New Hampshire Legislation

SB 272 amends RSA 417-E:1, II to authorize the Insurance Commissioner to enforce the Federal Parity Law and its implementing regulations. The commissioner must periodically examine and evaluate insurers, health service corporations, and health maintenance organizations for compliance and the results of such examinations and evaluations must be made available to the public.

This bill requires the insurance commissioner to investigate insurers for noncompliance with the Federal Parity law. To accomplish this, the commissioner must create a parity specific complaint process for consumers of mental health and addiction services. The commissioner must then conduct an initial assessment and investigation of all complaints of alleged violations of the Federal Parity Law. The commissioner has the authority to order restitution for individuals adversely affected by the insurer’s conduct. All complaints under federal jurisdiction must be referred to the Department of Labor.
The bill also mandates that the insurance commission require insurers to submit annual reports showing compliance with the Federal Parity law. This annual report will include information on provider reimbursement rates, reasonable access to care, benefit compliance, and application of quantitative treatment limitations.
The bill also allows the commissioner to request assistance from the department of justice to investigate violations of the Federal Parity Law.