Section 126-Q:3 Membership, Powers, and Duties of the New Hampshire Vaccine Association.
   I. The New Hampshire vaccine association shall be comprised of all insurers currently writing or maintaining health insurance in New Hampshire.
   II. The New Hampshire vaccine association shall be a not-for-profit, voluntary corporation under RSA 292 and shall possess all general powers of a not-for-profit corporation.
   III. The board of directors shall include:
      (a) Three representatives selected from the insurers currently writing or maintaining health insurance in New Hampshire and having the most covered lives in New Hampshire.
      (b) Two health care provider representatives appointed by the commissioner.
      (c) The commissioner of the department of health and human services, who shall serve as an ex-officio member.
      (d) The commissioner of the department of insurance who shall serve as an ex-officio member.
   IV. The directors' terms and appointments shall be specified in the plan of operation adopted by the New Hampshire vaccine association.
   V. The board of directors of the association shall:
      (a) Prepare and adopt articles of association and bylaws.
      (b) Prepare and adopt a plan of operation.
      (c) Submit the plan of operation to the commissioner of insurance for approval after the consultation with the commissioner.
      (d) Conduct all activities in accordance with the approved plan of operation.
      (e) On an annual basis, no later than November 1 of each year, establish the amount of the assessment.
      (f) Enter into contracts as necessary or proper to collect and disburse the assessment.
      (g) Enter into contracts as necessary or proper to administer the plan of operation.
      (h) Sue or be sued, including taking any legal action necessary or proper for the recovery of any assessment for, on behalf of, or against members of the association or other participating person.
      (i) Appoint from among its directors, committees as necessary to provide technical assistance in the operation of the association, including the hiring of independent consultants as necessary.
      (j) Notify, in writing, each insurer of the insurer's assessment by November 15 of each year.
      (k) Submit an annual report to the commissioner of insurance, in a manner and form determined by the commissioner, listing the association membership base, providing a count of covered lives by member, identifying changes in association membership and covered lives, describing the collection of assessments, listing payment delinquencies, and containing such other related information as the commissioner may require.
      (l) Allow each insurer up to 90 days after the notification required by subparagraph (j) to remit its assessment or submit an assessment payment plan, subject to approval by the association and initial payment under an approved assessment payment plan.
      (m) Deposit annual assessments collected by the association less the association's administrative costs with the state treasurer to the credit of the vaccine purchase fund established pursuant to RSA 141-C:17-a.
      (n) Perform any other functions as may be necessary or proper to carry out the plan of operation.
Source. 2002, 279:2, eff. June 17, 2002. 2008, 375:1, 12-14, eff. July 1, 2008.