405-C:3 Declaration of Status; Tax Exemption. –
I. Any arrangement authorized and meeting the standards required under this chapter is not an insurance company, reciprocal insurer, or insurer under the laws of this state, and administration of any activities of the arrangement shall not constitute doing an insurance business for purposes of regulation or taxation. Such self-insurance arrangements shall not be subject to the premium tax under RSA 400-A:32 and shall not be subject to assessment with respect to the administration fund under RSA 400-A:39.
II. Any such arrangement operating under this chapter, whether or not a body corporate, trust, or charter, may sue or be sued, make contracts, hold and dispose of real property, borrow money, contract debts, and pledge assets in its name.
III. Joint self-insurance arrangements shall be governed by this chapter and shall be exempt from this title, except for the provisions of:
(a) RSA 400-A:16, relative to investigations;
(b) RSA 400-A:17 through RSA 400-A:24, relative to hearings and appeals;
(c) RSA 400-A:37, relative to examinations;
(d) RSA 402-B relative to insurance claims adjusters;
(e) RSA 402-H relative to third-party administrators;
(f) RSA 402-J, relative to producer licensing; and
(g) RSA 417:1 through 417:31 relative to unfair trade practices and fraud investigations.
IV. This section does not apply to or provide exemptions for insurance companies issuing policies to cover the arrangement, third-party administrators, insurance producers, or other licensees subject to RSA title XXXVII servicing the joint self-insurance arrangement.