CHAPTER Ins 100  ORGANIZATIONAL RULES

 

Statutory Authority: RSA 400-A:15, I; RSA 541-A:16, I(a)

 

PART Ins 101 DEFINITIONS

 

         Ins 101.01  “Commissioner” means “commissioner” as set forth in RSA 400-A:3.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss by #6967, eff 3-26-99; ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20

 

         Ins 101.02  “Department” means the New Hampshire insurance department.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss by #6967, eff 3-26-99; ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20

 

PART Ins 102  DESCRIPTION OF DEPARTMENT

 

         Ins 102.01  Commissioner; Administration Division.

 

         (a)  The department is under the direction of the commissioner.

 

         (b)  The commissioner, as head of the department, implements the policies and programs of the department, submits the budget, and has a grant of authority pursuant to RSA 400-A:3.

 

         (c)  Pursuant to RSA 400-A:6, II, the deputy commissioner performs the duties and exercises the power of the commissioner as authorized by the commissioner.  In the vacancy or incapacity of the commissioner, the deputy commissioner becomes the acting commissioner.

           

         (d)  Pursuant to RSA 400-A:6, III-a, the assistant commissioner performs the duties and exercises the power of the commissioner as authorized by the commissioner.  In the vacancy or incapacity of the commissioner and the deputy commissioner, the assistant commissioner becomes the acting commissioner.

 

        (e)  The administration division is responsible for the general oversight and operational needs of the department, including personnel management and the supervision of the department’s various divisions which are herein described. 

 

        (f)  The department may be contacted by telephone directly, 603-271-2261, TDD access relay 800-735-2964, by email at requests@ins.nh.gov, by facsimile 603-271-1406, or by writing to the insurance commissioner at:

 

The New Hampshire Insurance Department

21 South Fruit Street, Suite 14

Concord, NH 03301.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss by #6967, eff 3-26-99; ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20

 

         Ins 102.02  Business Operations Division.

 

         (a)  The business unit is responsible for general office matters, which include:

 

(1)  Federal grants accounting;

 

(2)  Project management;

 

(3)  Health reform coordination;

 

(4)  Requisitioning of supplies and equipment;

 

(5)  Agency budget preparation;

 

(6)  Information technology initiatives;

 

(7)  Facilities management;

 

(8)  Journalizing and depositing all monies received and disbursed;

 

(9)  Accounts payable; and

 

(10)  Accounts receivable.

 

         (b)  The producer licensing unit has responsibility for the collection of fees and the licensing and examination of producers and adjusters, both resident and non-resident, in accordance with RSA 402-B, RSA 402-D, and RSA 402-J.  The producer licensing unit may be contacted directly by telephone, (603) 271-0203, TDD access relay 800-735-2964, by facsimile 603-271-7029, by email at producerquestions@ins.nh.gov, or by writing to the insurance commissioner, to the attention of the producer licensing unit, at:

 

The New Hampshire Insurance Department

21 South Fruit Street, Suite 14

Concord, NH  03301.

 

         (c)  The premium tax unit is responsible for:

 

(1)  Collecting and auditing the premium tax returns in accordance with RSA 400-A, RSA 405, RSA 405-A, RSA 405-B, and RSA 406-B;

 

(2)  Calculating, invoicing, and collecting assessments for the department’s administration fund in accordance with RSA 400-A:39; and

 

(3)  Assisting in the development of projections for general fund revenues received by the department, and monitoring and reporting variances between the actual general fund revenue and estimated revenue.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss and moved by #6967, eff 3-26-99 (from Ins 102.05); ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20

 

         Ins 102.03  Legal Division. 

 

         (a)  The legal division is comprised of the legal counsel unit, the enforcement unit, and the fraud unit, under the direction and supervision of the general counsel.  Pursuant to RSA 400-A:6, VII, the general counsel performs the duties and exercises the power of the commissioner as authorized by the commissioner.

 

         (b)  The legal counsel unit interprets existing laws and rules pertaining to insurance regulation, conducts research to develop departmental policy, and participates in the department’s legislative and rulemaking process.

 

         (c)  The enforcement unit assists the department in meeting its mission of promoting and protecting the public good by ensuring the existence of a safe and competitive insurance marketplace through the equitable enforcement of New Hampshire’s insurance laws and rules.  The compliance and enforcement counsel manages the unit in accordance with RSA 400-A:6, VII.

 

         (d)  The fraud unit conducts criminal investigations and collaborates with other law enforcement agencies to prevent insurance fraud and other insurance-related crimes pursuant to RSA 417:23.  The fraud unit may be contacted directly by telephone, 603-271-2261 or 1-800-852-3416, TDD access relay 800-735-2964, by facsimile, 603-271-1406, by email nhfraud@ins.nh.gov, or by written communication addressed to the insurance commissioner, to the attention of the fraud unit, at:

 

The New Hampshire Insurance Department

21 South Fruit Street, Suite 14

Concord, NH  03301.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss and moved by #6967, eff 3-26-99 (from Ins 102.07); ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20; renumbered by #13218 (formerly Ins 102.04)

 

          Ins 102.04  Life and Health Division.

 

          (a)  The life and health division is comprised of the life and health market conduct examinations unit, the life and health form examinations unit, the life and health rates unit, and the health data analytics unit.

 

          (b)  The life and health market conduct examinations unit is described as follows:

 

(1)  The market conduct examinations unit performs on-site market conduct examinations, desk reviews, investigations, surveys, market analyses, and other steps to determine whether licensees of the department are performing in the marketplace following the laws and rules of this state;

 

(2)  This unit has primary responsibility to regulate and oversee the marketplace operations of insurance department licensees and any other entities regulated by the department;

 

(3)  The market conduct examinations unit addresses market conduct problems using a variety of approaches including proactive outreach, department communications, licensee interviews, information gathering, licensee policies and procedures reviews, interrogatories, voluntary compliance programs, investigations, examinations, compliance programs, and enforcement actions; and

 

(4)  The market conduct examinations unit shares and coordinates its results and certain activities with other states through participation in resources developed by the National Association of Insurance Commissioners (NAIC).

 

          (c)  The life and health forms examinations unit examines the rates and forms for all life and accident and health policies, riders, endorsements, and applications submitted to the section for approval prior to use to ensure conformity to the laws and rules of the state of New Hampshire.

 

          (d)  The life and health rates unit is responsible for:

 

(1)  Reviewing actuarial aspects of policy form and rate filings to determine that premium rates are not excessive, inadequate, or unfairly discriminatory and that premium rates conform to statutory requirements; and

 

(2)  Assisting the commissioner with setting regulatory policy and providing actuarial expertise on life and health matters.

 

          (e)  The health data analytics unit is responsible for:

 

(1)  Supervising the collection and use of data in support of department health care costs and health insurance market transparency efforts; and

 

(2)  Providing health finance and policy expertise on related matters as requested by the commissioner.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss and moved by #6967, eff 3-26-99 (from Ins 102.08); ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20; ss by #13219, eff 6-28-21 (formerly Ins 102.05)

 

         Ins 102.05  Financial Regulation Division. 

 

         (a)  The financial regulation division is responsible for ensuring company solvency, conducting financial examinations, financial analysis, and licensing and registering all domestic and foreign companies and all other regulated entities.  The director of financial regulation manages the division in accordance with RSA 400-A:6, VII.

 

         (b)  The financial regulation division is comprised of 2 units as follows:

 

(1)  The financial examinations unit conducts the on-site financial examination of domestic or foreign insurance companies located throughout the United States.  The chief financial examiner manages the unit in accordance with RSA 400-A:6, VII; and

 

(2)  The financial analysis and company licensing unit:

 

a.  Reviews financial records filed with the department by all licensed insurance companies;

 

b.  Grants, suspends, and revokes company licenses based on financial condition or other changes in a company’s business affairs; and 

 

c.  Has primary responsibility for the regulation of surplus lines or excess insurance as defined in RSA 405:24 through RSA 405:31.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss and moved by #6967, eff 3-26-99 (formerly Ins 102.09); ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20; renumbered by #13218 (formerly Ins 102.06)

 

    Ins 102.06  Property and Casualty Division.

 

          (a)  The property and casualty division is comprised of the property and casualty market conduct examinations unit, the property and casualty forms examinations unit, and the property and casualty actuarial unit.

 

          (b)  The property and casualty market conduct examinations unit is described as follows:

 

          (1)  The property and casualty market conduct examinations unit performs on-site market conduct examinations, desk reviews, investigations, surveys, market analyses, and other steps to determine whether licensees of the department are performing in the marketplace following the laws and rules of this state;

 

(2)  This unit has primary responsibility to regulate and oversee the marketplace operations of insurance department licensees and any other entities regulated by the department;

 

(3)  The unit addresses market conduct problems using a variety of approaches including proactive outreach, department communications, licensee interviews, information gathering, licensee policies and procedures reviews, interrogatories, voluntary compliance programs, investigations, examinations, compliance programs, and enforcement actions; and

 

(4)  The unit shares and coordinates its results and certain activities with other states through participation in resources developed by the NAIC.

 

          (c)  The property and casualty forms examinations unit examines rates and forms for casualty and property insurance contracts submitted to the division to ensure conformity to the laws and rules of the state of New Hampshire.

 

          (d)  The property and casualty actuarial unit is responsible for:

 

(1)  Reviewing actuarial aspects of policy form, rule, and rate filings to determine that premium

rates and rating plans are not excessive, inadequate, or unfairly discriminatory and that premium rates conform to statutory requirements; and

 

(2)  Assisting the commissioner with setting regulatory policy and providing actuarial expertise

on property and casualty matters.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss and moved by #6967, eff 3-26-99 (formerly Ins 102.11); ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20; ss by #13218, eff 6-28-21 (formerly Ins 102.07)

 

          Ins 102.07  Consumer Services Division.

 

          (a)  The consumer services division investigates complaints and responds to inquiries received relating to any entity subject to the regulatory authority of the commissioner in accordance with RSA 400-A:15-e.

 

          (b)  The consumer services division refers matters to other divisions, law enforcement, or other agencies in this state or any other jurisdiction when further investigation or examination is necessary.

 

          (c)  The consumer services division is comprised of 2 functional areas as follows:

 

(1)  Property and casualty disputes; and

 

(2)  Life and health disputes.

 

          (d)  The consumer services division may be contacted directly by calling toll-free 1-800-852-3416, TDD access relay 800-735-2964, by facsimile 603-271-1406, or by email at consumerservices@ins.nh.gov. Written communications shall be addressed to the insurance commissioner, to the attention of the consumer services division, at:

 

The New Hampshire Insurance Department

21 South Fruit Street, Suite 14

Concord, NH  03301

 

          Online complaints may be submitted through the department’s website at https://www.nh.gov/insurance/complaints/index.htm.

 

Source.  #2336, eff 4-8-83; ss by #4287, eff 7-1-87; ss by #5653, eff 7-1-93; ss by #6967, eff 3-26-99; ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20; ss by #13218, eff 6-21-21 (formerly Ins 102.08)

 

         PART Ins 103  REQUESTS FOR DEPARTMENT DOCUMENTS OR RECORDS

 

         Ins 103.01  Document Requests.

 

         (a)  Requests for copies of department documents or records shall be made pursuant to RSA 91-A.

 

         (b)  All requests for copies of department documents or records shall be in a manner that would give the department notice of exactly what records the requestor is seeking, including the period of time from which the records are sought.

 

         (c)  Requests may be delivered to the department:

 

(1)  By U.S. mail to:

 

The New Hampshire Insurance Department

21 South Fruit Street, Suite 14

Concord, NH  03301;

 

(2)  By email to requests@ins.nh.gov;

 

(3)  By facsimile transmission to 603-271-1402;

 

(4)  By telephone at 603-271-2261; or

 

(5)  In person.

 

Source.  #6967, eff 3-26-9999; ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20

 

         Ins 103.02  Department Response.

 

         (a)  The department shall respond to all requests for records as soon as practicable and in accordance with RSA 91-A.

 

         (b)  When inspection of publicly available records is not immediately feasible, the requesting party and the department shall agree upon a mutually convenient time for such.

 

         (c)  By agreement between the requesting party and the department, copies shall be electronically sent to a valid email address provided by the requesting party.

 

         (d)  If copies are requested, the requesting party shall be charged a fee for the actual cost of the paper or electronic copies as assessed by the department.

 

Source.  #6967, eff 3-26-9999; ss by #7984, eff 11-10-03; ss by #12983, eff 2-1-20 (formerly Ins 103.03)

 

APPENDIX

 

RULE NUMBER

STATE STATUTE IMPLEMENTED

 

 

Ins 101.01

RSA 400-A:15, I; RSA 400-A:3; RSA 541-A:16, I(a)

Ins 101.02

RSA 400-A:15, I; RSA 400-A:3; RSA 541-A:16, I(a)

Ins 102.01

RSA 400-A:15, I; RSA 400-A:1; RSA 400-A:3; RSA 400-A:9;

RSA 400-A:10; RSA 400-A:6; RSA 541-A:16, I(a)

Ins 102.02

RSA 400-A:15, I; RSA 400-A:9; RSA 400-A:10; RSA 541-A:16, I(a)

Ins 102.04

RSA 400-A:15, I; RSA 400-A:9; RSA 400-A:10; RSA 400-A:6,VII; 

RSA 541-A:16, I(a)

Ins 102.05

RSA 400-A:15, I; RSA 400-A:9; RSA 400-A:10; RSA 400-A:6, VII; 

RSA 541-A:16, I(a)

Ins 102.06

RSA 400-A:15, I; RSA 400-A:9; RSA 400-A:10; RSA 541-A:16, I(a)

Ins 102.07

RSA 400-A:15, I RSA 400-A:9; RSA 400-A:10; RSA 400-A:15-e;

RSA 541-A:16, I(a)

Ins 102.09

RSA 400-A:15, RSA 400-A:9 and RSA 400-A:10

Ins 102.10

RSA 400-A:15, RSA 400-A:9 and RSA 400-A:10

Ins 102.11

RSA 400-A:15, RSA 400-A:9, RSA 400-A:10 and RSA 417:23

Ins 103.01

RSA 400-A:15, I; RSA 91-A:4; RSA 541-A:16, I(a)

Ins 103.02

RSA 400-A:15, I; RSA 91-A:4; RSA 541-A:16, I(a)