N.H. Admin. Code § Ins 1907.04 - Prohibited Discrimination in Premium and Contribution Rates

(a) A carrier subject to this chapter shall:

(1) Not require an individual, as a condition of enrollment or continued enrollment under the plan, to pay a premium or contribution rate that is greater than the premium or contribution rate for a similarly situated individual enrolled in the plan based on any health factor that relates to the individual or a dependent of the individual.

(2) Take into account, in determining an individual's premium or contribution rate, discounts, rebates, payments-in-kind and any other premium differential mechanisms.

(b) Nothing in this section restricts the aggregate amount that a carrier subject to this chapter may charge an employer for coverage under a plan. However, a carrier subject to this chapter shall not quote or charge an employer or an individual participant or beneficiary a different premium than that quoted or charged an individual in a group of similarly situated individuals based on a health factor unless permitted under Ins 1907.03(c) or (d) below.

(d) Notwithstanding (a) and (b) above, a carrier subject to this chapter may establish a premium or contribution differential based on whether an individual has complied with the requirements of a bona fide wellness program.

(e) Nothing in this section prohibits a carrier subject to this chapter from charging an individual a premium or contribution rate that is less than the premium or contribution rate for similarly situated individuals if the lower charge is based on an adverse health factor of the individual, such as a disability.

Notes

N.H. Admin. Code § Ins 1907.04

#8607, eff 4-17-06