New Hampshire law prohibits the establishment of a state-based health exchange.1 When a federally-facilitated exchange is established, the insurance commissioner has authority over insurance plans.2 The commissioner may establish standards and training requirements for navigators on a federally-facilitated exchange. The commissioner must allow brokers to enroll individuals, employers, or employees in qualified health plans offered through a federally-facilitated exchange.

The commissioner of health and human services has the authority to establish eligibility standards, enrollment procedures, and outreach mechanisms for persons who are enrolled through a federally-facilitated exchange, Medicaid, or CHIP.3

A joint health care reform oversight committee is established to provide oversight, policy direction, and recommendations for legislation relating to the Patient Protection and Affordable Care Act.4 The insurance commissioner and the commissioner of health and human services must obtain approval from the committee prior to implementing the Patient Protection and Affordable Care Act.5

A health exchange advisory board is established to advise the insurance commissioner and the commissioner of health and human services regarding the interests of New Hampshire businesses and consumers with respect to any federally-facilitated exchange.6