SB 162-FN – AS INTRODUCED
2011 SESSION
01/09
SENATE BILL 162-FN
AN ACT relative to federal health care reform 2010.
SPONSORS: Sen. White, Dist 9; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bradley, Dist 3; Sen. Bragdon, Dist 11; Sen. Carson, Dist 14; Sen. Forrester, Dist 2; Sen. Gallus, Dist 1; Sen. Groen, Dist 6; Sen. Morse, Dist 22; Sen. Rausch, Dist 19; Sen. Sanborn, Dist 7; Sen. Stiles, Dist 24; Rep. Hunt, Ches 7; Rep. Avard, Hills 20; Rep. D. McGuire, Merr 8; Rep. Accornero, Belk 4
This bill clarifies the intent of the RSA chapter regarding the implementation of federal insurance reform and removes the repeal of the law authorizing the insurance commissioner to implement insurance reforms required under federal law.
This bill also requires the insurance commissioner to obtain approval from the legislature and all other state agencies before implementing any federal health care reform changes.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-1005
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to federal health care reform 2010.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose and Scope. Amend RSA 420-L:1, II to read as follows:
II. Further, it is the intent of this chapter to prevent the state of New Hampshire from defaulting into federal oversight regarding the Act by not meeting certain federally-mandated time frames measuring the progress being made of state-implemented requirements under the Act. It is not the intent of this chapter to commit the state of New Hampshire to the full implementation of the Act, but rather to preserve the state’s options regarding the implementation as each requirement arises.
III. The provisions of this chapter shall ensure that New Hampshire residents obtain the [full] protections and benefits provided by the Act [prior to any legislative action in the 2011 legislative session that may be necessary], notwithstanding the affirmative choice of the general court of the state of New Hampshire not to participate in some or all of the Act’s provisions.
2 Federal Health Care Reform 2010; Authority of Commissioner. Amend the introductory paragraph of RSA 420-L:3 to read as follows:
The commissioner shall enforce the consumer protections and market reforms as set forth in the Act that relate to insurance; provided that he or she shall first obtain approval from the oversight committee, established in RSA 420-L:6, the general court, and all other state agencies. Except as provided in RSA 420-L:7, the approvals required pursuant to this section shall also apply to the creation of insurance exchanges. This section shall not include the medical assistance program under RSA 167. The commissioner shall have full power and authority in accordance with the time frames set forth in the Act to:
3 Health Insurance Oversight Committee; Duties. Amend RSA 420-L:6 to read as follows:
420-L:6 Health Insurance Reform Oversight Committee. There is established a health insurance reform oversight committee consisting of 2 members of the senate, appointed by the president of the senate, one of whom shall be from the senate commerce[, labor and consumer protection] committee, and 3 members of the house of representatives, appointed by the speaker of the house, 2 of whom shall be from the house commerce and consumer affairs committee. The committee shall elect from its membership a chairman. The committee shall meet at the request of the commissioner[, but no more frequently than monthly] or the chairman. The commissioner shall make such periodic reports to the oversight committee relative to the department’s federal insurance reform implementation plans and initiatives as may be required by the oversight committee. The oversight committee shall make [a summary] an annual report on federal insurance reform implementation, together with any recommendations for legislation, to the house commerce and consumer affairs committee and the senate commerce[, labor and consumer protection] committee [by the first day of the 2011 legislative session] on or before November 1, 2011 and thereafter on or before November 1 of each year. The department shall not enforce or implement any federal reforms including, but not limited to, adopting rule changes, submitting grant proposals or requests, or any other implementation of the federal health care law without explicit approval from the general court and all other state agencies.
420-L:7 Applicability; Exchanges. This chapter shall not be construed to preclude the establishment of separate, privately run insurance exchanges, the ability to purchase health insurance outside of an exchange, or the purchase of health insurance by consumers without an exchange.
4 Repeal. The following are repealed:
I. 2010, 243:15, relative to the repeal of RSA 420-L regarding federal health care reform.
II. 2010, 243:16, relative to the expiration of rules adopted pursuant to RSA 420-L.
5 Effective Date. This act shall take effect upon its passage.
LBAO
11-1005 01/24/11
SB 162-FN - FISCAL NOTE
AN ACT relative to federal health care reform 2010.
FISCAL IMPACT:
The Insurance Department states this bill will have an indeterminable fiscal impact on state expenditures and revenue in FY 2011 and each year thereafter. There is no fiscal impact on county and local expenditures or revenue.
METHODOLOGY:
The Insurance Department states this bill requires specific Legislative approval prior to any action by the Department to enforce any of the consumer protections under federal health care reform. The Department is not clear how this would be implemented, therefore cannot determine the fiscal impact of this bill. The Department also states this bill addresses health insurance exchanges for which there is no known fiscal impact.