TITLE XXXVII
INSURANCE

CHAPTER 420-G
PORTABILITY, AVAILABILITY, AND RENEWABILITY OF HEALTH COVERAGE

Section 420-G:10


[RSA 420-G:10 effective until 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021; see also RSA 420-G:10 set out below.]
    420-G:10 Qualified Association Trust and Qualified Purchasing Alliance. –
I. A qualified association trust or other entity, as defined in RSA 420-G:2, XV, and a qualified purchasing alliance, as defined in RSA 420-M:2, X, shall:
(a) Comply with the rating restrictions outlined in RSA 420-G:4 for all small employer members with 50 or fewer employees based upon the association's or alliance's group experience, except that for a qualified association trust, no rating factor shall be utilized without the express written consent of the association.
(b) Offer all eligible members, as defined under the applicable trust or other documents, coverage and rates on a guaranteed issue and renewable basis.
(c) Comply with the regulations concerning medical underwriting in RSA 420-G:5.
(d) Comply with the preexisting conditions provision of RSA 420-G:7.
(e) Prohibit any employer that voluntarily discontinues participation in either a qualified association trust or a qualified purchasing alliance from rejoining for a period of at least 24 months.
II. Nothing in this chapter shall be interpreted to limit the size of employers who may participate in coverage with a qualified association trust or a qualified purchasing alliance.

[RSA 420-G:10 effective 60 days after certification by the insurance commissioner that 29 C.F.R. section 2510.3-5(b) is valid and that issues raised in State of New York v. United States Department of Labor have been resolved, but not later than December 1, 2021; see also RSA 420-G:10 above.]


420-G:10 Qualified Association Trust. –
I. A qualified association trust or other entity, as defined in RSA 420-G:2, XV shall:
(a) Comply with the rating restrictions outlined in RSA 420-G:4 for all small employer members with 50 or fewer employees based upon the association's or alliance's group experience, except that no rating factor shall be utilized without the express written consent of the association.
(b) Offer all eligible members, as defined under the applicable trust or other documents, coverage and rates on a guaranteed issue and renewable basis.
(c) Comply with the regulations concerning medical underwriting in RSA 420-G:5.
(d) Comply with the preexisting conditions provision of RSA 420-G:7.
II. Nothing in this chapter shall be interpreted to limit the size of employers who may participate in coverage with a qualified association trust.

Source. 1997, 344:1. 2003, 188:8. 2010, 346:10, eff. July 20, 2010. 2019, 346:413.