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End of Session Update - NAIFA New Hampshire

The Legislature has completed their work for the session. Below is a chart which includes all of the bills we followed for NAIFA NH & the Coalition. Please note that the bill number provides a link to the text of each bill. Also, many bills have not yet been reviewed by the Governor. We will update you if any bills of interest to NAIFA NH &  the Coalition are vetoed. It is likely the Legislature will meet again in the fall to vote on the vetoes issued by Governor Hassan.

There are several issues we will want to watch:

  • HB 1696 – Medicaid Expansion. The bill passed earlier this spring but the re authorization process is ongoing. We will continue to watch for any updates regarding the federal waivers required in the bill. In addition, the legislation included commission which will examine potential sources of revenue to continue the program beyond the 2018 sunset date. The commission includes representation from the insurance industry. We will want to monitor the work of the Commission as Medicaid re authorization will have to be debated again in the next session.
  • SB 481 and HB 1695 – CON Reform. SB 481 has passed the House and Senate but has not yet been acted upon by Governor Hassan. The bill creates a procedure for health care service providers to acquire a license for specific services. This bill replaces the licensing aspect of the current Certificate of Need Board. You may recall that HB 1695 proposed creating a health system public data resource for New Hampshire. Many legislators thought that HB 1695 would work in collaboration with SB 481 to replace the current CON Board. However, during the committee of conference on HB 1695, the House and Senate were unable to reach agreement due to a non-germane amendment added to the bill by the Senate. The Senate refused to remove the language from the bill and the House refused to pass the bill with the amendment. Therefore, the bill is dead. It may come back during the next session.
  • SB 417 – Employment Contract Restrictions for Physicians. Similar to SB 481, this bill has passed the House and Senate but has not yet been acted upon Governor Hassan. If she signs into law, it will become effective 60 days after passage. Based upon the bi-partisan support the bill received in the House and Senate, it seems probable that the Governor will sign the bill. Opponents argued that the bill would increase health care costs while supporters argued the opposite.
  • HB 280 – Fee Based Plan Advice – HB 280 includes a provision which makes charging or soliciting to charge unreasonable fees for assistance in procuring aid or services from public veterans' agencies an unfair trade practice. On the final Senate session day, the language was added which created the protections for veterans. However, the language could have created liability for producers who offer fee based services that includes advice regarding when an individual should seek benefits from Social Security or Medicare. The final version of the bill has been amended in a form which should address the potential for liability for producers since the word “advise” was removed. The Governor has not yet acted on the bill.
  • SB 431 - Gobeille v. Liberty Mutual/US Supreme Court decision on health insurance claims data reporting – SB 431 was the NH Insurance Department’s response to the Gobeille decision. It is their attempt to ensure that the NH Claims Database continues to receive health care claims data from self-funded plans. The bill has passed the House and Senate but has not yet been acted on by the Governor. Should the bill become law, employers offering self-funded health benefits must “opt in” using a form developed by the Department in order to submit their claims data. The Department of Insurance is given rulemaking authority to develop the form. The data is used for the NH Health Cost website.
  • Interim Study Bills – When a bill is send to “interim study” it remains in the committee for the rest of the session. In the late fall, a non-binding recommendation is made by the committee regarding whether or not similar legislation should be filed in the next session. Several bills of potential significance were sent to interim study in 2016. HB 1310 proposed a commission to examine a state based single payer health system. HB 1371 would create a committee to study “education savings accounts” for special needs students. This account would be in addition to children’s savings accounts passed in 2015. Finally, HB 1478 would have a created a commission to study and create an alternative contact for health carriers and hospitals to use. We will monitor any interim study work sessions scheduled over the summer and fall and provide updates.
I am pleased to continue to serve you the NAIFA members of New Hampshire as your Government Relations Chair for 2016/2017


Bill Title & Synopsis Final Status
HB 280
Authorizing multi-use decal plates and multi-use veterans decal plates, relative to special motorcycle number plates for disabled veterans, and relative to unfair trade practices targeting veterans.

I. Authorizes multi-use decal number plates which may bear decals issued by certain tax-exempt organizations authorized by statute. II. Authorizes multi-use veterans decal number plates and the issuance of the decals by the state office of veterans services. III. Allows a person who is eligible for a special number plate for disabled veterans to be issued an additional special number plate for a motorcycle. IV.Makes charging  or soliciting to charge unreasonable fees for assistance in procuring aid or services from public veterans' agencies an unfair trade practice.
Awaiting Action by Governor
HB 1111
Relative to Securities Advisory Councils and Committees.

This bill requires the secretary of state to form an advisory council whenever there is an allegation of fraud regarding the sale or attempted sale of a security.
House:  Inexpedient to Legislate: 3/09/2016 
HB 1138
Relative to Access to Investigational Drugs, Biological Products, and Devices.

This bill establishes the Terminal Patient’s Right to Try Act which allows a patient with a terminal illness access to investigational drugs, biological products, and devices.
Awaiting Action by Governor
HB 1139
Establishing A Committee to Examine State Protections From Financial Fraud.

This bill establishes a committee to study state protections from financial fraud, including the feasibility of establishing an office of state receiver or a financial services unit in the department of justice.
House:  Inexpedient to Legislate:  DV 194-106 3/10/2016 
HB 1269
(New Title) Extending The New Hampshire Health Care Quality Assurance Commission and Relative to The Membership Of The Commission.

This bill extends the New Hampshire health care quality assurance commission until July 1, 2021. This bill also clarifies the membership of the commission.
Awaiting Action by Governor
HB 1310
Establishing A Commission to Study Health Care For All Residents Of New Hampshire.

This bill establishes a commission to study health care for all residents of New Hampshire.
House:  Interim Study 3/09/2016
HB 1316
Relative to Hospital Rates For Self-pay Patients.

The bill clarifies the law covering hospital rates for self-pay patients.
Signed by Governor Hassan                                                                      5/27/2016                                                                                                        Chapter 139; Eff. 7/26/2016 
HB 1340
Relative to Producer Licensing.

This bill requires that insurance producers licensed under RSA 402-J complete certain education requirements every 2 years. This bill is a request of the insurance department.
Signed by Governor Hassan                                                                                5/20/2016                                                                                                 Chapter 109; Eff. 7/19/2016 
HB 1342
Prohibiting The Use Of Certain Information to Underwrite Insurance.

This bill makes it a discriminatory and unfair insurance trade practice to charge higher premiums for automobile and homeowners insurance based on credit rating. Current law allows the use of credit reports for such purposes if it is not the sole reason for higher premiums. This bill also prohibits insurers from requesting certain information to underwrite casualty insurance coverage.
Inexpedient to Legislate: 3/10/2016 
HB 1348
Repealing The Exemption For Certain Transactions Under The Consumer Protection Act.

This bill removes the exemption from the consumer protection act for trade or commerce under the jurisdiction of financial institutions and insurance regulators of other state and federal banking or securities regulators.
House:  Inexpedient to Legislate: RC 184-116 3/10/2016 
HB 1371
Establishing A Committee to Study Education Savings Accounts For Families Of Special Needs Students.

This bill establishes a committee to study education savings accounts for families of special needs students.
House:  Interim Study 3/10/2016 
HB 1403
Relative to Reinsurance.

This bill provides that a credit shall not be allowed to any ceding insurer for reinsurance unless the contract specifies how the reinsurance will be paid in the event of the insolvency of the ceding insurer. This bill is a request of the insurance department.
Signed by Governor Hassan                                                                                5/27/2016                                                                                                          Chapter 144; Eff. 7/26/2016 
HB 1404
(New Title) Relative to Certain Positions In The Insurance Department.

This bill establishes certain positions within the department of insurance. This bill also changes the title of the director of operations to assistant commissioner. This bill is a request of the insurance department.
Committee of Conference unable to reach agreement, legislation defeated 5/26/16
HB 1409
Relative to Life, Accident, and Health Insurance.

This bill makes various changes in the laws relating to life, accident, and health insurance.
Signed by Governor Hassan                                                             5/20/2016                                                                                                            Chapter 111; I. Sec. 4-6 eff. 5/20/2016 ; II. Sec. 7 eff. 6/19/2016 ; III. Rem. eff. 1/1/2017 (5/24)
HB 1422
Creating An Exemption From The Business Profits Tax For New Businesses In New Hampshire.

This bill creates an exemption from the business profits tax for new businesses in New Hampshire.
Inexpedient to Legislate: 3/10/2016 
HB 1437
Relative to Health Insurance Fraud and Abuse Reporting.

This bill requires health insurance carriers to establish a fraud and abuse detection system and to investigate any health insurance claim or series of claims for services that are suspected to be the result of health care provider billing fraud and abuse. Under this bill, the health insurance carrier shall report suspected fraud or abuse to the fraud investigation unit.
Inexpedient to Legislate: 3/09/2016
HB 1444
Relative to The Rate Of The Insurance Premium Tax.

This bill increases the rate of the insurance premium tax.
Inexpedient to Legislate:  RC 195-114 2/11/2016 
HB 1450
Relative to Risk-based Capital For Insurers.

This bill adjusts the risk-based capital trend test for insurers. This bill is a request of the insurance department.
Signed by Governor Hassan                                                                 5/20/2016                                                                                                               Chapter 113; Eff. 7/19/2016
HB 1459
Relative to Commercial Coverage.

This bill makes certain changes to the laws governing property and casualty insurance.
Signed by Governor Hassan                                                                               5/20/2016                                                                                                         Chapter 115; Eff. 7/19/2016 
HB 1478
Establishing A Commission to Develop A Structure For The Implementation Of An Alternative Contract For Health Care Payments.

This bill establishes a commission to develop a structure for the implementation of an alternative contract for health care payments.
Senate:   Interim Study 5/05/2016
HB 1495
Relative to Insurance Incentives to Lower Costs Of Health Care.

This bill requires health insurance carriers issuing health benefit plans under the managed care law to offer financial incentives to covered persons for choosing certain health care providers.
Inexpedient to Legislate: 2/11/2016 
HB 1516
Relative to Balance Billing.

This bill prohibits balance billing from out-of-network providers who provide services at an in-network facility. This bill is a request of the insurance department.
House:  Interim Study: 3/09/2016 
HB 1608
(Second New Title) Relative to Uniform Prior Authorization Forms.

This bill requires health insurers, health maintenance organizations, health services corporations, medical services corporations, and preferred provider programs to use and accept only the uniform prior authorization forms and criteria developed by the commissioner of insurance in accordance with rules adopted pursuant to RSA 541-A after December 31, 2017.
Awaiting Action by Governor
HB 1633
Relative to The Use Of The Family and Medical Leave Act Time As It Applies to Workers' Compensation.

This bill requires an employer to notify an employee, in writing, relative to the benefits and adverse effects of signing an application for, or accepting time off under the Family and Medical Leave Act as a result of a workers' compensation injury.
Senate:  Interim Study 4/28/2016
HB 1664
(New Title) Relative to Contracts Between Carriers or Pharmacy Benefit Managers and Certain Pharmacies.

This bill establishes procedures for contracts between carriers or pharmacy benefit managers and contracted pharmacies.
Awaiting Action by Governor
HB 1690
Extending The New Hampshire Health Protection Program.

This bill extends the New Hampshire health protection program. The program currently would expire December 31, 2016.
House:  Inexpedient to Legislate:  RC 211-128 3/09/2016 
HB 1695
(Sixth New Title) Relative to A Health System Public Data Resource For New Hampshire and Establishing A Special Fund, Relative to Cost Effectiveness Of Programs Implemented Within State Agencies, Relative to The Use Of The Lakes Region Facility Property For Substance Abuse Treatment and Recovery Programs, and Relative to Record Management Of Abuse and Neglect Reports.

This bill establishes a health system public data resource for New Hampshire. Under this bill, the commissioner of the department of health and human services, the insurance commissioner, and the attorney general shall enter into a memorandum of understanding to collaborate in the development of publicly available information on health care system patient safety, cost, quality, access, and system performance, and information pertaining to the delivery and financing of the health care system in NewHampshire.  The bill establishes a fund for the implementation and administration of the requirements of the plan.  The bill requires the office of the legislative budget assistant to evaluate the feasibility of calculating and using cost effectiveness in evaluating new and existing state programs.  This bill also revises the record retention requirements for founded, unfounded, and screened-out reports of abuse or neglect which is a request of the commission to review child abuse fatalities, established in 2015, 127.

.
Committee of Conference unable to reach agreement, legislation defeated 5/26/16
HB 1696
Requesting A Modification Of The New Hampshire Health Protection Program.

This bill requires the commissioner of the department of health and human services to submit waivers or state plan amendments to modify the New Hampshire health protection program. The bill includes funding for such program by using moneys from the insurance premium tax, federal funds, and other non-general fund revenues. This bill also allows veterans who are New Hampshire residents to receive services under the New Hampshire health protection program.
Signed by Governor Hassan                                                                   4/05/2016                                                                                                               Chapter 13; I. Sec. 2 eff 7/1/2017 ; II. Sec. 15 eff 12/1/2017 ; III. Rem. eff 4/5/2016 
SB 127
Relative to Special Conservatorships For Medicaid.

This bill authorizes the appointment of special Medicaid representatives. Under this bill, special Medicaid representatives may be appointed to assist persons in long-term care facilities or hospitals fill out Medicaid applications required by the department of health and human services.
Awaiting Action by Governor
SB 393
Relative to Data Privacy In The Workplace.

This bill clarifies the rights of employers and employees concerning the possession and control of data.
Senate:   Interim Study 2/18/2016
SB 401
Relative to Insurance Coverage For Prescription Eye Drops.

This bill provides for insurance coverage for early refills of prescription eye drops.
Awaiting Action by Governor
SB 408
Relative to Funding For The Children's Savings Account Program.

This bill makes an appropriation to the children's savings account program to establish pilot programs in Coos County and the city of Manchester.
Senate:  Table 3/24/2016
SB 413
Relative to Employment Rights Of Persons with Criminal Records.

This bill prohibits employers from inquiring into a job applicant's criminal record during the initial employment application process.
Senate:Table 3/17/2016
SB 417
Relative to Employment Contract Restrictions Upon Physicians.

This bill prohibits certain geographic area restrictions in partnership, employment, or other professional relationship contracts for physicians licensed by the board of medicine.
Awaiting Action by Governor
SB 431
(New Title) Relative to Data Submission By Insurers.

This bill clarifies data submission required to be submitted to the insurance department by insurers.
Awaiting Action by Governor
SB 432
Relative to Itemized Bills For Medical Services.

This bill clarifies the law relative to itemized statements containing amounts billed for medical services.
House:  Interim Study 5/11/2016 
SB 434
Relative to Prior Authorizations For Prescription Medicine.

This bill provides that an approved prior authorization for prescription medicine, excluding opioids and other drugs which have less than a year regimen shall be valid for 12 months.
Senate:   Interim Study 3/03/2016
SB 445
Suspending The Registration Fee For The Sale Of Municipal Bonds In New Hampshire For 2 Years.

This bill suspends the registration fee for the sale of municipal bonds in New Hampshire for 2 years.
Senate: Tabled 3/03/2016
SB 448
Relative to Rates For Self-pay Patients and Notice Of Allowable Benefits.

This bill clarifies billing rates for self-pay patients and requires claims to be cross accumulated against insurance deductibles.
Senate:  Interim Study 3/10/2016
SB 450
Relative to Investments By Insurance Companies.

This bill clarifies investments made by insurance companies. This bill is a request of the insurance department.
Awaiting Action by Governor
SB 451
Relative to Insurance Coverage For Massage Therapy.

This bill provides for insurance coverage for massage therapy.
Senate:  Interim Study 3/03/2016
SB 481
(New Title) Relative to A Special Health Care Service License and Making An Appropriation Therefor.

This bill establishes procedures to acquire a special health care service license under the law governing health facility licensure. This bill also establishes certain requirements regarding accessibility to health care services. The bill makes an appropriation for purposes of paying the costs of special health care service licenses.
Awaiting Action by Governor
SB 500
Relative to Student Health Insurance Plans.

This bill establishes procedures for educational entities to operate student health insurance plans that are self-funded. This bill is a request of the insurance department.
Awaiting Action by Governor
SB 502
Relative to The Authority Of The Insurance Commissioner to Investigate Violations Of The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act.

This bill requires the insurance commissioner to investigate insurance carriers for conduct which may violate the provisions of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, as amended.
Senate:  Refer to Interim Study, 3/03/2016
SB 531
Extending The New Hampshire Health Protection Act.

This bill extends the New Hampshire health protection program. The program currently would expire December 31, 2016. This bill also includes funding for such program by using moneys from the insurance premium tax and changing the priorities of the uncompensated care and Medicaid fund.
Senate:  Pending Motion Inexpedient to Legislate; 3/10/2016
SB 532
(New Title) Relative to Prior Authorization For Substance Use Treatment.

This bill clarifies prior authorization requirements under the managed care law for substance use services.
Awaiting Action by Governor
SB 533
(second New Title) Relative to The Governor's Commission On Alcohol and Drug Abuse Prevention, Treatment, and Recovery and Making Supplemental Appropriations to The Commission and The New Hampshire Housing Finance Authority.

This bill makes changes in the membership, organization, duties, meetings, and reports of the governor's commission on alcohol and drug abuse prevention, treatment, and recovery, and establishes that the commission serves in an advisory capacity to both the governor and the general court. The bill also makes supplemental appropriations to the commission and the New Hampshire housing finance authority.
Awaiting Action by Governor
SB 534
To Implement A System Of Care For Children's Behavioral Health.

This bill directs the department of health and human services and the department of education to develop a comprehensive system of care for children's behavioral health services. The bill establishes reporting requirements and authorizes the departments to enter into an interagency agreement regarding program implementation.
Awaiting Action by Governor
SB 541
Establishing A Commission to Study Provider Rates.

This bill establishes a commission to study provider rates.
House:  Inexpedient to Legislate 5/11/2016 
SB 576
(new Title) Relative to The Penalty For Possession and Use Of Fentanyl-class Drugs, Insurance Coverage For Substance Use Disorders, The Funding Of The Controlled Drug Prescription Health and Safety Program, The Membership Of The Board Of Medicine, and Prescribers Of Controlled Drugs.

I. Adds possession and use of fentanyl-class drugs for the purposes of the penalty under the controlled drug act. II. Clarifies the funding of the controlled drug prescription health and safety program. III. Clarifies access to the information of the controlled drug prescription health and safety program. IV. Requires prescribers of controlled drugs to query the controlled drug prescription health and safety program prior to prescribing controlled substances and to take 3 hours of continuing educationor an online examination.  V.  Adds 2 physician members to the medical review subcommittee. VI.  Clarifies substance use disorder services for treatment for an addictive substance-related condition under the Medicaid managed care program. VII.  Requires the commissioner of the department of health and human services to consult with the commissioner of the department of safety regarding a 24-hour drug crisis hotline.
Signed by the Governor                                                                                  1/21/2016 Chapter 2
Sections 7 and 9 of this act shall take effect as provided in Section 13 
 II. Section 11 Effective 01/01/2017 
III. Remainder Effective 01/21/2016 


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