The publisher does not state since when this version applies. Read on 2026-03-02.
Copy read on 2026-11-08 from the Internet Archive's copy of 2026-03-02, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from
21-I:74 Allocation of Statewide Central Services Costs; Allocation of Statewide Indirect Costs.
The commissioner shall allocate statewide indirect costs in a manner consistent with the federally-approved statewide central services cost allocation plan and shall recover such costs from those agencies that benefit from central service support. Agencies shall allocate general fund central services costs incurred by the agency to the appropriate agency funding source for reimbursement to the general fund. Agencies for which internal support costs are appropriated from the general fund shall recover such costs.
Source. 2005, 177:63, eff. July 1, 2005.
I. An agency that receives outside funding from any source shall prepare and submit to the commissioner for review and approval an indirect cost recovery plan. The plan shall include proposals to recover agency indirect costs, the portion of statewide central service costs (statewide indirect costs) allocated to the agency under the statewide central services cost allocation plan, and any computation of indirect costs under RSA 124:11. By October 1 of each year, and prior to submission to the approving federal agency, if any, the agency shall submit the completed indirect cost rate proposal and supporting documentation to the commissioner for review and approval.
II. Notwithstanding paragraph I, the commissioner may waive the requirement that the agency file an indirect cost recovery plan if the commissioner determines that the cost of preparing and submitting the plan exceeds the benefit to the state of receiving such a plan.
Source. 2005, 177:63, eff. July 1, 2005.
Agencies shall reimburse the general fund no later than 30 days after each quarter for all statewide central services costs and that portion of agency indirect costs attributable to recoveries of general fund expenditures. Agencies shall provide such indirect cost information and documentation as may be required by the commissioner to implement this section.
Source. 2005, 177:63, eff. July 1, 2005.
The commissioner may waive any requirement under this subdivision if the commissioner determines that it is in conflict with, or contrary to, state objectives.
Source. 2005, 177:63, eff. July 1, 2005.
In this subdivision:
I. "Commissioner" means the commissioner of administrative services.
II. "Construction management" means a method of contracting where the state engages the services of a contractor to work with an architect or engineer. The contractor assumes risk for construction and is required to provide design phase consultation, including the evaluation of costs, schedules, implication of alternative designs, systems, and materials.
III. "Contract construction" means all construction performed in whole or in part by an independent contractor.
IV. "Cost-plus contract" means a contract under which the payment for the work is the actual cost, plus either a fixed fee or a percentage of the cost as profit.
V. "Department" means the department of administrative services.
VI. "Design build" means a method of contracting where the state engages the professional services of a single entity designer/builder who is responsible for the provision of the design and construction of a project. The designer/builder can be either a single firm or a team of architect, engineer, and builder. The designer/builder contracts directly with all subcontractors and is responsible for the delivery of the completed project.
VII. "Force account basis" means use of a work force directly on the state payroll, rather than an independent contractor.
VIII. "Registered architect or professional engineer" means a person licensed in the state as an architect or engineer.
IX. "Project" means any construction, reconstruction, alteration, or maintenance in any building, plant, fixture, or facility.
(a) The term shall include those projects relating to buildings, plants, fixture, or facilities formerly administered through the department of transportation, division of public works.
(b) The term shall include projects relating to state trails, roads, bridges, and related maintenance and use of facilities under fish and game provisions in title XVIII, public recreation provisions in title XIX, and forestry provisions in title XIX-A. The commissioner may waive requirements for approval by governor and council for short term rentals of equipment contracted for or acquired for the purposes of projects under this subparagraph, provided such projects are reported quarterly to the fiscal committee of the general court.
(c) The term shall not include construction, reconstruction, alteration, or maintenance of highways, bridges, or other items directly related to transportation, which matters shall be managed by the department of transportation.
X. "Using agency or institution" means any executive department, commission, independent establishment, public corporation which is an instrumentality of a state board, bureau, division, institution, service, office, officer, authority, administration, or other establishment in the executive branch of the government, which will have the control of the property after the work is completed.
Source. 2005, 291:9, eff. July 25, 2005. 2023, 79:348, eff. July 1, 2023.
State projects, as defined in RSA 21-I:78, IX, for which the estimated cost is equal to or does not exceed $25,000 may be done on a force account basis as defined in RSA 21-I:78, V, or by contracts awarded through competitive bidding administered by the using agency with the approval of governor and council.
Source. 2005, 291:9, eff. July 25, 2005.
I. Each state project whose estimated cost is more than $25,000 shall be built under contracts awarded to the lowest qualified bidder who meets all project specifications through competitive bidding. The following are excluded from this competitive bidding requirement:
(a) Projects executed under RSA 481 with approval of the governor and council.
(b) Projects for the department of fish and game, the department of military affairs and veterans services, and the department of natural and cultural resources, whose estimated total cost is not more than $1,000,000. The commissioner may grant other agencies an exclusion for specific projects whose estimated cost is not more than $1,000,000 if he or she concludes to do so is in the best interests of the state. Such projects may be done on a force account basis, by contracts awarded through competitive bidding, by short term rental of construction equipment, or by any combination of these methods. These departments are authorized to rent construction equipment for periods not exceeding 6 months at rates the departments deem competitive through the use of quotes or bids.
(c) In an emergency, projects may be done on a force account basis upon the recommendation of the commissioner, with the approval of the governor and council.
(d) Notwithstanding any other provision of law, the commissioner is authorized to use the design build and construction management methods of contracting for any project. The capital project overview committee shall approve preliminary plans prior to construction, reconstruction, alteration, or maintenance if the project is part of a capital project and:
(1) The construction management method of contracting is used; or
(2) The design build method of contracting is used and the estimated cost is more than $500,000. If the design-build method of contracting is used and the estimated cost is $500,000 or less, preapproval of the capital project overview committee shall not be required, but the department shall notify the committee of all such projects and shall provide quarterly reports on project status.
II. Any state project whose estimated cost is more than $500,000 shall be designed by a registered architect or professional engineer unless, upon recommendation of the commissioner, the governor and council shall find that it is in the best interests of the state to provide for in-house design. He or she shall prepare plans and specifications which meet the requirements of all applicable codes and shall provide on-site observation and inspection services. Each registered architect or professional engineer shall carry professional liability insurance in an amount satisfactory to the commissioner consistent with industry standards.
III. After written application to the capital project overview committee, the requirements of paragraph II may be waived upon approval of the capital project overview committee and the governor and council.
IV. State capital budget projects shall not be awarded through cost-plus contracts.
V. Any repair project authorized in the capital budget which requires consultant services shall be put into effect within 90 days after the adoption of the capital budget.
VI. (a) Prior to any work being done by an individual contractor on any major project under this section, such contractor, including all subcontractors and independent contractors, excluding deliveries to and removals from a project administered by the department, shall provide to the commissioner of administrative services:
(1) A certificate of insurance of his or her current workers' compensation coverage in New Hampshire for the classification of work to be completed on the project;
(2) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;
(3) A completed work certificate, provided pursuant to RSA 281-A:4-b, that shall include the total number of employees anticipated to be employed by such contractor, subcontractor, or independent contractor on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;
(4) A copy of the contractor's compliance with a current written safety program, if applicable, as filed with the commissioner of labor under RSA 281-A:64, II and proof of an existing joint loss management committee as required under RSA 281-A:64, III, if applicable; and
(5) The department may develop procedures to obtain the requirements in this section on an annual basis or by a prequalification procedure rather than on a project-by-project basis.
(b) If any construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under RSA 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.
(c) The commissioner of labor may assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or knowingly failed to comply with this section shall be held personally liable for the payment of penalties under this section and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.
(d) All funds collected under this paragraph shall be deposited into the general fund.
(e) The commissioner of labor shall appoint as many individuals as necessary to carry out the department's responsibilities under this paragraph.
(f) On a quarterly basis, the commissioners of administrative services and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems and the department of education office of building aid, a list of any construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.
Source. 2005, 291:9. 2007, 323:3, 8. 2008, 270:2, 3, 5. 2010, 209:3, eff. Aug. 27, 2010. 2012, 247:12, eff. Aug. 17, 2012. 2013, 86:1, eff. Aug. 18, 2013. 2017, 156:14, I, eff. July 1, 2017. 2019, 292:1, eff. Sept. 27, 2019. 2023, 192:4, eff. Aug. 4, 2023. 2025, 100:1, eff. Aug. 16, 2025.
No project subject to the competitive bidding requirements of RSA 21-I:80 shall be awarded to any independent contractor except:
I. If the commissioner decides that the bid of the lowest bidder should be accepted, he or she shall prepare a contract of acceptance of the lowest bid within 60 days from the opening of bids. He or she shall execute the contract in the name of the state. After the contract is executed by the lowest bidder, the form of it approved by the attorney general, and the availability of funds approved by the commissioner of administrative services, he or she shall transmit the contract to the governor and council. Upon approval by the governor and council, it shall become a valid contract of the state.
II. The state reserves the right to reject any and all bids or to negotiate with the lowest qualified bidder who meets all project specifications.
III. If the commissioner decides that for just cause shown the lowest bid submitted should be rejected, he or she shall promptly transmit to the governor and council the recommendation for rejection including reasons. The governor and council shall review the recommendation and any other facts available to them, and make such determination as in their judgment shall be for the best interest of the state. They shall require a public hearing upon request of any bidder or on their own motion to fully establish such facts. Their determination shall be entered upon the records of the secretary of state.
IV. If not more than one bid is received on any state project advertised for contract construction, the commissioner may negotiate a contract for such construction upon terms which he or she may deem most advantageous to the state, subject to the approval of the governor and council. For projects built with federal aid, if any provision of this section is inconsistent with the requirements of applicable federal law and regulations, the latter shall control.
Source. 2005, 291:9, eff. July 25, 2005.
21-I:81-a Requirement for Listing Subcontractor Bids for State Construction Contracts.
The following requirements apply to the construction, reconstruction, installation, demolition, maintenance, or repair of any building by a state agency, including the community college system and university system of New Hampshire, that is required to be awarded through competitive bidding.
I. A general contractor shall provide to the awarding state agency, community college, or university system a list of the names, addresses, CEO, CFO, other LLC principals, and each subcontractor to be used in the performance of the contract as soon as is practicable after the contract award, but in any event prior to the date on which the subcontractor begins work on the project. This provision applies to all subcontractors engaged to work on the project, regardless of the date of their engagement.
II. This section provides minimum disclosure standards regarding subcontractors and shall not preclude an awarding state agency or the community college or university system from setting more rigorous standards for construction work under their jurisdiction.
Source. 2009, 246:1, eff. Sept. 14, 2009.
At the onset of work on any state construction project, including any construction project undertaken by the community college system and the university system of New Hampshire, the general contractor or designated project construction manager, if any, shall provide to the awarding state agency a current list of all subcontractors and independent contractors that the general contractor has agreed to use on the job site, with a record of the entity to whom that subcontractor or independent contractor is directly contracted and by whom that contractor or subcontractor is insured for worker's compensation purposes. This list shall be posted on the jobsite and updated as needed to reflect any new subcontractors or independent contractors and also posted on the state agency website, to be updated every 30 days. If it is determined that a subcontractor or independent contractor is present on a state construction site without the contractor's name and direct contracting relationship being posted in a visible location at the worksite, the general contractor or designated project manager shall require the subcontractor or independent contractor to provide the information within 36 hours and to post the information in a visible location at the worksite. If the information is not provided within 36 hours of its request, the general contractor shall suspend the contractor until the information is provided and posted.
Source. 2009, 246:1, eff. Sept. 14, 2009.
Without limiting the provisions of RSA 21-I:80 and RSA 21-I:81, and to enable the department to maintain a client relationship with the using agencies or institutions in the construction of capital budget items, the department is authorized to:
I. Determine requirements, prepare estimates, advertise, receive bids and award contracts subject to the approval of the governor and council. The department is also authorized to execute all contracts for projects in the name of the state and for the using agency or institution, with the advice and assistance of the attorney general; and after the concurrence of the governor and council, the commissioner of administrative services and the using agency or institution, subject to other statutory limitations.
II. Cause to be undertaken and completed, all construction exceeding $25,000 for any individual project, except as otherwise authorized by the governor and council.
III. Exercise general supervision, control and direction over all matters pertaining to design, construction, maintenance standards, and preservation of all state buildings, and related facilities.
IV. Except as otherwise authorized by the governor and council, cooperate with the department of environmental services by letting for contract, and supervising, all projects on state-owned dams and reservoirs, and performing inspections requested by the department of environmental services. However, operation of facilities under the control of the department of environmental services shall not be delegated to the department of administrative services.
Source. 2005, 291:9, eff. July 25, 2005.
I. (a) The performance of contracts for all state projects costing over $25,000 shall be inspected to assure compliance with the plans and specifications. The department shall require inspection service by one of the following methods:
(1) By a registered architect or professional engineer or representative;
(2) By qualified personnel of the state agency, institution or department concerned; or
(3) By personnel of the division of public works design and construction, or the division's designated agent or agents.
(b) Prior to the execution of a contract for a state project, the department shall notify the state agency, institution, or department concerned which method of inspection shall be followed.
II. The department or its agent shall periodically give to the using agency or institution signed statements that the contract is being executed according to specifications, including a final statement that the project has been completed in accordance with the specifications.
III. Manifests for such payments shall be made and signed by the using agency, department, or institution. Manifests for final payment shall certify that inspections have been carried out, that the project has been completed in accordance with the specifications and the contract, and that it has been accepted. Such manifest shall be certified by the department that the progress reports furnished by the department are correct and that inspections have been made and the provisions of the plans and specifications have been carried out.
Source. 2005, 291:9, eff. July 25, 2005. 2014, 327:30, eff. Aug. 2, 2014.
The department of administrative services is further authorized to:
I. Exercise such general supervision over standards of operation and maintenance of state-owned buildings, except state armories and military reservations, and fixed plant equipment as was formerly the function of the executive officers of the using agencies or institutions or the department of transportation, division of public works, and except as otherwise provided by law.
II. Coordinate long range capital planning to meet the needs of the state, as may be requested by the governor and council and subject to their approval.
III. Operate all public works, not otherwise assigned.
IV. Assist any using agency or institution of the state in the acquisition of lands for a public use, when requested.
V. Employ such technical consultants and other assistants as may be necessary, wherever required in the best interests of the state and consistent with the policy declared in section RSA 21-I:80.
VI. Engage in projects as defined in RSA 21-I:78, IX.
Source. 2005, 291:9, eff. July 25, 2005.
The department of administrative services shall bill state agencies for any design, planning, project management, and/or inspection work for all capital construction projects administered through the department, and for any operating projects that are funded in full or in part with federal funds, agency income, or funding sources other than general funds.
Source. 2005, 291:9, eff. July 25, 2005. 2014, 327:31, eff. Aug. 2, 2014. 2023, 79:166, eff. July 1, 2023.
I. Any person aggrieved by a decision of the manager of the division of public works design and construction relative to public works design and construction shall petition for informal review by the deputy commissioner of administrative services, or the deputy's designee, within 15 days of the decision. Such petition for informal review shall be a prerequisite to an appeal to the commissioner under paragraph II.
II. Any person aggrieved by the determination of the deputy commissioner of administrative services, or the deputy's designee, under paragraph I shall appeal to the commissioner, or the commissioner's designee, within 30 days of the deputy's determination.
Source. 2005, 291:9, eff. July 25, 2005. 2013, 227:2, eff. Sept. 13, 2013. 2014, 327:32, eff. Aug. 2, 2014.
21-I:95 State Credit Card Affinity Program; Administration.
I. Upon a determination by the commissioner of administrative services of the feasibility of a state credit card affinity program which meets the requirements of this subdivision and the minimum enrollment required of financial services companies administering a credit card affinity program, the commissioner shall have the authority to enter into an agreement with a credit card issuer for the issuance of a co-branded or affinity credit card. The credit card issuer and terms of the co-branded card most favorable to the purpose described in paragraph II shall be selected following a request for proposals and awarded through competitive bidding.
II. All fees and other revenue attributable to payments made to the state by the credit card issuer through a co-branding or affinity agreement shall not be general funds of the state but, after deducting the necessary costs of administration by the department of administrative services, shall be paid to the board of trustees of the New Hampshire retirement system and dedicated to an annual reduction in the retirement system's unfunded liability determined under RSA 100-A:16, II.
Source. 2014, 142:2, eff. June 16, 2014.
The purpose and intent of this subdivision is to authorize the commissioner of the department of administrative services, with the approval of the governor and the executive council, to establish the New Hampshire prescription drug competitive marketplace in accordance with this subdivision. The objective of this subdivision is to optimize prescription drug savings by the state of New Hampshire through the following:
I. Adoption of a dynamically competitive reverse auction process for the state health plan selection of pharmacy benefit managers (PBM).
II. Ongoing, real-time electronic review and validation of PBM claims invoices as the foundation for reconciling pharmacy bills.
III. Conduct of market checks using technology driven evaluation of the incumbent PBM's prescription drug pricing based on benchmark comparators.
Source. 2020, 13:16, eff. July 16, 2020.
In this subdivision:
I. "Department" means the department of administrative services.
II. "Pharmacy benefits manager" or "PBM" means a person, business, or other entity, including a wholly or partially owned or controlled subsidiary of a pharmacy benefits manager, that, pursuant to a contract with the health carrier or self-funded health benefit plan, manages the prescription drug coverage provided by the health carrier or self-funded health benefit plan, including, but not limited to, providing claims processing services for prescription drugs, performing drug utilization review, processing drug prior authorization requests, adjudication of grievances or appeals related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs.
III. "PBM reverse auction" means an automated, transparent, and dynamically competitive bidding process conducted online that starts with an opening round of bids and allows qualified PBM bidders to counter-offer a lower price for as many rounds of bidding as determined by the department of administrative services or its authorized representative conducting the reverse auction for a multiple health plan prescription drug purchasing group.
IV. "Price" means the projected cost of a PBM proposal or "bid" for providing prescription drug benefits pursuant to this part, to enable "apples-to-apples" comparison of the costs of competing PBM proposals over the duration of the PBM services contract.
V. "Real-time" means within no more than 12 hours.
VI. "PBA" means a participant bidding agreement entered into by all participants in the PBM reverse auction prior to participation therein.
Source. 2020, 13:16, eff. July 16, 2020.
21-I:98 New Hampshire Prescription Drug Competitive Marketplace.
I. Notwithstanding any provision of law to the contrary, a contract for the services of a PBM for the administration of benefits under this subdivision may be procured by the department, at its sole discretion, in a transparent, online competitive process, or "PBM reverse auction" as set forth in this subdivision. If the department, acting in its discretion, opts to conduct such a process, it shall procure, through the solicitation of proposals from qualified professional services vendors, the following products and services based upon price, capabilities, and other factors as determined by the department:
(a) Technical assistance from a technology operator with respect to all of the following:
(1) Evaluating the qualifications of PBM bidders.
(2) Conducting online-automated reverse auction services to support the department or its authorized representatives in comparing the pricing for the PBM procurement.
(3) Providing related professional services.
(b) Technology platform with the required capabilities for conducting a PBM reverse auction, along with the related services of a technology operator, as described in subparagraph (a). The technology platform shall, at a minimum, possess the capacity to do the following:
(1) Conduct an automated, online, reverse auction of PBM services.
(2) Automate repricing of diverse and complex PBM prescription drug pricing proposals to enable "apples-to-apples" comparisons of the price of PBM bids utilizing 100 percent of annual prescription drug claims data available for state-funded health plans or a multiple health plan prescription drug purchasing group and using code-based classification of drugs from nationally accepted drug sources.
(3) Produce an automated report and analysis of PBM bids, including the ranking of PBM bids based on the comparative costs and qualitative aspects thereof within a 48-hour time period following the close of each round of reverse auction bidding.
(4) Perform real-time, electronic, line-by-line, claim-by-claim review of 100 percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of the PBM services contract resulting from the reverse auction process.
(c) The contract for procurement of the technology platform and technology operator services shall not be awarded to any of the following:
(1) A vendor that is a PBM.
(2) A vendor that is a subsidiary or affiliate of a PBM.
(3) A vendor that is managed by a PBM or receives remuneration from a PBM for aggregating clients into a contractual relationship with a PBM.
(d) The vendor shall not outsource any part of the PBM reverse auction or the automated, real-time, electronic, line-by-line, claim-by-claim review of invoiced PBM prescription drug claims.
(e) With technical assistance and support provided by the technology operator, the department or its authorized representative shall specify the terms of the PBA. The terms of the PBA shall not be modified except by specific consent of the department of administrative services or its authorized representatives.
II. When and if procured, the technology platform used to conduct the reverse auction shall be repurposed over the duration of the PBM services contract as an automated pharmacy claims adjudication engine to perform real-time, electronic, line-by-line, claim-by-claim review of 100 percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of PBM services contracts.
III. An entity may request in writing and subject to the approval of the commissioner to participate in a joint purchasing group with the state employee and retiree group insurance program for procuring for PBM services through a PBM reverse auction or otherwise. All entities participating in a joint purchasing group shall share proportionally in the cost of procurement including all support services.
IV. If the department opts, at its discretion, to conduct a transparent, online competitive PBM selection process, as set forth in this subdivision, the processes and procedures set forth in this section shall apply to prescription drug coverage in connection with the state employee health plan for benefits under this part including for state employees, retirees, spouses, and eligible dependents in accordance with the provisions of RSA 21-I:30 and any applicable collective bargaining agreements. Any other state-funded health plan or self-funded municipal employee or other local government employee health plan, public school employee health plans, operating individually or collectively, and the health plans of the university system of New Hampshire and the community college system of New Hampshire may utilize the processes and procedures set forth in this section individually or collectively or as a joint purchasing group with the state employee health plan.
V. After completion of a first PBM reverse auction by the department for the administration of benefits under the state employee health plan, and at the discretion of the department, self-funded private sector employer or multi-employer health plans with substantial participation by New Hampshire employees and their dependents may be permitted to participate in a joint purchasing pool with state employees for conduct of subsequent PBM reverse auctions provided that such participation shall comply with and shall be consistent with all applicable state and federal law and requirements of ERISA.
VI. The state employee health plan and any self-funded public or private sector health plans that may be permitted to participate with the state in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common drug formulary or common prescription pharmacy benefit design. Any such entity or purchasing group shall agree, before participating in the PBM reverse auction, to accept the prescription drug pricing plan that is selected through the PBM reverse auction process.
VII. Any PBM providing services to the department or a self-funded health plan as described in paragraphs IV and V, shall provide the department and the plan the complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties.
VIII. The department may adopt rules, pursuant to RSA 541-A, to implement the provisions of this subdivision.
Source. 2020, 13:16, eff. July 16, 2020.
There is hereby established the granite state paid family leave plan, which shall be implemented under this subdivision and as provided in RSA 282-B and RSA 77-E.
Source. 2021, 91:464, eff. July 1, 2021.
The purpose of this subdivision is to leverage the purchasing power and economies of scale available to the state when it is acting as purchaser on behalf of state employees and to align this purchasing initiative with a business tax incentive in order to make available to all other public and private employers in the state, on a voluntary basis, advantageously priced family and medical leave insurance (FMLI) wage replacement benefits. By purchasing FMLI coverage for state employees through the medium of commercial insurance, by linking that contract with a contract to make the same coverage available statewide, by acting as premium aggregator for individuals whose employers do not sponsor such coverage, and by introducing a new business tax incentive, the state will position itself to create a market for advantageously priced FMLI benefits. It is the intent of this subdivision to significantly increase the number of employees in the state who receive FMLI wage replacement benefits. The social benefits of increasing the rate of FMLI coverage include attracting and retaining workers, including younger workers, to the state, enabling parents to bond with biological, adopted, or foster children, helping to meet the needs of an aging population, promoting workplace stability, and enhancing worker retention and productivity. While many larger employers provide paid FMLI benefits through self-insurance, this is not feasible for most mid-sized and smaller businesses. The general court therefore finds that it is in the public interest for the state to strategically use its purchasing power and tax expenditure authority to establish a marketplace in the state for advantageously priced FMLI wage replacement benefits.
Source. 2021, 91:464, eff. July 1, 2021.
In this subdivision:
I. "Child" has the same meaning as "son or daughter" in 29 U.S.C. section 2611(12).
II. "Commissioner" means the commissioner of the department of administrative services.
III. "Department" means the department of administrative services.
IV. "Family and medical leave" means leave from work:
(a) Because of the birth of a child of the employee, within the past 12 months;
(b) Because of the placement of a child with the employee for adoption or fostering within the past 12 months;
(c) Because of a serious health condition of a family member; or
(d) Because of any qualifying exigency arising from foreign deployment with the armed forces, or to care for a service member with a serious injury or illness as permitted under the federal Family and Medical Leave Act, 29 U.S.C. section 2612(a)(1)(E) and 29 C.F.R. section 825.126(a)(1)-(8), as they existed on October 19, 2017, for family members as defined in paragraph VI.
V. "Family and Medical Leave Act" means the federal Family and Medical Leave Act of 1993, Pub.L. 103-3, 29 U.S.C. section 2601 et seq.
VI. "Family member" means a "child" as defined in paragraph I, a biological, adoptive, or foster parent, stepparent, or legal guardian of the child or the child's spouse or domestic partner, a biological, adoptive, or foster grandparent or step grandparent, or a spouse or domestic partner.
VII. "FMLI" means family and medical leave insurance providing wage replacement benefits under specified conditions.
VIII. "Serious health condition" means any illness of a family member covered by the Family and Medical Leave Act including treatment for addiction as prescribed by a treating clinician, consistent with American Society of Addiction Medicine criteria, as well as treatment for a mental health condition, consistent with American Psychiatric Association criteria.
IX. "State rate" means the per employee premium amount that is charged by the successful bidder for the state contract for FMLI coverage for state government employees as provided in this subdivision. The state rate shall be expressed as a percentage of wages.
Source. 2021, 91:464, eff. July 1, 2021.
21-I:102 Contracting and Administrative Authority.
I. The commissioner may solicit information about, seek proposals for, negotiate, enter into, and administer group insurance contracts with duly authorized accident and life insurance carriers as necessary and appropriate to provide to qualifying state employees, at state expense and at no cost to such employees, an FMLI plan of wage replacement as described in this subdivision. The provision of this coverage shall be considered a matter of legislatively established public policy that is designed to benefit all employers and employees in the state and that is "confined exclusively to the public employer by statute" as provided in RSA 273-A:1, XI and shall not be subject to collective bargaining. Nothing in this subdivision shall be construed to invalidate any portion of a collective bargaining agreement entered into by the state.
II. The state shall provide to all permanent state employees wage replacement coverage for qualified leave, which shall be available for the same types of leave as protected under the Family and Medical Leave Act except leave for a health condition of the employee. This shall include leave for:
(a) The birth of a child and the care of the newborn child within one year of birth;
(b) The placement with the employee of a child for adoption or foster care and the care of the newly placed child within one year of placement;
(c) Caring for the employee's spouse, child, or parent who has a serious health condition; or
(d) Any qualifying exigency arising out of the fact that the employee's spouse, child, or parent is a covered military member on covered active duty, or caring for a covered service-member with a serious injury or illness if the eligible employee is the service-member's spouse, child, parent, or next of kin.
III. Subject to any changes authorized under RSA 21-I:106, the wage replacement benefits under this FMLI plan shall be structured as follows:
(a) Eligible employees shall receive 60 percent of their average weekly wage.
(b) The maximum duration of wage replacement shall be 6 weeks per year, with no minimum duration required.
(c) Wages used to determine the 60 percent FMLI coverage shall be capped at the amount of the Social Security taxable wage maximum as amended from time to time.
IV. Except as provided in RSA 21-I:103, III regarding individual pool coverage, the commissioner shall establish, through his or her discretionary authority in administering the request for information and the request for proposals process, the following additional elements of the benefit structure consistent with the purposes and policy of this subdivision:
(a) The base period by which the average weekly wage shall be determined.
(b) The tenure requirement, expressed in terms of months of work, before an employee is eligible to be covered provided, however, that no tenure requirement shall apply to an employee who has already met the requirement and then changes jobs.
(c) A waiting period or elimination period provided, however, that a waiting or elimination period shall not be a required element of the benefit structure, and the commissioner shall have authority to implement a plan with no such requirement.
Source. 2021, 91:464, eff. July 1, 2021.
21-I:103 State Employee Coverage Linked to Coverage Offerings for Other Employers and for Individual Employees.
The commissioner shall include in the request for proposals for FMLI benefits for state employees a requirement that the winning bidder shall, as a condition of the state contract, also offer the same FMLI coverage to other public employers, private employers with more than 50 employees, and individual employees on the following terms:
I. Private and public non-state employers shall receive a rate that is derived from the state rate through the application of rating factors that are actuarially justified and specified in the bid response.
II. Employers with more than 50 employees who choose to sponsor coverage for their employees shall contract directly with the winning bidder.
III. Individuals who work for employers who choose not to offer FMLI coverage under this subdivision or who fail to meet minimum participation requirements and who do not offer an FMLI benefit that is at least equivalent to the granite state paid family leave plan shall have the opportunity to contract indirectly with the winning bidder through the purchasing pool for family and medical leave insurance authorized under RSA 282-B and administered by the department of employment security. The pool may be experience rated. Coverage through the pool shall include a 7-month waiting period, a one-week elimination period, and a 60-day annual open enrollment period as established by the commissioner in the procurement process. Premiums for individual pool coverage shall not exceed $5 per subscriber per week.
IV. The commissioner shall establish, through his or her discretionary authority in administering the request for information and the request for proposals process, the following additional elements of the benefit structure and plan administration specifically for employees of sponsoring non-state employers consistent with the purposes and policy of this subdivision:
(a) The minimum participation requirement.
(b) The parameters for open enrollment periods.
(c) Procedures for contributory plans, partially contributory plans, and non-contributory plans.
(d) Procedures for payroll deduction and premium remittance for employers with more than 50 employees.
Source. 2021, 91:464, eff. July 1, 2021.
21-I:104 Conditions of Non-State Employer Participation.
Participation in the plan by non-state employers shall be voluntary. In addition, non-state employers may choose to provide FMLI at no cost to their employees or on a contributory or partially contributory basis.
Source. 2021, 91:464, eff. July 1, 2021.
The commissioner may issue a request for information or a request for proposals to secure FMLI coverage for all eligible employees of the state of New Hampshire and to make advantageously priced coverage available to all other private employers with more than 50 employees and public employers in the state as provided in this subdivision. The department, the department of employment security, and the department of insurance shall jointly evaluate the proposals received in response to the request for proposals. The department shall contract with an insurance carrier or carriers to provide FMLI coverage. The contract with the winning bidder shall be subject to governor and council approval. The selected insurance carrier shall be licensed by the state of New Hampshire and in good standing. The selected insurance carrier shall be subject to all applicable insurance laws and regulations of the state of New Hampshire, and the rates and forms for the FMLI contracts shall be filed for approval with the insurance commissioner.
Source. 2021, 91:464, eff. July 1, 2021.
21-I:106 Commissioner Discretion to Adjust Initial FMLI Benefit Structure.
In exercising authority under this subdivision to contract for FMLI coverage for state employees and also for the availability of advantageously priced FMLI coverage for employees of all non-state employers, the commissioner shall have discretionary authority in initiating this program to make changes to the benefit structure of the FMLI plan under RSA 21-I:102, III and may retain a consulting actuary or other benefit advisors in support of this discretionary determination. This discretionary authority shall be exercised in consideration of the stated purposes and policy goals of this subdivision and of the counsels of the FMLI advisory board established in RSA 21-I:107. Any such changes made under this paragraph shall be subject to approval by the governor and council and the legislative fiscal committee prior to implementation and shall be offered by the legislative fiscal committee as an amendment to this subdivision in the next regular session of the general court.
Source. 2021, 91:464, eff. July 1, 2021.
21-I:107 Family and Medical Leave Insurance Advisory Board.
There is hereby established the family and medical leave insurance advisory board, which shall be administratively attached to the department, and which shall hereinafter be called the FMLI advisory board. The FMLI advisory board shall consist of 9 members to be appointed, with the exception of the legislative members, by the governor. Three of the appointees shall be persons who, because of their vocations, employment, or affiliations, shall represent employers; 3 shall be persons who, because of the vocations, employment, or affiliations, shall represent employees; one shall be a senator appointed by the senate president; one shall be a representative appointed by the speaker of the house of representatives; the remaining appointee, who shall be appointed as chairman, shall be a person whose training and experience qualify her or him to successfully resolve the problems of FMLI procurement, eligibility, benefit design, and program administration. The advisory board shall meet no later than 45 days after each calendar quarter and aid the commissioner in formulating policies and discussing problems related to the implementation and administration of this subdivision and RSA 282-B and in assuring impartiality and freedom from political influence in the solution of such problems. Advisory board meetings shall provide opportunity for public comment.
Source. 2021, 91:464, eff. July 1, 2021.
I. Working in coordination with the commissioner of administrative services as provided in RSA 282-B:6, I, the department shall produce, on an annual basis, a summary report on the granite state paid family leave plan. This report shall be made public and delivered to the governor, the senate president, and the speaker of the house of representatives. It shall include, but not be limited to, a description of progress in carrying out the processes contemplated under this subdivision, progress in improving the rate of FMLI coverage of employees in the state, and recommendations for more fully achieving the purposes and policy goals of this subdivision.
II. [Repealed.]
Source. 2021, 91:464, eff. July 1, 2021. 2025, 37:1(I), eff. July 13, 2025.
The commissioner may adopt rules, pursuant to RSA 541-A, as deemed necessary for the implementation of this chapter.
Source. 2021, 91:464, eff. July 1, 2021.
The state treasurer shall transfer funds from the general fund to the department of administrative services for payment of the administrative and implementation costs associated with this chapter.
Source. 2021, 91:464, eff. July 1, 2021.
The request for proposals for FMLI coverage as described in this subdivision shall be issued no later than March 31, 2022. The FMLI coverage shall be in place for state government employees and available for purchase by other public and private employers with more than 50 employees and individuals by January 1, 2023.
Source. 2021, 91:464, eff. July 1, 2021.
In this subdivision:
I. "Agency" means any department, office, commission, board, subdivision, or other unit, however designated, of the executive branch of state government.
II. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law.
III. "Political subdivision" means any village district, school district, town, city, county, or unincorporated place in the state.
Source. 2025, 141:321, eff. July 1, 2025.
No public entity shall implement, promote, or otherwise engage in any DEI-related initiatives, programs, training, or policies. No state funds shall be expended for DEI-related activities, including but not limited to implicit bias training, DEI assessments, critical race theory, or race-based hiring, promotion, or contracting preferences.
Source. 2025, 141:321, eff. July 1, 2025.
21-I:114 Prohibition on DEI-Related Contract Provisions.
No agencies or political subdivisions shall enter into or renew any contract that includes DEI-related provisions, including requirements for contractors to implement DEI programs, conduct DEI training, or comply with DEI-related reporting obligations.
Source. 2025, 141:321, eff. July 1, 2025.
21-I:115 Review of Agency Contracts for DEI-Related Contract Provisions.
Each state agency shall, no later than October 1, 2025, submit to the department of administrative services a report identifying all contracts under its control that include DEI-related provisions. The report shall include descriptions of each contract, the specific DEI-related provisions contained therein, and the total financial obligation associated with each contract. The department shall combine and submit a consolidated report to the governor, speaker of the house of representatives, and the president of the senate.
Source. 2025, 141:321, eff. July 1, 2025.
21-I:116 Review of Political Subdivision DEI-Related Contract Provisions.
The department of justice shall establish a process by which all political subdivisions review their existing contracts for the presence of DEI-related provisions.
Source. 2025, 141:321, eff. July 1, 2025.