SB 42 – AS INTRODUCED

2015 SESSION

15-0712

01/03

SENATE BILL 42

AN ACT relative to employee notification of contraceptive coverage.

SPONSORS: Sen. Pierce, Dist 5; Sen. Fuller Clark, Dist 21

COMMITTEE: Commerce

ANALYSIS

This bill requires insurers to provide notice to policy holders if the insurer alters, restricts, or terminates contraceptive coverage. This bill also requires employers offering insurance coverage to its employees to specify the details of the contraceptive coverage to prospective employees.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0712

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to employee notification of contraceptive coverage.

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

1 New Section; Contraceptive Coverage; Group. Amend RSA 415 by inserting after section 18-x the following new section:

415:18-y Contraceptive Coverage. An insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for contraceptive coverage shall provide written notice to certificate holders prior to substituting a policy or contract with another such policy or contract that alters, restricts, or terminates contraceptive coverage. Such notice shall be provided not less than 90 days prior to any such substitution. A copy of such notice also shall be promptly provided to the commissioner and the department of labor. In this section, “contraceptive coverage” means that portion of a policy or contract of group accident, group health, or group accident and health insurance that provides coverage for the cost of contraceptive drugs or devices approved by the federal Food and Drug Administration (FDA) or generic equivalents approved as substitutes by the FDA under the prescription of a health care provider legally authorized to prescribe such drugs or devices.

2 Health Service Corporations; Contraceptive Coverage; Effective Until October 1, 2017. Amend RSA 420-A:2 to read as follows:

420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:6-s, RSA 415:18, V, [RSA 415:18, VII(g),] RSA 415:18, XVI and XVII, RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:18-o, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-x, RSA 415:18-y, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.

3 Health Service Corporations; Contraceptive Coverage; Effective October 1, 2017. RSA 420-A:2 is repealed and reenacted to read as follows:

420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:18, V, RSA 415:18, XVI and XVII, RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:18-o, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-y, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.

4 Health Maintenance Organizations; Contraceptive Coverage; Effective Until October 1, 2017. Amend RSA 420-B:20, III to read as follows:

III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:6-s, [RSA 415:18, VII(g),] RSA 415:18, VII-a, RSA 415:18, XVI and XVII, RSA 415:18-j, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-x, RSA 415:18-y, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.

5 Health Maintenance Organizations; Contraceptive Coverage; Effective October 1, 2017. RSA 420-B:20, III is repealed and reenacted to read as follows:

III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:6-m, RSA 415:6-o, RSA 415:6-r, RSA 415:18, VII-a, RSA 415:18, XVI and XVII, RSA 415:18-j, RSA 415:18-r, RSA 415:18-t, RSA 415:18-u, RSA 415:18-v, RSA 415:18-w, RSA 415:18-y, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.

6 New Subdivision; Employee Notification of Contraceptive Coverage. Amend RSA 275 by inserting after section 75 the following new subdivision:

Employee Notification of Contraceptive Coverage

275:76 Employee Notification of Contraceptive Coverage. An employer who is issued a policy or contract for group accident, group health, or group accident and health insurance that covers some or all of its employees shall provide notice to all persons who seek employment with such employer as to whether such policy or contract includes contraceptive coverage, as defined in RSA 415:18-y, where such policy or contract includes some, but not all, contraceptive drugs and devices or their generic equivalents approved by the federal Food and Drug Administration (FDA). Such notice shall also specify which such drugs or devices are not included in such insurance coverage. Such notice shall be prominently displayed on the face of any written application for employment utilized by an employer or included on a separate written notice form to be provided to each person who receives such written application. Where such employer maintains a publicly accessible Internet webpage that provides information on prospective employment opportunities, the employer shall provide clear and conspicuous notice on the webpage as to whether the employer provides contraceptive coverage and, if so, whether such coverage includes some, but not all, contraceptive drugs and devices or their generic equivalent approved by the FDA. The labor commissioner, in consultation with the commissioner of insurance, may adopt rules, pursuant to RSA 541-A, relative to the proper administration of this subdivision.

275:77 Civil Penalty. An employer who fails to comply with RSA 275:76 shall, for each such violation, be charged a civil penalty of up to $5,000.

7 Effective Date.

I. Sections 3 and 5 shall take effect October 1, 2017 at 12:01 am.

II. The remainder of this act shall take effect January 1, 2016.