State Law

New Hampshire Statutes-Title XXXVII-Chapter 420-C: Preferred Provider Agreements

08/15/2023 New Hampshire Section 420-C:5-a

Prohibiting Limitations on Liability; Disclosure of Information

Anti-gag clause, Liability-insurer shifting to physician

See bold text below:

Liability-Insurer Shifting to Physician

I. No contract between a health care insurer and a physician, for the purpose of delineating the rights and obligations of the parties within the provider network, shall limit the liability of the health care insurer for any actions of the physician for which the health care insurer might otherwise be liable.

Anti-gag Clause

II. No contract between a health care insurer and a health care provider shall limit what information such health care provider may disclose to patients or to prospective patients regarding the provisions, terms, or requirements of the health care insurer’s products as they relate to the needs of such provider’s patients except for trade secrets of significant competitive value.

III. No contract shall use the term physician for the purpose of allowing a health care insurer to avoid contracting with other health care professionals for health care services. A physician shall mean a person licensed to practice medicine under RSA 329. Nothing in this section shall be construed to require a health care insurer to contract with a health care provider.

IV. No contract between a health care insurer and a health care provider shall limit coverage for preexisting conditions beyond 9 consecutive months from the date of enrollment.

SeeĀ https://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXXVII-420-C.htm