Committee Summary for House Commerce and Consumer Affairs (05/20/2025)

Bill/Time	Type	Title	Sponsor
HB297 2024-402H11-B 00:10:52.240 - 9:07:28 AM	Executive Session	relative to providing self-funded employer health benefit plans access to their claims data.	Spier, Carry(D)[D-]2025
HB87 2293 03:29:16.319 - 12:25:52 PM	Executive Session	prohibiting the posting of land not owned by the poster.	Love, David(R)[B+]2025

HB297 2024-402H11-B: Chris Information Only00:10:52.240 - 9:07:28 AM; Chris confirmed that he had emailed the amendment to the committee members, though some had not yet seen it. He mentioned that the subcommittee would have to finalize everything by the following Thursday and had scheduled additional subcommittee meetings for the next day as a precaution.
HB297 2024-402H11-B: Unnamed Committee Member Information Only00:12:08.560 - 9:08:44 AM; An unnamed committee member inquired if the amendment distributed in the meeting was significantly different from the one emailed the previous night. Chris explained that the emailed version was initially drafted by the department and the current one was revised by legislative services, indicating some differences.
HB297 2024-402H11-B: Michelle Heaton, New Hampshire Insurance Department Information Only00:13:27.600 - 9:10:03 AM; Michelle Heaton, the director of life and health at the New Hampshire Insurance Department, discussed the amendment, noting that legislative services had added a section that the department did not favor. She proposed an alternative amendment to exempt pooled risk management programs from being considered third-party administrators (TPAs) under a different section of the law, explaining that this would be clearer and less likely to cause confusion.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:15:56.079 - 9:12:32 AM; Alex from the New Hampshire Insurance Department provided a detailed explanation of the proposed amendment. He outlined the transfer of regulatory authority over pooled risk management programs from the Secretary of State to the Insurance Department, the exemption of these programs from TPA licensure, preservation of existing statute elements, addition of licensure requirements, and the inclusion of solvency regulation tools from the insurance code. He emphasized the importance of self-governance and the need for regulatory oversight due to past insolvencies, and detailed specific requirements such as rate approval, financial reporting, minimum capitalization, and the establishment of guarantee funds to protect against financial impairment.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:19:38.960 - 9:16:14 AM; Alex continued to explain the amendment, discussing the allowance for pooled risk management programs to issue assessable policies, which could impose additional premiums post-factum if needed, and the requirement for boards to vote on returning premiums if the program's capital exceeds certain levels. He also mentioned the challenges of determining adequate surplus and the potential for rapid financial decline even with high capital levels, referencing a scenario from a Milliman article.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:19:38.960 - 9:16:14 AM; Alex continued his previous testimony by discussing the concept of contingent reserves in insurance regulation, explaining that there are reserves for known and unknown claims, and anything beyond these is considered surplus. He emphasized that surplus adequacy is crucial and not just about having more than necessary. He finished by stating that the insurance commissioner has the authority and duty to examine the financials of pooled risk management programs at least every five years, similar to insurance companies.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:28:42.640 - 9:25:18 AM; Alex explained that pooled risk management programs are limited to the same types of investments as insurance companies, ensuring safety and adherence to specific standards. He mentioned a provision for mergers and acquisitions requiring insurance commissioner approval to ensure fairness to members. He also discussed the need for a merger provision to prevent insolvency and highlighted the necessity for all transactions within a pooled risk management holding company system to be fair and approved by the commissioner.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:29:46.320 - 9:26:22 AM; Alex continued detailing the provisions of the bill, including general enforcement authority for the insurance commissioner to ensure compliance, appeal rights for pooled risk management programs, rulemaking authority for the insurance commissioner, and the preservation of confidentiality provisions. He also mentioned a severability clause to ensure that if one part of the statute is found unenforceable, the rest remains valid.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:32:14.559 - 9:28:50 AM; Alex responded to a question about why pooled risk management programs are not classified as insurers. He explained that this is a common practice in the insurance code, allowing for specific provisions to apply without subjecting them to all insurance regulations, such as mandated benefits and premium taxes.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:35:08.280 - 9:31:44 AM; Alex addressed concerns about the financial responsibilities of towns under RSA 5B, explaining that pooled risk management programs differ from insurance companies in that they do not have guarantee fund protection. He emphasized the importance of ensuring adequate capital and surplus to maintain stability and prevent insolvency, with the ultimate risk resting with the members of the pool.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:37:27.200 - 9:34:03 AM; Alex confirmed the efforts to ensure solvency and stability of pooled risk management programs, emphasizing that the insurance department prioritizes solvency over the return of premiums. He explained the importance of regulatory oversight to prevent situations where premiums are too low to cover losses, leading to insolvency.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:39:43.599 - 9:36:19 AM; Alex discussed the differences between managing commercial insurers and non-profit risk pools, explaining that these entities have unique governance structures and are not managed for profit. He used the example of fraternal benefit societies to illustrate the differences and emphasized the need for tailored regulatory approaches.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:42:07.760 - 9:38:43 AM; Alex clarified that the insurance department did not request oversight of pooled risk management programs but drafted the amendment at the committee's request. He explained that the department would leverage existing financial solvency systems to regulate these entities if oversight were assigned to them.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:51:14.640 - 9:47:50 AM; Alex responded to questions about the specifics of the amendment, including licensing requirements, self-governance provisions, rate approval processes, and the optional guarantee fund. He explained that the amendment aims to strengthen governance and ensure financial stability without impacting the tax-exempt status of these entities.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:57:15.359 - 9:53:51 AM; Alex discussed the requirement for pooled risk management programs to maintain a certain level of surplus and the process for determining whether to return premiums or use them for stabilization. He acknowledged potential additional administrative burdens due to increased regulatory oversight but emphasized the importance of these measures for ensuring solvency.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:59:38.960 - 9:56:14 AM; Alex concluded by expressing confidence in the insurance department's ability to manage the new responsibilities under the amendment, ensuring that pooled risk management programs maintain financial stability and solvency.
HB297 2024-402H11-B: Alex, New Hampshire Insurance Department Information Only00:59:38.960 - 9:56:14 AM; Alex from the New Hampshire Insurance Department finished discussing the department's readiness to administer the proposed amendment. He emphasized that while insolvency cannot be guaranteed to be prevented due to the actions of the entities themselves, the department is prepared to take on the work because they already have a framework in place, which has been used for over a hundred years to oversee insurance companies.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:01:32.200 - 9:58:08 AM; The speaker from the New Hampshire Insurance Department continued discussing the department's capability to administer the amendment. They explained that using a tested framework, they can better anticipate and help prevent insolvency, although it cannot be completely eliminated. The discussion transitioned into a second round of questions from committee members.
HB297 2024-402H11-B: Representative Burrows Information Only01:02:39.119 - 9:59:15 AM; Representative Burrows relayed a question from Representative Ammon about whether the insurance department would be comfortable asking towns to increase their reserve and deal with the political fallout. The response from the department indicated reluctance but a commitment to follow the framework without favoritism.
HB297 2024-402H11-B: Representative Salvi Information Only01:03:35.559 - 10:00:11 AM; Representative Salvi inquired about the potential increase in insurance premiums due to the amendment. The response confirmed that premiums might need to increase if claims exceed contributions, but the goal is to minimize such increases to only those necessary due to health cost increases.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:04:46.079 - 10:01:22 AM; The speaker from the New Hampshire Insurance Department elaborated on the potential impact on health insurance premiums. They clarified that while health costs rise annually, the amendment aims to ensure that any rate increases are justified by health cost increases rather than arbitrary decisions.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:05:47.599 - 10:02:23 AM; The discussion continued with questions about the potential impact on health insurance costs due to the amendment. The speaker noted the lack of experience with 5B entities and the hope that a flexible framework would minimize costs for these entities.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:06:42.160 - 10:03:18 AM; The speaker addressed the fiscal note and the potential cost increases due to the amendment. They admitted uncertainty about the exact financial impact but acknowledged that changes typically involve increased costs.
HB297 2024-402H11-B: Representative Spear Information Only01:07:45.599 - 10:04:21 AM; Representative Spear asked about the responsibility for rate setting under the amendment. The response clarified that the risk pool would be responsible for setting rates, with the insurance department reviewing them based on specific criteria.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:08:50.158 - 10:05:26 AM; The speaker continued to discuss the amendment's impact on rate setting and political pressures. They emphasized that the department would direct the risk pool on necessary actions, maintaining the framework's integrity.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:09:55.920 - 10:06:31 AM; The speaker addressed the historical reasons for insolvency under the Secretary of State's supervision, attributing it to a lack of timely financial reporting. They also discussed the potential impact of the amendment on risk pool rates and how it might be perceived by members.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:11:20.159 - 10:07:56 AM; The speaker responded to questions about the amendment's impact on risk pool rates and governance. They highlighted the advantages of forming a risk pool and how the amendment aims to address insolvency concerns while maintaining these benefits.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:12:18.320 - 10:08:54 AM; The speaker discussed the differences between the amendment and the original bill, emphasizing the need for a more flexible and effective approach to prevent insolvency. They stressed that the amendment offers a chance for entities to revive themselves and stay in business.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:13:14.640 - 10:09:50 AM; The speaker continued to argue for the amendment's approach to insolvency, stating that it offers a more proactive and flexible method compared to the Secretary of State's model. They expressed optimism about the amendment's potential to be well-received by towns.
HB297 2024-402H11-B: Unknown, New Hampshire Insurance Department Information Only01:14:35.040 - 10:11:11 AM; The speaker concluded their argument for the amendment, emphasizing the need for a more effective and flexible approach to prevent insolvency. They noted that the Secretary of State's model lacks the foresight and flexibility needed.
HB297 2024-402H11-B: Representative Miles Information Only01:15:43.120 - 10:12:19 AM; Representative Miles expressed concerns about changing the regulatory course mid-crisis and noted the absence of the Insurance Commissioner. They suggested reverting to the Secretary of State's original bill with added safeguards to prevent insolvency.
HB297 2024-402H11-B: Lisa Duket, School Care Oppose01:16:42.719 - 10:13:18 AM; Lisa Duket from School Care, representing a health pool with 100 public entities, opposed the amendment. She expressed concerns about loss of local control, the governance structure, and additional administrative costs that would be passed onto taxpayers. She also highlighted potential issues with the amendment's language and the risk pools' tax-exempt status.
HB297 2024-402H11-B: Scott D. Roach, Health Trust Support01:37:48.719 - 10:34:24 AM; Scott D. Roach from Health Trust, covering 356 member groups, strongly supported the amendment. He emphasized that the amendment's requirements are clear, consistent, based on actuarial standards, and will promote financial stability and accountability. He highlighted key provisions such as minimum and maximum reserve levels, rate approval, and oversight mechanisms, which are more rigorous than current laws.
HB297 2024-402H11-B: Gene Heric, Health Trust Support01:37:48.719 - 10:34:24 AM; Gene Heric, general counsel at Health Trust, supported the amendment, emphasizing its role in ensuring viable and valuable risk pool environments. He addressed concerns about solvency and the need for higher reserve levels, explaining that the amendment allows for both accessible and non-accessible policies, aligning with the organization's model.
HB297 2024-402H11-B: Unnamed Speaker Information Only02:05:35.960 - 11:02:11 AM; The speaker discussed the finalization of the amendment for bill HB297, expressing initial skepticism about its passage but later acknowledging a change in perspective. They confirmed the presence of committee members and moved to vote on the amendment.
HB297 2024-402H11-B: Representative Spear Vote02:07:03.320 - 11:03:39 AM; Representative Spear made a motion to pass the amendment 2024-402H11-B for bill HB297, which was seconded by Representative Patusk. The motion passed with six votes in favor and none opposed.
HB87 2293: Unnamed Speaker Information Only03:29:16.319 - 12:25:52 PM; The speaker discussed the amendment for bill HB87, which involves regulations on serving alcohol in various business settings, including barber shops and bridal shops. They emphasized the need for businesses to be registered and approved by the commission for a specific location. The amendment also introduces new licenses and fees, and they noted the importance of compliance and record-keeping.
HB87 2293: Unnamed Speaker Information Only03:31:12.040 - 12:27:48 PM; The speaker continued the discussion on the amendment for HB87, highlighting that the license would be limited and not broadly applied. They mentioned potential applications in various businesses, including real estate offices and funeral homes, and stressed the importance of adhering to the rules and regulations.
HB87 2293: Unnamed Speaker Information Only03:37:56.399 - 12:34:32 PM; The speaker elaborated on the enforcement of the new regulations under the amendment for HB87. They explained the progressive discipline procedure for non-compliance, starting with verbal counseling and potentially leading to fines and points. They also mentioned the need for businesses to keep records of patrons served alcohol.
HB87 2293: Representative Burroughs Vote03:40:04.760 - 12:36:40 PM; Representative Burroughs, seconded by Representative Patusk, moved to pass the amendment number 2293 for bill HB87. The motion passed with six votes in favor and none opposed.
HB87 2293: Unnamed Speaker Information Only03:41:10.080 - 12:37:46 PM; The speaker discussed the agenda for the next day, focusing on the 'pool risk' and 'ambulance bill', indicating that these would be the final items to be addressed.

Hunt, John(Chairman)(R)[B+]2025	Post, Lisa(Clerk)(R)[A]2025	Potucek, John(V Chairman)(R)[A-]2025
Salvi, Santosh(D)[CT]2025	Chourasia, Manoj(D)[F]2025	Ammon, Keith(R)[A]2025
Herbert, Christopher(D)[D-]2025	Osborne, Jason(R)[A+]2025	Thackston, Dick(R)[B+]2025
Walsh, Lilli(R)[B]2025	Porcelli, Susan(R)[B]2025	Spier, Carry(D)[D-]2025
Burroughs, Anita(D)[F]2025	Gibbs, Merryl(D)[D-]2025	McAleer, Chris(D)[D-]2025
Sullivan, Jared(D)[D]2025	Miles, Julie(R)[A-]2025	Presa, Adam(R)[B]2025