In its 2018 session, the New Hampshire legislature amended various existing statutes, including RSA 404-G (the 2018 Statutory Amendments). The 2018 Statutory Amendments require the Association to continue in existence for the purpose of collecting assessments on behalf of the State of New Hampshire in support of the New Hampshire Granite Advantage Health Care Program (the Granite Advantage Program) established under New Hampshire RSA 126-AA. In 2023, the New Hampshire legislature further amended RSA 404-G to update its purpose statement and remove outdated program references, revise or add certain statutory definitions, broaden the assessment base to include third-party administrators, and clarify membership in the Association, among other revisions. These amendments became effective January 1, 2024 (the 2024 Statutory Amendments).
RSA 404-G, as amended by the 2018 Statutory Amendments and the 2024 Statutory Amendments, requires the Association to collect from its members (referred to in amended RSA 404-G as “Assessable Entities”) and deposit into the Granite Advantage Health Care Trust Fund an amount not to exceed the lesser of (i) the “remainder amount” defined in New Hampshire RSA 126-AA:1(V) or (ii) the amount of (A) revenue transferred from the alcohol abuse prevention and treatment fund pursuant to New Hampshire RSA 176-A:1(IV) in the State fiscal year ended June 30, 2023, adjusted annually by the change in the Consumer Price Index to a cap of five percent (5%) and (B) taxes attributable to premiums written for medical and other medical-related services for the newly eligible Medicaid population.
In 2023, the New Hampshire legislature also amended RSA 126-AA to extend the original termination date of the Granite Advantage Program from December 31, 2023 to December 31, 2030. Unless extended by future legislation, the Granite Advantage Program will terminate at the end of 2030. If no extension is enacted, then the Association will make its final distribution of assessment proceeds to the Granite Advantage Health Care Trust Fund by February 15, 2031. The Commissioner of the New Hampshire Department of Health and Human Services then will determine the final remainder amount under the Granite Advantage Program and report it to the Association by February 15, 2032. If the true-up reveals that the Association’s assessments resulted in an underpayment of the final remainder amount, then the Association will remit the underpayment from its reserves or, if the reserves are not sufficient, from a special assessment of the Association’s members. If the Association has overpaid the final remainder amount, that overpayment will be remitted to the Association within 45 days of the Commissioner’s report