) Prohibit the strictly internal use by insurers or insurance rating o…

The purpose of these rules is to establish the procedures under which the board shall operate in implementing its statutory responsibilities created by RSA 205-D Notes N.H. Admin. Code § Inst 101.01 #8492, eff 12-24-05

"Board" means "board" as defined in RSA 205-D:1, II. Notes N.H. Admin. Code § Inst 102.01 #8492, eff 12-24-05

"Dealer" means "dealer " as defined in RSA 205-D:1,IV. Notes N.H. Admin. Code § Inst 102.02 #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.04)

"Installer" means "installer" as defined in 205-D:1,IX. Notes N.H. Admin. Code § Inst 102.03 #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.05)

"Manufacturer" means "manufacturer" as defined in RSA 205-D:1, XII. Notes N.H. Admin. Code § Inst 102.04 #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.06)

"Manufactured housing" means "manufactured housing" as defined in RSA 205-D:1, XI. Notes N.H. Admin. Code § Inst 102.05 #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.07)

(a) Pursuant to RSA 205-D:2, I the board shall consist of 9 members who meet the eligibility requirements of RSA 205-D:2, I (a)-(h). (b) Biennially, the board shall elect or appoint a chairperson and vice-chairperson at the first meeting of the board in a calendar year. Notes N.H…

(a) The board chairperson presides at board meetings. In the absence of the chairperson, the board vice-chairperson presides at meetings. Notes N.H. Admin. Code § Inst 103.02 #8492, eff 12-24-05; ss by #10336, eff 5-15-13

The board shall assign to a board committee or individual board member(s) fact finding tasks that will aid the board in meeting its statutory responsibilities. Notes N.H. Admin. Code § Inst 103.03 #8492, eff 12-24-05 Amended by Number 50, Filed December 12, 2024, Proposed by #141…

In the event of a vacancy a member will be appointed as provided in RSA 205-D:2, I to fill the unexpired term. If the member is held over beyond the expiration date of the commission, a vacancy shall be deemed to have been created and the member whose term has expired shall conti…

(a) The board's office shall be located at the Office of Professional Licensure and Certification, 7 Eagle Square, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m. (b) Correspondence shall be addressed to the: Office of Profe…