Key Takeaways

  • New Hampshire uses the federal HealthCare.gov marketplace for ACA coverage
  • The New Hampshire Insurance Department (NHID) regulates health insurance
  • Pre-existing condition exclusions are prohibited under ACA-compliant plans
  • New Hampshire has mental health parity requirements under RSA 417-E
  • New Hampshire is a "community rating" state for individual and small group markets
Last updated: January 2026

New Hampshire Health Insurance Policy Requirements

New Hampshire has health insurance regulations that work alongside federal requirements under Title XXXVII of the New Hampshire Revised Statutes Annotated.

Regulatory Structure

New Hampshire health coverage is regulated by the New Hampshire Insurance Department (NHID):

AgencyRole
New Hampshire Insurance Department (NHID)Regulates all health insurance, reviews rates and forms
Federal CMSOperates the HealthCare.gov marketplace for New Hampshire

Health Insurance Marketplace

New Hampshire uses the federal HealthCare.gov marketplace:

  • Federally facilitated marketplace
  • Provides access to qualified health plans (QHPs)
  • Premium tax credits available for eligible residents
  • Open enrollment and special enrollment periods apply

Metal Tier Plans

TierActuarial ValueCost Sharing
Bronze60%Higher out-of-pocket costs
Silver70%Moderate cost sharing
Gold80%Lower out-of-pocket costs
Platinum90%Lowest out-of-pocket costs

Community Rating

New Hampshire is a community rating state:

  • Insurers cannot vary rates based on health status
  • Limited rating factors allowed (age, tobacco use, family size, geography)
  • Promotes equal access to coverage

Pre-Existing Condition Protections

New Hampshire prohibits pre-existing condition exclusions in ACA-compliant plans:

Market SegmentPre-Existing Condition Exclusions
IndividualProhibited
Small GroupProhibited
Large GroupLimited by federal law

Guaranteed Issue and Renewal

New Hampshire requires:

Guaranteed Issue

  • Insurers must accept all applicants for ACA-compliant plans
  • Cannot deny coverage based on health status
  • Applies to individual and small group markets

Guaranteed Renewal

  • Insurers cannot cancel coverage except for:
    • Non-payment of premium
    • Fraud or misrepresentation
    • Plan discontinuation (with proper notice)

Mental Health Parity

New Hampshire has its own mental health parity law under RSA 417-E:

Coverage Requirements

New Hampshire law requires health plans to cover:

  • Mental health conditions
  • Nervous conditions
  • Emotional disorders
  • Substance use disorders

Parity Requirements

Under RSA 417-E, insurers must provide:

  • Mental health benefits at parity with medical/surgical
  • No more restrictive financial requirements
  • No more restrictive treatment limitations
  • Comparable prior authorization requirements

Federal MHPAEA Compliance

New Hampshire also requires compliance with the federal Mental Health Parity and Addiction Equity Act (MHPAEA):

  • Financial requirements must be comparable
  • Treatment limitations must be comparable
  • Out-of-pocket costs must be comparable

Exam Tip: New Hampshire has its own state mental health parity law (RSA 417-E) in addition to federal MHPAEA requirements.

Essential Health Benefits

All individual and small group plans must cover:

  1. Ambulatory patient services
  2. Emergency services
  3. Hospitalization
  4. Maternity and newborn care
  5. Mental health and substance use disorders
  6. Prescription drugs
  7. Rehabilitative services
  8. Laboratory services
  9. Preventive and wellness services
  10. Pediatric services (including dental and vision)

External Review

New Hampshire provides external review rights:

  • Consumers can appeal denied claims
  • Independent external review available
  • Binding decision on insurer
Test Your Knowledge

Which marketplace does New Hampshire use for individual health insurance under the ACA?

A
B
C
D
Test Your Knowledge

What is New Hampshire's rating system for health insurance?

A
B
C
D
Test Your Knowledge

Under which law does New Hampshire require mental health parity?

A
B
C
D
Test Your Knowledge

Can New Hampshire health insurers deny coverage based on pre-existing conditions?

A
B
C
D
Test Your Knowledge

What rights do New Hampshire consumers have when a health insurance claim is denied?

A
B
C
D