Section 400-B:1 – Purpose.

    400-B:1 Purpose. – The intent of this chapter is to provide clear record retention and production instruction to entities licensed by the department. Source. 2005, 221:1, eff. Sept. 3, 2005.

Section 400-B:10 – Time Limits to Provide Records and to Respond to Examiners.

    400-B:10 Time Limits to Provide Records and to Respond to Examiners. – I. Initial data requests shall be submitted to a company at least 30 days prior to the commencement of the on-site examination, desk audit, or other form of review to provide ample time for the company to prepare the materials requested by […]

Section 400-B:11 – Confidential Materials.

    400-B:11 Confidential Materials. – Original records required to be provided during a market conduct examination shall be returned to the insurer following the examination. If the records relate to an inquiry made by an examiner, copies of the records shall become a part of the work papers of the examination. Examination work papers obtained […]

Section 400-B:12 – Penalties.

    400-B:12 Penalties. – Any insurer or related entity who knowingly violates any provision of this chapter may, upon hearing, except where other penalty is expressly provided, be subject to suspension or revocation of its certificate of authority or license, and an administrative fine not to exceed $2,500 per violation. Source. 2008, 153:3, eff. June […]

Section 400-B:13 – Rulemaking.

    400-B:13 Rulemaking. – The commissioner may adopt rules, pursuant to RSA 541-A, as necessary for the purposes of this chapter. Source. 2015, 91:1, eff. Aug. 4, 2015.

Section 400-B:2 – Definitions.

    400-B:2 Definitions. – All definitions contained in RSA 417 are hereby incorporated by reference. In addition, for the purposes of this chapter: I. " Application and accompanying records " means any written or electronic application form, any enrollment form, any document or record thereof, used to add coverage under any existing policy, questionnaire, telephone […]

Section 400-B:3 – Records Required for Market Conduct Purposes.

    400-B:3 Records Required for Market Conduct Purposes. – I. An insurer or related entity licensed to do business in this state shall maintain its books, records, and documents in a manner so that the commissioner can readily ascertain during an examination the insurer’s compliance with state insurance laws and rules and with the standards […]

Section 400-B:4 – Policy Record File.

    400-B:4 Policy Record File. – I. A policy record file shall be maintained for each policy issued, and shall be maintained for the duration of the current policy term plus 5 years, or for life insurance policies and annuity contracts, for the time the policy or contract is in force and 5 years thereafter. […]

Section 400-B:5 – Claim File.

    400-B:5 Claim File. – I. A claim file and accompanying records shall be maintained for the calendar year in which the claim is closed plus 5 years. The claim file shall be maintained to show clearly the inception, handling, and disposition of each claim. The claim file shall be sufficiently clear and specific so […]

Section 400-B:6 – Licensing Records.

    400-B:6 Licensing Records. – Records to be maintained relating to the insurer’s compliance with licensing requirements shall include the licensing records of each producer associated with the insurer. Licensing records shall be maintained to show clearly the licensing status of the producer at the time of solicitation, negotiation, or procurement, as well as the […]

Section 400-B:7 – Complaint Records.

    400-B:7 Complaint Records. – The complaint records required to be maintained under RSA 417 shall include a complaint log or register, or grievance log or register for health insurers, in addition to the actual written complaints. The complaint log or register shall show clearly the total number of complaints for the current year plus […]

Section 400-B:8 – Format of Records.

    400-B:8 Format of Records. – I. Any record required to be maintained by an insurer may be created and stored in the form of paper, photograph, magnetic, mechanical, or electronic medium; or any process that accurately forms a durable reproduction of the record, so long as the record is capable of duplication to a […]

Section 400-B:9 – Location of Files.

    400-B:9 Location of Files. – I. All records required to be maintained under this chapter shall be kept in a location that will allow the records to be produced for examination within the time period required. When, under normal circumstances, someone other than the insurer maintains a required record or type of record, the […]