SB430: (New Title) relative to mandated insurance benefits and establishing a committee to study the feasibility of mandating that health insurers provide medical loss information to small group employers.

CHAPTER 161

SB 430-FN – FINAL VERSION

03/04/04 0551s

5May2004… 1381h

2004 SESSION

04-3086

01/09

SENATE BILL 430-FN

AN ACT relative to mandated insurance benefits and establishing a committee to study the feasibility of mandating that health insurers provide medical loss information to small group employers.

SPONSORS: Sen. Flanders, Dist 7; Sen. Clegg, Dist 14; Sen. Prescott, Dist 23; Rep. D. Flanders, Belk 30; Rep. Spiess, Hills 47

COMMITTEE: Insurance

AMENDED ANALYSIS

This bill requires that any legislative proposal which mandates insurance benefits, including workers’ compensation benefits, be evaluated by the insurance department before being enacted into law if a standing committee requests such an evaluation.

This bill also establishes a committee to study the feasibility of mandating that health insurers provide medical loss information to small group employers.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/04/04 0551s

5May2004… 1381h

04-3086

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to mandated insurance benefits and establishing a committee to study the feasibility of mandating that health insurers provide medical loss information to small group employers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

161:1 New Section; Insurance; Review and Evaluation of Mandated Insurance Benefits Proposed Under RSA 281-A, RSA 415, RSA 420-A, and RSA 420-B. Amend RSA 400-A by inserting after section 39 the following new section:

400-A:39-a Review and Evaluation of Proposed Insurance Mandated Benefit Proposals Under RSA 281-A, RSA 415, RSA 420-A, and RSA 420-B.

I. The commissioner is authorized to contract for an external review and evaluation of any mandated benefit.

II. Whenever a legislative measure containing a mandated benefit is proposed, the standing committee of either the house or the senate having jurisdiction over the proposal may refer the proposal to the insurance department for review and evaluation.

III. Upon a referral of a mandated benefit proposal from the standing committee of the house or the senate having jurisdiction over the proposal, or at the discretion of the commissioner, the insurance department shall conduct a review and evaluation of the mandated benefit proposal and shall report any results to the standing committee that has oversight of the mandated benefit. In the instance of a mandated benefit proposal affecting RSA 281-A, the review and evaluation by the insurance department shall be conducted in conjunction with input from the labor department.

IV. The report shall include, at a minimum and to the extent that information is available, the following:

(a) The social impact of mandating the benefit.

(b) The financial impact of mandating the benefit.

(c) The medical efficacy of mandating the benefit.

(d) The effects of balancing the social, economic, and medical efficacy considerations.

V. For the purposes of this section, a mandated benefit proposal is one that mandates insurance coverage for certain conditions, specific health services, specific diseases, or certain providers of health care services.

161:2 Committee Established. There is established a committee to study the feasibility of mandating that health insurers provide medical loss information to small group employers.

161:3 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) One member of the senate, appointed by the president of the senate.

II. The committee shall solicit information from the insurance commissioner, small group health insurance companies, small group employers, and any other source the committee deems relevant.

III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

161:4 Duties. The committee shall study the feasibility of mandating that health insurers provide medical loss information to small group employers. The committee shall include in its study the appropriate use of this information, privacy issues, and determining the cost to insurers of requiring that this information be provided to small group employers.

161:5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 60 days of the effective date of this section. Four members of the committee shall constitute a quorum.

161:6 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2004.

161:7 Repeal. RSA 400-A:39-a, relative to review and evaluation of mandated insurance benefits, is repealed.

161:8 Effective Date.

I. Section 1 of this act shall take effect 60 days after its passage.

II. Section 7 of this act shall take effect January 1, 2010.

III. The remainder of this act shall take effect upon its passage.

(Approved: May 24, 2004)

(Effective Date: I. Section 1 shall take effect July 23, 2004.

II. Section 7 shall take effect January 1, 2010.

III. Remainder shall take effect May 24, 2004.)