Clarification of Bulletin No. 08-079-AB

The State of New Hampshire Insurance Department 21 South Fruit Street, Suite 14 Concord, NH 03301 Roger A. Sevigny Commissioner Alexander K. Feldvebel Deputy Commissioner BULLETIN Docket Number: INS NO. 09-021-AB TO: All Health Insurers and Third Party Administrators Authorized to Conduct Business in New Hampshire FROM: Roger A. Sevigny DATE: March 13, 2009 RE: Clarification of Bulletin No. 08-079-AB regarding Professional Employer Organizations (PEOs), Group Health Insurance Statutes, and Small Group Health Insurance Statutes Questions have been raised from a number of sources regarding the status, in light of Bulletin No. 08-079-AB, of existing health insurance coverage written through the sponsorship of PEOs. This is to clarify that, so long as the coverage is written by a health carrier that is licensed to write coverage in New Hampshire, the coverage is a valid and enforceable insurance contract. Neither does such coverage constitute “unauthorized insurance” within the meaning of RSA 406-B. The Department is developing further guidance for carriers writing coverage through the sponsorship of PEOs regarding the steps that will need to be taken to ensure that, going forward, coverage is written in a manner that complies with New Hampshire standards. The Department plans no action regarding existing coverage or coverage written during the pendency of further guidance.