N.H. Code Admin. R. 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
#8607, eff 4-17-06
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