Bill fights to maintain insurance claims openness in New Hampshire

Uncertainty over a US Supreme Court decision could threaten the state’s transparency efforts in terms of claims data on employer health plans

Insurance News

By Lyle Adriano

Amidst a U.S. Supreme Court decision that could prevent the state from collecting claims data from employer health plans, New Hampshire lawmakers are considering a bill that would help preserve the worth of NHHealthCost.org—the state’s famed health cost transparency program.

According to a Fosters report, the New Hampshire Insurance Department developed NHHealthCost.org about ten years ago as a means for employers and consumers to easily compare the cost of medical providers in the state based on the prices insurers have paid for such procedures.

On March 1, the Supreme Court ruled in Gobeille v. Liberty Mutual that the state of Vermont “can no longer require the collection of claims data from employer health plans regulated by the U.S. Department of Labor under ERISA,” particularly if the employer plans are self-funded.

In comparison to Vermont, New Hampshire’s law that allows the state to demand claims data is a part of the state’s insurance laws; in this case, a different legal standard would apply.

The Court’s decision, however, has created uncertainty among insurers operating in New Hampshire about what types of claims data they are permitted to submit to the state, to be posted on NHHealthCost.org.

On March 24, New Hampshire state senators will have a chance to review and vote for legislation designed to clarify the state’s claims data submission requirements while staying consistent with the Court’s decision. The bill in question, drafted by Senator Nancy Stiles, will allow self-funded employers subject to ERISA the choice of whether or not their data should be included in the database.

Stiles’ bill will permit insurers to continue submitting full claims data to NHHealthCost.org.

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