420-B:19 Powers of Insurers and Hospital and Medical Service Corporations. –
I. An insurance company licensed in this state, or a hospital, medical or health service corporation authorized to do business in this state, either directly or through a subsidiary or affiliate, may organize and operate a health maintenance organization under the provisions of this chapter. An insurance company licensed in this state, or a hospital, medical or health services corporation shall obtain a certificate of authority pursuant to RSA 420-B:2 and shall comply with all of the provisions of this chapter with respect to its health maintenance organization activities. Notwithstanding any other law which may be inconsistent herewith, any 2 or more such insurance companies, hospitals or medical service corporations, or subsidiaries or affiliates thereof, may jointly organize and operate a health maintenance organization. The business of insurance is deemed to include the providing of health care services by a health maintenance organization owned or operated by an insurer or a subsidiary thereof.
II. Notwithstanding any provisions of the laws of this state relating to insurance corporations engaged in the business of insurance, or any provisions of RSA 420-A relating to health service corporations, an insurer or health service corporation may contract with a health maintenance organization to provide insurance or similar protection against the cost of care provided through health maintenance organizations and to provide coverage in the event of failure of the health maintenance organization to meet its obligations. The enrolled participants of a health maintenance organization constitute a permissible group under such laws. Under the contracts set forth in this paragraph, the insurer or health service corporation may make benefit payments to health maintenance organizations for health care services rendered by providers pursuant to the health care plan.