New Hampshire Revised Statutes 415-E:2 – Applicability
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I. No person shall, after April 1, 1992, operate a multiple-employer welfare arrangement unless such arrangement is approved by the commissioner. No person shall, after April 1, 1992, operate a multiple-employer welfare arrangement in existence prior to April 1, 1992, unless such arrangement has submitted for approval in compliance with N.H. Rev. Stat. § 415-E:4, or otherwise meets the special requirements of paragraph III of this section.
II. This chapter shall not apply to a multiple-employer welfare arrangement which offers or provides benefits which are fully insured by an authorized insurer or under the provisions of RSA 5-B.
III. N.H. Rev. Stat. § 415-E:4, N.H. Rev. Stat. § 415-E:8, N.H. Rev. Stat. § 415-E:9, III and N.H. Rev. Stat. § 415-E:11 shall not apply to a multiple-employer welfare arrangement which:
(a) Meets the general eligibility requirements of N.H. Rev. Stat. § 415-E:3, I;
(b) Is administered primarily from a principal place of business located within the state of New Hampshire;
(c) Has provided employee health benefits for a continuous period of 10 or more years;
(d) Maintains a termination liability fund wherein the fund balance plus the total liabilities of the multiple-employer welfare arrangement shall at no time, for a consecutive 90-day period, be less than 40 percent of the aggregate amount of premiums billed during the 6 prior months. For purposes of this subparagraph, that surety amount, if any, deposited with the commissioner pursuant to N.H. Rev. Stat. § 415-E:7, I, may be credited as a fund balance asset toward the termination liability fund amount required under this chapter; and
(e) Files with the commissioner, not later than 4 months following the end of each fiscal year, a report on the financial status of the termination liability fund, which report is filed under oath by a member of its board of trustees, or by an administrative executive duly appointed by the board, and further certified to by an independent certified public accountant with a place of business located within the state of New Hampshire.
IV. In the event a multiple-employer welfare arrangement does not satisfy the requirements of paragraph III, the arrangement shall within 60 days file with the commissioner an application for approval under N.H. Rev. Stat. § 415-E:4, and shall be subject to all provisions of this chapter until such time as the requirements of paragraph III are satisfied.
II. This chapter shall not apply to a multiple-employer welfare arrangement which offers or provides benefits which are fully insured by an authorized insurer or under the provisions of RSA 5-B.
Terms Used In New Hampshire Revised Statutes 415-E:2
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. N.H. Rev. Stat. § 415-E:4, N.H. Rev. Stat. § 415-E:8, N.H. Rev. Stat. § 415-E:9, III and N.H. Rev. Stat. § 415-E:11 shall not apply to a multiple-employer welfare arrangement which:
(a) Meets the general eligibility requirements of N.H. Rev. Stat. § 415-E:3, I;
(b) Is administered primarily from a principal place of business located within the state of New Hampshire;
(c) Has provided employee health benefits for a continuous period of 10 or more years;
(d) Maintains a termination liability fund wherein the fund balance plus the total liabilities of the multiple-employer welfare arrangement shall at no time, for a consecutive 90-day period, be less than 40 percent of the aggregate amount of premiums billed during the 6 prior months. For purposes of this subparagraph, that surety amount, if any, deposited with the commissioner pursuant to N.H. Rev. Stat. § 415-E:7, I, may be credited as a fund balance asset toward the termination liability fund amount required under this chapter; and
(e) Files with the commissioner, not later than 4 months following the end of each fiscal year, a report on the financial status of the termination liability fund, which report is filed under oath by a member of its board of trustees, or by an administrative executive duly appointed by the board, and further certified to by an independent certified public accountant with a place of business located within the state of New Hampshire.
IV. In the event a multiple-employer welfare arrangement does not satisfy the requirements of paragraph III, the arrangement shall within 60 days file with the commissioner an application for approval under N.H. Rev. Stat. § 415-E:4, and shall be subject to all provisions of this chapter until such time as the requirements of paragraph III are satisfied.