New Hampshire HB 1744: relative to oversight and reporting requirements for health insurance carriers regarding mental health coverage.

Bill Text

HB 1744-FN - AS INTRODUCED

2026 SESSION

 26-2865

 05/08

HOUSE BILL 1744-FN

AN ACT relative to oversight and reporting requirements for health insurance carriers regarding mental health coverage.

SPONSORS: Rep. Hartnett, Hills. 41; Rep. Burroughs, Carr. 2; Rep. M. Pearson, Rock. 34; Rep. Raymond, Hills. 5; Rep. Wallner, Merr. 19; Sen. Long, Dist 20; Sen. Rosenwald, Dist 13

COMMITTEE: Commerce and Consumer Affairs

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ANALYSIS

 This bill establishes reporting requirements for health insurance carriers regarding mental health and substance use disorder coverage. The bill directs the insurance commissioner shall review reports annually to ensure compliance with state and federal requirements. The bill directs the commissioner of health and human services to compile similar information regarding mental health and substance use disorder coverage under the state Medicaid program.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2865

 05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to oversight and reporting requirements for health insurance carriers regarding mental health coverage.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Section; Managed Care Law; Mental Health Coverage Reporting and Oversight. Amend RSA 420-J by inserting after section 6-e the following new section:

 420-J:6-e Mental Health Coverage Reporting and Oversight.

 I. Each health insurance carrier offering health benefit plans in this state shall submit an annual report to the insurance department, no later than March 1 of each year, detailing the carrier's policies, procedures, and data regarding mental health and substance use disorder coverage, including but not limited to:

 (a) Utilization management practices, including prior authorization, step therapy, and medical necessity criteria.

 (b) Claims denial rates for mental health and substance use disorder services compared to medical/surgical services.

 (c) Average wait times for in-network mental health provider appointments.

 (d) Provider network adequacy specific to mental health and substance use disorder care.

 (e) Efforts to ensure compliance with federal mental health parity laws.

 II. Reports shall be submitted in a form prescribed by the insurance commissioner and made publicly available, with de-identified aggregate data to protect patient privacy.

 III. The insurance commissioner shall review reports annually to ensure compliance with state and federal requirements.

 IV. The commissioner may adopt rules under RSA 541-A to enforce this section, including establishing penalties for failure to submit complete or timely reports.

 V. The commissioner shall prepare a biennial report to the general court summarizing trends, compliance status, and recommendations for legislative action. 

 VI. This section shall apply to health carriers providing coverage under the New Hampshire granite advantage health care program pursuant to RSA 126-AA.

 2 New Paragraph; Department of Health and Human Services; Mental Health Coverage Reporting and Oversight. Amend RSA 126-A:3 by inserting after paragraph X the following new paragraph:

 XI. Beginning March 1, 2027 and annually thereafter, the commissioner of the department of health and human services shall prepare a detailed report regarding the scope and adequacy of mental health coverage and substance use disorder treatment available under the state Medicaid plan, Medicaid managed care waivers and 1115 demonstrations. The commissioner shall submit the report to the speaker of the house of representatives, the senate president, and the governor and shall make the report available on the department's website. The report shall include the data and information regarding: 

 (a) Utilization management practices, including prior authorization, step therapy, and medical necessity criteria.

 (b) Claims denial rates for mental health and substance use disorder services compared to medical/surgical services.

 (c) Average wait times for in-network mental health provider appointments.

 (d) Provider network adequacy specific to mental health and substance use disorder care.

 (e) Efforts to ensure compliance with federal mental health parity laws.

 3 Effective Date. This act shall take effect 60 days after its passage.

 LBA

 26-2865

 12/15/25

HB 1744-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to oversight and reporting requirements for health insurance carriers regarding mental health coverage.

FISCAL IMPACT: This bill does not provide f