{"data":{"id":"us-nh/rsa-415-e-2","jurisdiction":"us-nh","citation":"RSA 415-E:2","heading":"Applicability.","body":"I. No person shall, after April 1, 1992, operate a multiple-employer welfare arrangement unless such arrangement is approved by the commissioner. No person shall, after April 1, 1992, operate a multiple-employer welfare arrangement in existence prior to April 1, 1992, unless such arrangement has submitted for approval in compliance with RSA 415-E:4, or otherwise meets the special requirements of paragraph III of this section.\nII. This chapter shall not apply to a multiple-employer welfare arrangement which offers or provides benefits which are fully insured by an authorized insurer or under the provisions of RSA 5-B.\nIII. RSA 415-E:4, RSA 415-E:8, RSA 415-E:9, III and RSA 415-E:11 shall not apply to a multiple-employer welfare arrangement which:\n(a) Meets the general eligibility requirements of RSA 415-E:3, I;\n(b) Is administered primarily from a principal place of business located within the state of New Hampshire;\n(c) Has provided employee health benefits for a continuous period of 10 or more years;\n(d) Maintains a termination liability fund wherein the fund balance plus the total liabilities of the multiple-employer welfare arrangement shall at no time, for a consecutive 90-day period, be less than 40 percent of the aggregate amount of premiums billed during the 6 prior months. For purposes of this subparagraph, that surety amount, if any, deposited with the commissioner pursuant to RSA 415-E:7, I, may be credited as a fund balance asset toward the termination liability fund amount required under this chapter; and\n(e) Files with the commissioner, not later than 4 months following the end of each fiscal year, a report on the financial status of the termination liability fund, which report is filed under oath by a member of its board of trustees, or by an administrative executive duly appointed by the board, and further certified to by an independent certified public accountant with a place of business located within the state of New Hampshire.\nIV. In the event a multiple-employer welfare arrangement does not satisfy the requirements of paragraph III, the arrangement shall within 60 days file with the commissioner an application for approval under RSA 415-E:4, and shall be subject to all provisions of this chapter until such time as the requirements of paragraph III are satisfied.","path":["Title XXXVII: INSURANCE","Chapter 415-E: MULTIPLE-EMPLOYER WELFARE ARRANGEMENTS"],"source_url":"https://gc.nh.gov/rsa/html/XXXVII/415-E/415-E-2.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T16:07:38Z","sha256":"f16a8d3403112c8edb333a2cb23166f72db3474621c43e81773098feb4324780","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-415-e-1","next":"us-nh/rsa-415-e-3"},"notice":"GroundRules: Original legal text. Not legal advice."}