Bill Text: NH HB1546 | 2012 | Regular Session | Amended
Bill Title: Recodifying the laws relative to religious societies and adding a religious exemption to the insurance mandates relative to coverage for contraception.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2012-04-25 - Senate Refer to Interim Study, Regular Calendar 19Y-4N, Motion Adopted; Senate Journal 11, Pg.398 [HB1546 Detail]
Download: New_Hampshire-2012-HB1546-Amended.html
HB 1546 – AS AMENDED BY THE HOUSE
7Mar2012… 1026h
2012 SESSION
09/05
HOUSE BILL 1546
AN ACT recodifying the laws relative to religious societies and adding a religious exemption to the insurance mandates relative to coverage for contraception.
SPONSORS: Rep. Cohn, Merr 6; Rep. Peckham, Rock 13; Rep. P. Brown, Rock 2; Rep. Serlin, Rock 16
COMMITTEE: Constitutional Review and Statutory Recodification
This bill recodifies title 29, relative to religious societies.
This bill also adds a religious exemption to the insurance mandates relative to coverage for contraception.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2012… 1026h
12-2434
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT recodifying the laws relative to religious societies and adding a religious exemption to the insurance mandates relative to coverage for contraception.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Gender Neutral References Amend RSA 306:1 to read as follows:
306:1 Membership. No person shall be liable as a member of an incorporated religious society without his or her express consent first having been obtained; and any person may separate from any such society by leaving with the clerk thereof a written notice signed by him or her of his or her intention so to separate, and by paying all legal assessments and arrearages then due from him or her to the society.
2 Powers as to Donations. Amend RSA 306:3 to read as follows:
306:3 Powers as to Donation. If a donation, gift or grant is made to any unincorporated religious society consisting of 10 or more unrelated individuals, such society shall be a corporation so far as may be necessary to take, hold, manage and use the donation, gift or grant[; but the income of the donations, gifts or grants to any such unincorporated religious society shall not exceed the sum of $5,000 a year].
3 Corporate Powers. Amend RSA 306:4 to read as follows:
306:4 Corporate Powers. The trustees, deacons, church wardens or other similar officers of churches or religious societies[, if citizens of the United States,] shall be deemed bodies corporate for the purpose of taking and holding in succession grants and donations, whether of real or personal estate, made either to them and their successors, or to their respective churches, or to the poor of their churches.
4 Joint Donees. Amend RSA 306:5 to read as follows:
306:5 Joint Donees. If the [ministers, elders or vestry] clergy of a church shall, in the grants and donations mentioned in RSA 306:4, have been joined with the deacons or church wardens as donees or grantees, such officers and their successors, together with the deacons or church wardens, shall be deemed the corporation for the purposes of the grants and donations.
5 Parsonage Land. Amend RSA 306:6 to read as follows:
306:6 Parsonage Land. The [minister] clergy of a church or religious society, of whatever denomination, [if a citizen of the United States,] shall be capable of taking in succession parsonage land granted to the [minister] clergy and his or her successors, or to the use of the [ministers] clergy, or granted by any words of the like import, and may prosecute and defend in all actions relating to the land.
6 Sale of Meeting Houses by Proprietors. Amend RSA 307:1 to read as follows:
307:1 By Proprietors. The proprietors of a meetinghouse[, other than a religious society subject to the provisions of RSA 308,] may sell the same and divide the proceeds as provided in this chapter when it has ceased to be occupied as a place of public worship for the space of 2 years.
7 Sale of Meeting Houses; Procedure. Amend RSA 307:4 to read as follows:
307:4 Procedure. At the meeting called as provided in RSA 307:3, the proprietors may vote to sell the meetinghouse and appurtenances, and appoint all necessary agents to carry their votes into effect. [If the interest of the proprietors consists of the ownership of pews, each one shall have the right to cast one vote for each pew owned by him, and a majority vote shall bind the proprietors.]
8 Repeal. The following are repealed:
I. RSA 306:2, relative to taxes.
II. RSA 306:7 through RSA 306:11, relative to general provisions regarding religious societies.
III. RSA 307:10 through RSA 307:20, relative to repairs, alterations, and removals of meetinghouses.
IV. RSA 308, relative to dissolutions of religious societies.
9 Coverage for Prescription Contraceptive Drugs and Prescription Contraceptive Devices and for Contraceptive Services; Group; Religious Exemption. Amend RSA 415:18-i to read as follows:
415:18-i Coverage for Prescription Contraceptive Drugs and Prescription Contraceptive Devices and for Contraceptive Services. Each insurer that issues or renews any group policy of accident or health insurance providing benefits for medical or hospital expenses, which provides coverage for outpatient services shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state, coverage for outpatient contraceptive services under the same terms and conditions as for other outpatient services. “Outpatient contraceptive services” means consultations, examinations, and medical services, provided on an outpatient basis and related to the use of contraceptive methods to prevent pregnancy which has been approved by the U.S. Food and Drug Administration. Each insurer that issues or renews any policy of group accident or health insurance providing benefits for medical or hospital expenses which provides a prescription rider shall cover all prescription contraceptive drugs and prescription contraceptive devices approved by the U.S. Food and Drug Administration under the same terms and conditions as other prescription drugs. Nothing in this section shall be construed as altering the terms and conditions of a contract relating to prescription drugs and outpatient services. No employer shall be required to include in its coverage for its employees the provisions of this section if the employer has a religious objection.
10 Coverage for Prescription Contraceptive Drugs and Prescription Contraceptive Devices and for Contraceptive Services; Health Service Corporations; Religious Exemption. Amend RSA 420-A:17-c to read as follows:
420-A:17-c Coverage for Prescription Contraceptive Drugs and Prescription Contraceptive Devices and for Contraceptive Services. Every health service corporation and every other similar corporation licensed under the laws of another state that issues or renews any policy of group accident or health insurance providing benefits for medical or hospital expenses, which provides coverage for outpatient services shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state, coverage for outpatient contraceptive services under the same terms and conditions as for other outpatient services. “Outpatient contraceptive services” means consultations, examinations, and medical services, provided on an outpatient basis and related to the use of contraceptive methods to prevent pregnancy which has been approved by the U.S. Food and Drug Administration. Each health service corporation and every other similar corporation licensed under the laws of a different state that issues or renews any group policy of accident or health insurance providing benefits for medical or hospital expenses which provides a prescription rider shall cover all prescription contraceptive drugs and prescription contraceptive devices approved by the U.S. Food and Drug Administration under the same terms and conditions as other prescription drugs. Nothing in this section shall be construed as altering the terms and conditions of a contract relating to prescription drugs and outpatient services. No employer shall be required to include in its coverage for its employees the provisions of this section if the employer has a religious objection.
11 Coverage for Prescription Contraceptive Drugs and Prescription Contraceptive Devices and for Contraceptive Services; Health Maintenance Organizations; Religious Exemption. Amend RSA 420-B:8-gg to read as follows:
420-B:8-gg Coverage for Prescription Contraceptive Drugs and Prescription Contraceptive Devices and for Contraceptive Services. Every health maintenance organization and every other similar corporation licensed under the laws of another state that issues or renews any policy of group health insurance providing benefits for medical or hospital expenses, which provides coverage for outpatient services shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state, coverage for outpatient contraceptive services under the same terms and conditions as for other outpatient services. “Outpatient contraceptive services” means consultations, examinations, and medical services, provided on an outpatient basis and related to the use of contraceptive methods to prevent pregnancy which has been approved by the U.S. Food and Drug Administration. Each health maintenance organization and every other similar corporation licensed under the laws of another state that issues or renews any group health insurance providing benefits for medical or hospital expenses which provides a prescription rider shall cover all prescription contraceptive drugs and prescription contraceptive devices approved by the U.S. Food and Drug Administration under the same terms and conditions as other prescription drugs. Nothing in this section shall be construed as altering the terms and conditions of a contract relating to prescription drugs and outpatient services. No employer shall be required to include in its coverage for its employees the provisions of this section if the employer has a religious objection.
12 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2434
Amended 03/30/12
HB 1546 FISCAL NOTE
AN ACT recodifying the laws relative to religious societies and adding a religious exemption to the insurance mandates relative to coverage for contraception.
FISCAL IMPACT:
The Insurance Department states this bill, as amended by the House (Amendment #2012-1026h), will have an indeterminable fiscal impact on state general fund revenue, and county and local expenditures in FY 2012 and each year thereafter. There is no fiscal impact on state expenditures, or county and local revenue.
METHODOLOGY:
The Insurance Department states this bill adds a religious exemption to the insurance mandates relative to coverage for contraception. The Department states this bill provides the option for some entities to opt out of coverage, leading to antiselection that may result in premiums for those not opting out of the coverage increasing. The Department is not able to determine the impact on premium tax revenue as it is not able to determine if this bill will impact buying decisions. The Department states the State of New Hampshire employee health benefit plan is not impacted by this bill, therefore estimates no fiscal impact on state expenditures. The Department further indicates the fiscal impact on county and local expenditures can not be determined.
