CHAPTER 21-I DEPARTMENT OF ADMINISTRATIVE SERVICES
General Provisions
Section 21-I:7-c
21-I:7-c Risk and Benefits. –
There is established within the department a division of risk and benefits, under the supervision of an unclassified director of risk and benefits, who shall be qualified to hold that position by reason of education and experience, and who shall perform such duties as the commissioner from time to time may authorize. The functions of the division of risk and benefits shall be divided across the following bureaus:
I. The bureau of health and benefits, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Overseeing and administering the state employee and retiree group insurance programs authorized by RSA 21-I:26 through RSA 21-I:36, in accordance with administrative rules adopted pursuant to RSA 21-I:14, XIII.
(b) Coordinating the employee and retiree benefit programs administered through the division of risk and benefits with the benefits and programs offered through the New Hampshire retirement system and the state's deferred compensation commission established in RSA 101-B.
(c) Overseeing and administering all additional employee or retiree benefit programs offered by the state, other than those related to the New Hampshire retirement system or the state's deferred compensation commission established in RSA 101-B.
(d) Conducting ongoing studies of alternative financing methods and benefit offerings.
(e) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual that clearly explains procedures related to the bureau's functions, including but not limited to procedures relating to employee and retiree benefits.
(f) Developing and monitoring insurance and third party administrator contracts related to the state employee and retiree group insurance program in accordance with applicable law, by:
(1) Developing bid specifications for insurance and third party administrator contracts and ensuring bid specifications are in compliance with applicable collective bargaining agreements.
(2) Negotiating final contract terms with the vendors awarded contracts through the procurement process.
(3) Formalizing contract agreements.
(4) Monitoring contracts on an ongoing basis to ensure timely procurement, renewals, amendments, updates, statutory compliance, and extensions.
(5) Ensuring that vendors comply with the requirements of contract agreements by:
(A) Implementing, monitoring, and enforcing performance guarantees.
(B) Receiving and analyzing state employee and retiree group insurance utilization data and statistics.
(C) Monitoring Medicare issues to ensure compliance with federal law and programs.
(g) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(h) Implementing, overseeing, and administering employee wellness initiatives.
(i) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, the state retiree health plan commission established in RSA 100-A:56, the joint legislative fiscal committee established in RSA 14:30-a, and other entities regarding employee and retiree benefits program.
(j) Ensuring that the bureau's programs are compliant with applicable state and federal law.
(k) Monitoring agencies' activities for compliance with benefit program requirements.
II. The bureau of property, casualty, and workers' compensation, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Overseeing and administering the state's workers' compensation program under RSA 21-I:24 and RSA 21-I:25-a or other applicable law.
(b) Identifying loss exposure for all state real and personal property and for personal injury, except as otherwise provided by law, on a continuing basis.
(c) Identifying cost-effective means for protecting against various types of losses, including self-funding, commercial insurance purchases, and risk assumption, and recommending to the director of risk and benefits actions to be taken through the budget process, or other processes, to implement such means.
(d) After consultation with, and approval by the director of risk and benefits, purchasing liability insurance under a fleet policy covering the operation of state-owned vehicles and motorboats, and such other insurance and surety bonds as any state department, agency, or official may be legally authorized to secure, or required to furnish; provided that approval shall not be granted for any such insurance or surety bonds unless the same have been marketed and procured through a resident agent of an insurance company registered and licensed to do business in this state. With the exception of any risk located outside the state, no such insurance company or resident agent, personally or by another, shall allow, give, or pay, directly or indirectly, to any nonresident agent or nonresident broker any part of the commission on the sale of such insurance or surety bonds. The insurance commissioner may suspend or revoke the license of any resident agent or insurance company violating the provisions hereof.
(e) Conducting ongoing studies of alternative financing methods and benefit offerings.
(f) Overseeing the state employee workers' compensation and commercial insurance programs, by:
(1) Preparing bid specifications for commercial insurance and third party administrator contracts related to workers' compensation and commercial insurance in accordance with applicable law, and ensuring bid specifications are in compliance with collective bargaining agreements.
(2) Negotiating final contract terms with the vendors awarded contracts through the procurement process, formalizing contract agreements, and monitoring contracts on an ongoing basis to ensure timely procurement, renewals, amendments, updates, statutory compliance, and extensions.
(3) Managing claims payments and statistical data related to workers' compensation and commercial insurance and ensuring vendors comply with the requirements of contract agreements.
(4) Coordinating and developing processes and procedures related to the workers' compensation and commercial insurance programs.
(5) Monitoring agencies' workers' compensation and commercial insurance activities for compliance with requirements.
(g) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual or manuals that clearly explains procedures related to the bureau's functions.
(h) Evaluating risks facing the state and developing and operating health, safety, loss control, and risk reduction programs, in accordance with loss prevention guidelines adopted pursuant to RSA 21-I:14, II.
(i) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(j) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, and other entities regarding the bureau's programs.
(k) Ensuring that the bureau's programs are compliant with applicable state and federal law.
III. The bureau of finance, under the supervision of a classified administrator, who shall be responsible for the following functions, in accordance with applicable law:
(a) Managing claims payments, vendor payments, statistical data, and financial reporting related to the division's of risk and benefits responsibilities.
(b) Conducting ongoing studies of alternative financing methods and benefit offerings.
(c) To the extent deemed necessary by the director of risk and benefits, creating for potential incorporation into the department of administrative services manual of procedures described at RSA 21-I:14, I(b), a technical assistance manual that clearly explains procedures related to the bureau's functions.
(d) Establishing working rate tables for application to self-insured health benefit programs, including by coordinating and reviewing actuarial projections, considering rate alternatives and modeling, and developing full working rate tables.
(e) Reviewing and making recommendations to the director of risk and benefits that are intended to ensure the proper operation and long term sustainability of the bureau's programs.
(f) Advising the director of risk and benefits and, upon request, the commissioner, the governor and executive council, the general court, and other entities regarding the bureau's programs.
(g) Ensuring that the bureau's programs are compliant with applicable state and federal law.
(h) Monitoring agencies' financial activities for compliance with financial requirements of the state's health benefit program.
Source. 2006, 70:3, eff. June 24, 2006. 2013, 144:25, eff. Mar. 5, 2014. 2017, 193:4, eff. Aug. 29, 2017. 2019, 346:12, eff. July 1, 2019.