412:27 Information to be Furnished Insureds; Hearings and Appeals of Insureds. – I. Every advisory organization and every insurer shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by the insurer, or to […]
412:28 Filing and Approval of Rates and Rating Plans. – I. Every insurer, that insures employers against liability for compensation under the workers’ compensation law, RSA 281-A, shall file with the insurance commissioner individually or in collaboration with others, in such form as the commissioner may prescribe every manual, minimum premium, class rate, rating […]
412:29 Withdrawal of Approval. – The commissioner may withdraw approval of any premium, rate, rating manual, or schedule filed by any insurer according to RSA 412:28, if, in the commissioner’s judgment, such rate filing no longer results in premiums that are adequate, not excessive, or not unfairly discriminatory. Source. 2003, 150:1. 2005, 248:12, eff. […]
412:3 Definitions. – In this chapter: I. [Repealed.] II. " Advisory organization " means any entity, including its affiliates or subsidiaries, which either has 2 or more member insurers or is controlled either directly or indirectly by 2 or more insurers, and which assists insurers in ratemaking-related activities such as those enumerated in RSA […]
412:30 Special Notice Required. – Any insured receiving a premium quote from an insurer, based on an approved rating plan, as described in RSA 412:28, that is higher than the premium that would be derived from the rates and rating plan approved for the assigned risk plan, shall be made aware by the insurer, […]
412:31 Workers’ Compensation Insurance Rate. – All insurance carriers authorized to write workers’ compensation insurance shall make available, at the written request of the employer, a workers’ compensation insurance rate containing a deductible provision which shall bind the employer to pay, at a minimum, 100 percent of the first $500 of benefits due to […]
412:32 Extraterritorial Auditing Procedure. – I. In this section: (a) " Business headquarters " or " headquarters " means the state in which the business resides, as evidenced by filing of federal income taxes. (b) " Extraterritorial " means the movement of employees and exposures across state lines. (c) " Terminal " or " […]
412:33 Premium and Loss Information. – All insurance companies writing workers’ compensation coverage for risks located in the state of New Hampshire shall provide to each policyholder, on at least an annual basis, premium and loss information relative to the risk’s workers’ compensation experience. Such information shall include loss and claim specific information itemizing: […]
412:34 Schedule Rating. – The commissioner may permit insurers to use appropriate systems of schedule rating filed by any insurer or rating bureau approved by the commissioner, subject to rules adopted under RSA 541-A, to assure the uniform and impartial application of such rating. Such ratings shall be: I. Based on an employer’s safety […]
412:35 Auditable Basis Policies. – I. All workers’ compensation policies issued in this state shall be issued on an auditable basis. A final premium shall be charged based upon actual exposure existing during the term of the policy coverage. II. Audits shall be conducted by either physical inspection of an insured’s records and operations, […]
412:36 Part of Contract. – The adjusted rate arrived at by any reduction or increase from the basic rate filed with and approved by the commissioner, in the application of such system of schedule or merit rating, shall be clearly set forth in the insurance contract or in the endorsement attached thereto. Source. 2003, […]
412:37 Repealed by 2004, 156:8, III, eff. July 23, 2004. –
412:37-a Certificates of Insurance. – Every certificate of insurance issued or presented in this state pursuant to a workers’ compensation insurance policy shall contain the following information: I. All states for which such statutory coverage is provided; II. Names of all executive officers or members who are excluded, if any, pursuant to RSA 281-A:18-a, […]
412:37-b Advisory Organizations; Required Activity. – The commissioner shall consult with workers’ compensation advisory organizations, workers’ compensation carriers, and third party administrators or self-insureds regarding the most effective options for including workers’ compensation medical claims data in the New Hampshire comprehensive health information system, as defined under RSA 420-G:11-a. The commissioner shall make a […]
412:38 Examinations. – I. The commissioner may, as often as he or she deems it expedient, make or cause to be made an examination of each advisory organization or statistical agent referred to in RSA 412:20 and of each group, association or other organization referred to in RSA 412:26, provided that each statistical agent […]
412:39 False or Misleading Information. – No person or organization shall willfully withhold information that will affect the rates or premiums chargeable under this chapter from, or knowingly give false or misleading information to the commissioner, any statistical agent, any advisory organization or any insurer. A person or organization violating this section shall be […]
412:4 Consumer Information. – I. The commissioner may utilize, develop, or cause to be developed consumer information which shall be provided on a readily available basis to purchasers of homeowners, private passenger nonfleet automobile, or property insurance for personal, family, or household needs. II. The commissioner may utilize, develop, or cause to be developed […]
412:40 Penalties. – I. The commissioner, may upon a finding that any person or organization has violated any provisions of this chapter, impose a penalty of not less than $500 or more than $10,000 for each violation, but if the violation is found to be willful, a penalty of not less than $1,000 or […]
412:41 Hearing and Appeal. – Any insurer or organization aggrieved by any order or decision of the commissioner shall be entitled to a hearing and appeal in accordance with the provisions of RSA 541-A. Source. 2003, 150:1, eff. Jan. 1, 2004.
412:42 Exemptions. – The commissioner may by his or her own initiative or upon request of any person, by rule exempt any market from any or all of the provisions of this chapter, if and to the extent that the exemption is necessary to achieve the purposes of this chapter. Source. 2003, 150:1, eff. […]
