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to the The New Hampshire Medical Malpractice Joint Underwriting Association.

House Bill 508 (HB 508) has passed the House and Senate and is expected to become law shortly.

If enacted, HB 508 will begin the process of the closing of the New Hampshire Medical Malpractice Joint Underwriting Association (JUA).

Under HB 508 and under RSA 402-C, the insurance commissioner as receiver, with approval from the court, will appoint a special deputy receiver who will identify all creditors of the JUA and all legal obligations of the JUA, including policyholder claim obligations.  The special deputy receiver will pay those creditors or claims, or will as necessary, contract with a private insurer to take over responsibility for managing and paying all JUA claims.

Once all JUA obligations have been paid or assumed by a private insurer, all remaining JUA assets shall be transferred to the Merrimack County Superior Court.  The court will determine the legal rights of policyholders to receive these funds.

All JUA policies that are in effect upon the enactment of HB 508 will remain in force, but, no new applications will be accepted.

Any pending application for coverage submitted before HB 508 takes effect can be processed and a policy can be issued, but any policy issued must terminate on or before December 31, 2016.

After the enactment of HB 508 and through the end of this year, the special deputy receiver may renew existing JUA coverage, however, no renewal policy can be issued after December 31, 2015.


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