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"New Hampshire Health Plan" is the trade name for the New Hampshire Individual Health Plan Benefit Association. The New Hampshire Health Plan (NHHP) was formed pursuant to New Hampshire Revised Statutes Annotated (RSA) Chapter 404-G. Membership in NHHP is comprised of all companies which are authorized by law to write health insurance in New Hampshire (see RSA 404-G:4). Those are all companies licensed under any of the following New Hampshire statutes: RSA 402, RSA 420-A or RSA 420-B. This includes all New Hampshire licensed health insurers and HMOs.

NHHP made available individual health insurance to New Hampshire residents who were considered medically uninsurable or who otherwise qualified based on federal and state guidelines (the State High Risk Pool). The Association also operated a subsidy mechanism whereby the risk of catastrophic claims experienced by writers of health insurance for individual policyholders in New Hampshire was offset to a predetermined, limited extent by a financial subsidy furnished to all writers of health insurance in New Hampshire, on an equitable and proportional basis.

Given the establishment under the Affordable Care Act (ACA) of an individual health insurance market place (the Marketplace) and a restriction on insurance carriers prohibiting them from denying individual health insurance because of pre-existing conditions effective January 1, 2014, the New Hampshire General Court determined that the programs operated by the Association were no longer necessary. RSA 404-G was amended by Chapter 200 of the 2013 Legislative Session to direct the Association to transition the enrollees in its high risk pool to the Marketplace, cease providing health care coverage through the high risk pool, and wind down its affairs. Pursuant to terms of the Association’s policies, individuals covered under the state high risk pool were required to submit claims for coverage no later than June 30, 2015. As a result, the Association was liable for claims incurred but not reported (IBNR).

As required by RSA 404-G:11, the Risk-Sharing Subsidy Mechanism and the Under 19 Subsidy Mechanism ended for any losses experienced after December 31, 2013 (the Subsidy Mechanism Cessation Date). In accordance with the Association’s plan of operation, eligible carriers which sought a subsidy for losses experienced in calendar year 2013 were required to file a subsidy application not later than July 1, 2015.

Companies which cover more than 500 lives or more than 5% of either the group or individual health insurance market are eligible to participate in the governance of NHHP through election of industry representatives to the NHHP Board of Directors. Also participating on the Board are (a) the New Hampshire Commissioner of Insurance, and (b) individuals the Commissioner has selected to represent each of the following constituencies: (i) health care providers, (ii) consumers, (iii) insurance brokers and (iv) small employers.

In its 2016 session, the New Hampshire legislature passed a law, known as House Bill 1696 (HB 1696), which was signed by the Governor and became effective April 5, 2016. HB 1696 includes the following amendments to the Association's enabling statute, New Hampshire RSA 404-G. The corporate purpose of the Association has been expanded to include support of the State's marketplace premium assistance program, a component of the New Hampshire Health Protection Program which expands Medicaid coverage (the "Program"). To fulfill this purpose, HB 1696 requires the Association to collect from its members for the period from January 1, 2017 through December 31, 2018 fifty percent of the so-called “remainder amount" due under the Program for deposit into the New Hampshire Health Protection Trust Fund. Lastly, HB 1696 requires the Association to amend its plan of termination by October 1, 2016 to continue the Association for the limited purpose of collecting and depositing the above-described assessments for the State's Program, and to require that any excess funds remaining after the cessation of the Association's high risk pool and subsidy mechanism activities and the payment of related liabilities be used for the Program.


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