RSA 126-Q:4 · Assessment Determination

126-Q:4 Assessment Determination. –

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I.

The board shall determine an assessment for each assessable entity in accordance with this section, except that no assessment shall be made based on children excluded from assessable lives whose vaccines are paid for under the federal Vaccines for Children program, established under 42 U.S.C. section 1396s. An assessment determination made pursuant to this section is a pharmaceutical cost and not a regulatory cost for purposes of calculating the carrier's medical loss ratio.

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II.

In determining the assessment amount, the board shall:

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(a)

Estimate the total non-federal program cost for the succeeding year;

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(b)

Add its anticipated operating costs for the succeeding year and such additional working capital reserves as may be established by the board from time to time;

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(c)

Add a reserve of up to 10 percent of the anticipated cost under subparagraph (a) for unanticipated costs associated with providing vaccines and the respiratory syncytial virus biological product to children covered; and

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(d)

Subtract the amount of any unexpended assessments collected in the preceding year along with any unexpended interest accrued to the fund during the preceding year.

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III.

The board shall include in its plan of operations, details regarding the timing for assessment collections, and the form and format assessable entities shall use to calculate assessments.

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IV.

The board shall include in its plan of operation details regarding payment due dates, grace periods, late payment fees, interest, and other details regarding the collection of assessments.

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V.

The board may determine an interim assessment for new vaccines or unanticipated shortfalls in the association's ability to meet childhood vaccine funding needs. The board shall calculate the interim assessment in accordance with paragraph II, and the interim assessment is payable the calendar quarter that begins no less than 30 days following the establishment of the federal contract price. The board shall not impose more than one interim assessment per year, except in the case of a public health emergency declared in accordance with state or federal law.

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VI.

In the event that the association discontinues operation for any reason, any unexpended assessments, including unexpended funds from prior assessments in the state vaccine purchase fund, shall be refunded to payees in proportion to the respective assessment payments by payees over the most recent 8 quarters prior to discontinuation of association operations. Source. 2002, 279:2. 2005, 177:112. 2008, 375:15. 2013, 260:6, eff. July 24, 2013. 2015, 276:155, eff. July 1, 2015. 2024, 307:2, eff. July 26, 2024.

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