2016 New Hampshire Revised Statutes
Title XXXVII - INSURANCE
Chapter 420-G - PORTABILITY, AVAILABILITY, AND RENEWABILITY OF HEALTH COVERAGE
Section 420-G:4 - Premium Rates.

    420-G:4 Premium Rates. –
    I. Health carriers providing health coverage to individuals and small employers under this chapter shall be subject to the following:
       (a) All premium rates charged shall be guaranteed for a rating period of at least 12 months, and shall not be changed for any reason, including but not limited to a change in the group's case characteristics.
       (b) Market rate shall be established by each health carrier for all of its health coverages offered to individuals and, separately, for all of its health coverages offered to small employers.
       (c) Health carriers shall calculate health coverage plan rates for each of the coverages or health benefit plans written by that carrier. Variations in health coverage plan rates shall be solely attributable to variations in expected utilization or cost due to differences in coverage design and/or the provider contracts or other provider costs associated with specific coverages and shall not reflect differences due to the nature of the groups or eligible persons assumed to select particular health coverages.
       (d) In establishing the premium charged, health carriers providing coverage to individuals and small employers shall calculate a rate that is derived from the health coverage plan rate through the application of rating factors that the carrier chooses to utilize consistent with 42 U.S.C. section 300gg and any regulations adopted thereunder, except that the state shall constitute a single geographic rating area. Nothing in this subparagraph shall be construed to expand the authority of the commissioner to adopt rules pursuant to RSA 541-A.
       (e) [Repealed.]
       (f) Each rating factor that a carrier chooses to utilize in the individual market shall be reflective of claim cost variations that correlate with that factor independently of claim cost variations that correlate with any of the other allowable factors.
       (g) The same rating methodology shall apply to newly covered individuals and to individuals renewing at each annual renewal date, or to new small employers and small employers renewing at each annual renewal date or anniversary date. Rating methodology shall not be construed to include health carrier incentives to individual subscribers or members to participate in wellness and fitness programs provided such incentives are approved by the insurance department.
       (h) The commissioner shall not approve any filing if such filing is excessive, inadequate, or contrary to the intent of this chapter.
    II. (a) Health carriers providing health coverage to large employers may not require any person, as a condition of receiving health coverage or continued health coverage, to pay a premium or contribution that is greater than that of similarly situated persons based on any health status related factor of that person or that person's dependents.
       (b) Nothing in subparagraph (a) shall be construed to restrict the amount that a health carrier may charge a large employer, nor to prevent a health carrier from establishing premium discounts or rebates or modifying copayments or deductibles in return for adherence to programs of health promotion and disease prevention.
    III. [Repealed.]

Source. 1997, 344:1. 1998, 340:9, 10. 2001, 295:2; 296:1, 2. 2003, 188:5, 6, 15. 2005, 225:9, 10, 13, 15. 2013, 272:5, 6, eff. Jan. 1, 2014.