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Find a Lawyer in New HampshireAbout Health insurance Law in New Hampshire, United States
Health insurance in New Hampshire is regulated by both federal and state laws to ensure consumers receive fair treatment from insurance companies. The state has its own set of rules governing private health insurance, Medicaid, and the Children's Health Insurance Program (CHIP). Insurance plans are offered through employers, the state’s online marketplace, and directly from private insurers. Laws in New Hampshire are designed to protect consumers, provide access to affordable coverage options, and enforce requirements for essential health benefits.
Why You May Need a Lawyer
Health insurance policies and claims in New Hampshire can be complex. Here are common situations where consulting a lawyer can be beneficial:
- You have been denied health insurance coverage or your claim was rejected.
- You are facing unexpected bills due to "surprise" medical charges.
- You need help understanding your policy or coverage limits.
- You suspect your insurer is acting in bad faith or not following state regulations.
- You need assistance appealing a denial or underpayment of benefits.
- Your employer-sponsored insurance plan has changed unexpectedly to your detriment.
- You are disputing coordination of benefits between multiple insurers.
- You are enrolling in Medicaid or CHIP and need guidance through eligibility requirements.
- You feel you are being discriminated against due to pre-existing conditions.
Local Laws Overview
New Hampshire health insurance is governed primarily by the New Hampshire Insurance Department, which enforces the state’s Insurance Code and related regulations. Some of the key legal topics relevant to health insurance in New Hampshire include:
- Guaranteed Issue: Insurers must offer health plans to any eligible applicant regardless of health status.
- Essential Health Benefits: All individual and small group plans must include essential benefits like emergency services, hospitalization, maternity, prescription drugs, and mental health care.
- No Pre-existing Condition Exclusions: Insurers cannot refuse coverage because of a pre-existing health condition.
- Appeals Process: State law provides a process for consumers to appeal claim denials through both internal reviews with the insurer and external reviews involving independent third parties.
- Network Adequacy: New Hampshire law requires insurers to maintain adequate provider networks so patients can reasonably access in-network care.
- Short-Term Health Plans: The state restricts some types of temporary or short-term health insurance, so it’s important to check current regulations before enrolling.
- Protection from Surprise Billing: Certain out-of-network medical bills are regulated to protect consumers from high unexpected charges.
Frequently Asked Questions
What are my options for purchasing health insurance in New Hampshire?
You can obtain health insurance through your employer, the federal health insurance marketplace, directly from a private insurer, or through public programs like Medicaid or CHIP if you qualify.
Can an insurer deny me coverage because of my medical history?
No, under both federal and New Hampshire state law, insurers cannot deny coverage or charge more due to pre-existing conditions.
What should I do if my health insurance claim is denied?
You have the right to appeal the denial. Start with an internal appeal by contacting your insurer. If your appeal is unsuccessful, you can request an external review by an independent entity.
How does New Hampshire protect me from surprise medical bills?
State law limits how much you can be billed for certain emergency services or out-of-network care, reducing the risk of large, unexpected charges.
What are essential health benefits and are they required in my plan?
Essential health benefits are a set of health care service categories that all individual and small group plans must cover, such as hospitalization, mental health, prescription drugs, and preventive care.
How do I file a complaint about my health insurance provider?
You can file a complaint with the New Hampshire Insurance Department if you believe your rights have been violated or your insurer is not complying with state law.
Do I have to buy health insurance in New Hampshire?
There is no longer a federal penalty for being without health insurance, and New Hampshire does not have a state-level mandate as of early 2024.
Can I get help paying for health insurance?
Yes, you may be eligible for subsidies through the federal health insurance marketplace or qualify for programs like Medicaid or CHIP based on your income and household size.
Am I covered when traveling out of state?
It depends on your plan. Many plans provide emergency coverage out of state, but non-emergency care may not be covered or may require higher out-of-pocket costs.
What rights do I have if my employer changes or cancels my health plan?
If your employer changes or ends your group coverage, you may be eligible for COBRA continuation coverage or a special enrollment period to get other insurance.
Additional Resources
The following organizations and agencies can help answer questions or guide you through health insurance laws and your rights in New Hampshire:
- New Hampshire Insurance Department: Regulates insurance companies, handles complaints, and provides consumer education materials.
- New Hampshire Health Plan: Information on high-risk health insurance pool coverage.
- Department of Health and Human Services: Oversees Medicaid, CHIP, and other public programs.
- Healthcare.gov: The federal marketplace for health insurance enrollment and subsidy applications.
- Legal Aid and Consumer Protection Programs: Organizations like New Hampshire Legal Assistance help with insurance disputes.
Next Steps
If you need legal assistance relating to health insurance in New Hampshire, start by gathering all your documents, including insurance policies, correspondence, and medical bills. Consider the nature of your dispute or question and reach out to the appropriate agency, such as the New Hampshire Insurance Department, for initial help or complaint filing. For unresolved issues or if you need representation, consult a lawyer experienced in insurance law. You can use local bar association services or legal aid organizations to find qualified attorneys. Prompt action and clear documentation will help you protect your rights and navigate the complex health insurance system more effectively.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.