NH LEG Insurance Balance Billing


On Jun. 25, NH LEG issued bill on surprise medical billing prohibitions.


  • NH LEG passed bill SB 173 to establish prohibitions against surprise medical bills.
  • Adds new Ch 358-T to TITLE XXXI (Trade and Commerce) of the NH Revised Statutes (NH INS XXXI-358-T), prohibition on balance billing covered person for health care.
  • Bill Provisions
  • Enacted same requirements, prohibitions as exist under federal No surprises act (NSA)
  • Re payments to, billing by, out-of-network providers of emergency medical services and out-of-network providers of any health care service rendered at in-network facility.
  • It required that health carriers cover out-of-network emergency services and services provided at the in-network facilities by out-of-network providers in the same manner.
  • As if the services were provided by an in-network provider or in-network facility.
  • Health carrier must pay out-of-network provider or facility a rate that is determined either through open negotiation between parties or through fair value review process.
  • Must be the same fair value standards as established in NSA and same independent dispute resolution (IDR) entities as are certified under the federal IDR process.
  • Upon failure of open negotiation between the parties, the health care provider or facility will have the option to utilize either the State or the federal IDR process.
  • Incorporated same prohibitions as NSA re balance billing by out-of-network providers for covered services provided at in-network facility, for covered emergency services.
  • Legislative History
  • On Jan. 20, 2023, bill was introduced in Senate; on Jun. 24, 2024, bill passed Senate.
  • On Apr. 2, 2024, bill was introduced in House; on Jun. 25, 2024, bill passed House.
  • Effectiveness
  • Upon approval, act will take effect Jan. 1, 2025.
  • Jul. 2024 NH LEG Governor Approval
  • On Jul. 3, 2024, NH LEG reported governor approved bill, effective on Jan. 1, 2025.
  • Jul. 2024 NH LEG Press Release
  • On Jul. 10, 2024, NH LEG reported passage of bill SB 173, signed on Jul. 3, Ch. 0143.

Regulators NH LEG
Entity Types Ins
Reference Ch 143, PR, 7/10/2024; PR, Act, 7/3/2024; Bill SB173, 6/25/2024; NSA; Citation: NH INS XXXI;
Functions Claims/Accelerated Benefits; Compliance; Legal; Operations
Countries United States of America
Category
State
Products Insurance; Insurance-Health
Regions Am
Rule Type Final
Rule Date 6/25/2024
Effective Date 1/1/2025
Rule Id 216781
Linked to N/A
Reg. Last Update 7/10/2024
Report Section US Insurance

Last substantive update on 07/15/2024