In 2018, the New Hampshire legislature enacted key revisions, known as the 2018 Statutory Amendments, impacting statutes like RSA 404-G. These amendments reinforced the role of the Association in gathering assessments for the State of New Hampshire to support the New Hampshire Granite Advantage Health Care Program. This program, established under New Hampshire RSA 126-AA, superseded the Marketplace Premium Assistance Program previously governed by New Hampshire RSA 126-A:5(:XXV).
According to the 2018 Granite Statutory Amendments, the Association is tasked with collecting funds from its members and depositing them into the Granite Advantage Health Care Trust Fund. The amount collected is capped at the lesser of two figures: the “remainder amount” as defined in New Hampshire RSA 126-AA:1(V), or the revenue transferred from the alcohol abuse prevention and treatment fund, alongside taxes from premiums or medical services for the newly eligible Medicaid population, as per New Hampshire RSA 176-A:1(IV). To accommodate these statutory changes, the Association implemented a First Amendment to its Restated Plan. This amendment, approved by both the Commissioner of the New Hampshire Department of Health and Human Services and the Insurance Commissioner of New Hampshire, allows the Association to redirect funds not required for the Marketplace Premium Assistance program and its associated costs into a reserve fund. This reserve is intended to cover potential contingencies related to the Association’s support of the Granite Advantage Program.
The 2018 Statutory Amendments specify a sunset date for the Granite Advantage Program of December 31, 2023, unless future legislation extends it. Should no extension occur, the Association is scheduled to make its final distribution of assessment proceeds to the Granite Advantage Health Care Trust Fund by February 15, 2024. Following this, the Commissioner of the New Hampshire Department of Health and Human Services will determine the final remainder amount under the Granite Advantage Program and communicate this to the Association by February 15, 2025. A reconciliation process will then take place. If assessments collected by the Association fall short of the final remainder amount, the Association will cover the underpayment from its reserves or, if necessary, through a special assessment on its members. Conversely, if the Association has overpaid, the excess amount will be returned to the Association within 45 days of the Commissioner’s report.
