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Committee flags broad waiver language in insurance rule and approves postponement
Summary
Staff told lawmakers that several insurance rule waiver provisions lacked clear parameters; the insurance department defended its wording but agreed to work with staff; the committee voted to postpone the rule and granted a waiver on timing to allow edits.
Staff reported concerns about language in the insurance department's conditional approval request (rules in INS 5xxx series), noting that several waiver provisions left the duration and criteria entirely to "the commissioner's discretion" without parameters. Staff recommended inserting examples or criteria to constrain the commissioner’s discretion (for example: temporary waivers for specific circumstances or waivers tied to statewide emergency declarations).
Brenda Golden Halese, legal counsel for the New Hampshire Insurance Department, said the rule language allowing a waiver "for the period of time approved by the commissioner" can accommodate temporary grants, and pointed to past practice (including temporary waivers during COVID). Agency counsel said they would work with staff to tweak language to provide clearer parameters.
After discussion, the committee voted to postpone consideration of the relevant insurance rule and granted the department a timing waiver so staff and agency counsel could refine the rule language and return at a later meeting.
