277-B:11 Employee Benefits and Other Insurance. –
I. An employee leasing company may sponsor and maintain employee benefits and welfare plans for its leased employees. Nothing in this section shall require an employee leasing company to provide comparable benefits to employees located at different work sites.
II. An employee leasing company that provides health insurance benefits to its leased employees shall only provide such benefits:
(a) Through a policy issued by an insurance carrier admitted to write such coverage in this state; or
(b) Through a plan which has been qualified as a single employer plan under the provisions of ERISA.
III. Notwithstanding the provisions of RSA 277-B:9, employees leased to a client company by an employee leasing company remain the employees of the client company for the purposes of general liability insurance, automobile insurance, fidelity bonds, surety bonds and employer's liability insurance carried by the client company. Employees leased to a client company by an employee leasing company are not deemed employees of the employee leasing company for purposes of general liability insurance, automobile insurance, fidelity bonds, surety bonds or employer's liability insurance carried by the leasing company, unless the employees are included by specific reference in the applicable insurance contract or bond.