126-Q:3 Membership, Powers, and Duties of the New Hampshire Vaccine Association. –
I. The New Hampshire vaccine association shall be comprised of all assessable entities.
II. The New Hampshire vaccine association shall be a not-for-profit, voluntary corporation under RSA 292 and shall possess all general powers of a not-for-profit corporation.
III. The board of directors shall include:
(a) Three representatives selected from the assessable entities currently writing, maintaining, or administering assessable coverage through a voting process where votes are based on assessable lives. The plan of operation shall provide details for this selection process.
(b) Two health care provider representatives appointed by the commissioner.
(c) The commissioner of the department of health and human services, who shall serve as an ex-officio member.
(d) The commissioner of the department of insurance who shall serve as an ex-officio member.
(e) One member appointed by the governor and council who shall represent self-insured entities.
(f) One public member appointed by the speaker of the house of representatives.
(g) One public member appointed by the president of the senate.
IV. The directors' terms and appointments shall be specified in the plan of operation adopted by the New Hampshire vaccine association.
V. The board of directors of the association shall:
(a) Prepare and adopt articles of association and bylaws.
(b) Prepare and adopt a plan of operation.
(c) Submit the plan of operation to the commissioner of insurance for approval after the consultation with the commissioner.
(d) Conduct all activities in accordance with the approved plan of operation.
(e) On an annual basis, no later than November 1 of each year, establish the amount of the assessment for the succeeding year.
(f) Enter into contracts as necessary or proper to collect and disburse the assessment.
(g) Enter into contracts as necessary or proper to administer the plan of operation.
(h) Sue or be sued, including taking any legal action necessary or proper for the recovery of any assessment for, on behalf of, or against members of the association or other participating person.
(i) Appoint from among its directors, committees as necessary to provide technical assistance in the operation of the association, including the hiring of independent consultants as necessary.
(j) Determine an assessment amount and collect payments from assessed entities in accordance with RSA 126-Q:4.
(k) Submit an annual report to the commissioner of insurance, in a manner and form determined by the commissioner, listing the association membership base, providing a count of assessable lives by assessable entity, identifying changes in assessable lives by assessable entity, describing the collection of assessments, listing payment delinquencies, and containing such other related information as the commissioner may require.
(l) Allow each assessable entity up to 45 days after the closing of each calendar quarter to report its assessable lives and remit its corresponding assessment amount as calculated pursuant to RSA 126-Q:4.
(m) Collect assessments from assessable entities as calculated under RSA 126-Q:4 and deposit said assessments less the association's administrative costs annually and reserves with the state treasurer to the credit of the vaccine purchase fund established pursuant to RSA 141-C:17-a. At the written request of the association following a majority vote of the board of directors, any funds forwarded to the state treasurer for the vaccine purchase fund remaining unexpended for childhood vaccines, shall promptly be returned to the association.
(n) Be authorized to enter into one or more agreements with other applicable authorities in surrounding states to reduce the risk of duplicate assessments and to assure availability of vaccines for children who are residents of this state but who receive vaccination services in other states. Any costs relating to any such agreement shall be considered additional vaccine costs of the program for purposes of determining the association's assessments.
(o) Adopt procedures by which affiliated assessable entities calculate their assessment on an aggregate basis and procedures to ensure that no assessable life is counted more than once. Unless otherwise determined by the board, the assessable entity responsible for the payment of the provider's administrative costs for childhood vaccines shall be the entity responsible for reporting assessable lives and payment of the corresponding assessment.
(p) Submit an annual report regarding the association's activities, its financial reports, and any newly-approved vaccines adopted by the department of health and human services to the president of the senate, the speaker of the house of representatives, and the governor.
(q) Perform any other functions as may be necessary or proper to carry out the plan of operation.