New Hampshire Administrative Code

Notes N.H. Admin. Code § Lab 308.04 (See Revision Note at part heading for Lab 308) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New.…

Notes N.H. Admin. Code § Lab 308.05 #5558, eff 1-18-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by …

(a) The commissioner shall assess civil penalties against employers who fail to secure compensation to employees pursuant to RSA 281-A: 7, as specified in Lab 309.01(d). (b) The commissioner shall assess a civil penalty against insurance carriers who fail to provide proper notice…

This chapter sets forth the procedures and forms for carrying out the provisions of RSA 281-A pertaining to workers' compensation self-insurance. Notes N.H. Admin. Code § Lab 401.01 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: …

"Aggregate excess" means coverage which applies once within each specified policy term or portion thereof. Notes N.H. Admin. Code § Lab 402.01 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-…

"Attachment point" means the dollar amount at which the risk retention for the self-insurer ends and at which the involvement of the carrier begins. Notes N.H. Admin. Code § Lab 402.02 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRE…

"Carrier" means a legal entity, or group thereof, which has been lawfully authorized by the state's insurance department to market insurance in this state. Notes N.H. Admin. Code § Lab 402.03 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91,…

"Certificate" means the documentary evidence of insurance to be filed with the department as proof of coverage by a carrier. Notes N.H. Admin. Code § Lab 402.04 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, I…

"Coverage" means the full amount of insurance. Notes N.H. Admin. Code § Lab 402.05 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, I…

"Excess per Loss" means the amount above the attachment point on each work injury incident. Notes N.H. Admin. Code § Lab 402.06 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-…

"Financial Ability" means having the resources and willingness to make direct payment of compensation in amounts, manner, and when due. Notes N.H. Admin. Code § Lab 402.07 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 Ne…

"Guarantee" means surety bond, security, or cash that is deposited with the department and available for self-insurer retention if the self-insurer fails to pay directly. Notes N.H. Admin. Code § Lab 402.08 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #523…

"Parent company support" means a written agreement filed with the department on behalf of a subsidiary for the purpose of guarantying payment of workers' compensation benefits in a specified amount in the event the self-insured subsidiary defaults. Notes N.H. Admin. Code § Lab 40…

"Permit" means the documentary evidence that an employer, or an association or group of employers, has been authorized by the commissioner to be self-insured. Notes N.H. Admin. Code § Lab 402.10 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-…

"Principal" means the self-insured. Notes N.H. Admin. Code § Lab 402.11 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff…

"Security" means an evidence of property, as a stock certificate or bond, which is negotiable and transferable. Notes N.H. Admin. Code § Lab 402.12 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 1…

"Self-insurer retention" means the amount below the attachment point on each work injury incident. Notes N.H. Admin. Code § Lab 402.13 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPI…

"Self-insurer" means an employer, or association or group of employers, which has been authorized by the commissioner to be self-insured. Notes N.H. Admin. Code § Lab 402.14 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 …

"Surety" means a company licensed in this state to furnish surety bonds. Notes N.H. Admin. Code § Lab 402.15 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, e…

"Surety Bond" means a contract among three parties, the self-insurer as principal, a financial institution as surety, and the commissioner as obligee, using the wording of "Surety Bond" form WCSI-2 (8/1994), contained in appendix II. Notes N.H. Admin. Code § Lab 402.16 #2264, eff…

No employer, or association of employers, shall be self-insured without the commissioner's authorization. Authorization shall be evidenced by a permit. No permit shall be issued by the commissioner unless an employer, or association or group of employers, has furnished satisfacto…

A permit shall remain in effect indefinitely, except that it shall be subject to voluntary termination and to revocation for good and sufficient reason as defined in Lab 403.03. The self-insurer shall be issued a self-insurance permit by the commissioner. Notes N.H. Admin. Code §…

Permits shall be revoked by reason of: (a) Failure to cooperate with the department; (b) Failure to make payment of compensation benefits; (c) Failure to demonstrate proof of financial ability; or (d) Any other condition which demonstrates that the self-insurer is unable to meet …

All self-insurers shall notify the department in writing at least 30 days prior to ceasing to be self-insured, and in addition to filing "Termination Notice", form WC-100 (10/1991), in accordance with Lab 307 & 308. Notes N.H. Admin. Code § Lab 403.04 #2264, eff 1-6-83; ss by #29…

Employers as defined by RSA 281-A:2, VIII and IX who have similar trades, businesses, occupations, professions, or functions may become self-insured as an association or group upon meeting the applicable requirements of this part, subject to the following provisions: (a) Such emp…

Proof of financial ability and willingness to make direct payment of compensation in amounts, manner, and when due as required by RSA 281-A:5, III, shall be given to the commissioner as provided in this part. Notes N.H. Admin. Code § Lab 405.01 #2264, eff 1-6-83; ss by #2935, eff…

Application for self-insurance shall be made as follows: (a) A first time applicant shall complete and file with the department a "Workers Compensation Self-Insurance Application" form WSCI-1 (2/2016), contained in appendix II if the applicant is a single employer, or a "Workers …

(a) A self-insurer shall identify to the commissioner the dollar amount of the attachment point, up to which the self-insurer will be responsible for the payment of workers' compensation benefits for each work injury incident. (b) In support of this identification of amount, the …

(a) The self-insurer shall provide to the commissioner a supplemental guarantee of payment of the self-insurer retention. The supplemental guarantee of payment shall be in the form of a surety bond or securities or cash. (b) A surety bond shall use the wording of "Surety Bond", f…

Notes N.H. Admin. Code § Lab 406.01 #2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90 New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #901…

Notes N.H. Admin. Code § Lab 407.01 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 407.02 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 407.03 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 407.04 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 407.05 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 407.06 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 407.07 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 407.08 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Repealed by, Volume XXXVI Number 14, Filed April 7, 20…

The purpose of this part is to provide for the regulation and licensing of third party administrators who perform services for employers self-insuring their workers' compensation and to set forth procedural requirements which the commissioner deems necessary to carry out the prov…

(a) "Third party administrator (TPA)" means "third party administrator" as defined in RSA 281-A:5-d. (b) "Department" means the department of labor. (c) "Commissioner" means the commissioner of labor or the commissioner's authorized representative. (d) "Self-insurer" means a pers…

(a) A TPA shall not operate as a TPA in this state without a certificate of authority from the department which will be issued only following review of the information supplied by the applicant as described in Lab 408.18. (b) Any amendment to the application shall be filed in the…

(a) All applicantsshall provide financial assurance as follows: (1) The applicant shall attempt in good faith to obtain a surety bond issued by an insurance company licensed to do business in the State of New Hampshire in a minimum amount of $100,000; and (2) If the applicantcann…

(a) Each applicant for a certificate of authority or renewal of a certificate of authority shall provide the applicant's current audited financial statement. An audited financial statement, for the purposes of this rule, shall consist of a financial statement that is prepared in …

(a) A TPA shall not act on behalf of a self-insurer without a written agreement with that self-insurer. (b) A TPA shall complete and submit "Notice of Contract Between Third Party Administrator and Self-Insurer" form WC-TPA-CBP (3/2019). The form may be obtained at https://www.nh…

(a) Each TPA shall establish a premium trust account if the TPA expects to receive premiums or return premiums on New Hampshire business. (b) If the account is interest bearing, the TPA shall comply with Lab 408.11. (c) Fiduciary funds on New Hampshire business shall at all times…

(a) Under no circumstances shall a TPA place fiduciary funds in a personal or business operating account. The TPA may retain commission income or other funds in the TPA's premium trust account in order to advance premiums, establish reserves for paying return commissions or for s…

A TPA shall utilize only interest-bearing accounts that require no advance notice for the withdrawal of funds, and the TPA shall arrange all such interest-bearing accounts so that funds therein contained shall be immediately available during normal business hours. Notes N.H. Admi…