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NEW HAMPSHIRE LAWS AFFECTING EMPLOYER BENEFIT PLANS
The state of New Hampshire has enacted two laws that impact dependent medical eligibility and same-sex civil unions.
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Dependent Eligibility
- HB790
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HB790
requires that dependent children, including non-resident children who attend school in New Hampshire, be covered under medical plans until their 26th birthday. |
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Summary |
| Effective Date of
Law |
Employers must notify eligible members before November
1, 2007 |
| Eligible
Dependents |
Unmarried children who are less than 26 years of age, reside in New Hampshire (or go to school there) and are not covered under any other individual or group insurance plan. |
| Special
Enrollment |
Employers must provide a 60-day special enrollment period for dependents to enroll. The special enrollment can start no later than November 1. Coverage can begin no later than the 1st of the month following the completion of the enrollment form. |
| Eligible
Plans |
Medical plans only. The law does not apply to dental, vision, life/disability, etc. although employers may wish to make eligibility consistent among plans. Self-insured plans are exempt from the law. |
| Same-Sex Civil Unions
- HB437 |
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New Hampshire will recognize same-sex civil unions beginning January 1, 2008.
HB437 permits same gender couples in the state of New Hampshire to enter civil unions and have the same rights, responsibilities, and obligations as married couples. An employee's partner in a civil union will have the same rights as a heterosexual spouse in a marriage. Partners are eligible for the same insurance benefits as provided to a spouse. The process for getting a civil union in New Hampshire is identical to the process for getting married. The process for ending a civil union is identical to the process of getting divorced. |
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Summary |
| Effective Date of
Law |
January 1, 2008 |
| Enrollment/Termination |
Employees have 31 days to enroll their partner after the civil union takes place. To terminate a partner, the employee must follow steps similar to dissolving a marriage. |
| Eligible
Plans |
The law is extra-territorial and applies to all insurance plans that cover employees in New Hampshire. Self-insured plans are exempt from the law. |
| Documentation |
The state of NH is developing forms and applications for entering into a civil union. |
| Other
Notes |
A legal civil union that is valid in Connecticut, Vermont, or New Jersey is recognized in New Hampshire. |
| What Employers Need to Do |
| Before November 1, 2007 notify employees with dependent children living in New Hampshire and provide a 60-day special enrollment period for eligible dependents. |
| Update dependent eligibility for medical plans and, if desired for consistency, dental and vision plans. |
| Update 2008 insurance contracts to reflect eligibility for civil unions.
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For more information:
This document is not intended to provide any legal advice or analysis. Please
consult your own legal counsel for further information on the topics discussed in this
issue of Insight.
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