THIRD PARTY ADMINISTRATORS
[§431:9J-101] Definitions. For purposes of this article:
"Administrator" or "third party administrator" means a person who collects charges or premiums from, or who adjusts or settles claims on, residents of this State in connection with self-insurance, stop-loss, or life insurance coverage, accident and health or sickness insurance coverage, or article 1 of chapter 432, except the following:
(1) An employer on behalf of its employees or the employees of a subsidiary or an affiliated corporation of the employer;
(2) A union on behalf of its members;
(3) An insurer authorized to transact insurance in this State with respect to a policy lawfully issued and delivered in and pursuant to the laws of this State or another state;
(4) A producer licensed to sell life insurance coverage or accident and health or sickness insurance coverage in this State, whose activities are limited exclusively to the sale of insurance;
(5) A managing general agent licensed in this State whose activities are limited exclusively to the scope of activities conveyed under that license;
(6) An individual adjuster licensed in this State whose activities are limited exclusively to the scope of activities conveyed under that license;
(7) An individual who adjusts or settles claims in the normal course of practice or employment as an attorney at law and who does not collect charges or premiums in connection with life insurance coverage or accident and health or sickness insurance coverage;
(8) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;
(9) A trust established in conformity with title 29 United States Code section 186 and trustees, agents, and employees acting under that trust;
(10) A trust exempt from taxation under title 26 United States Code section 501(a) and trustees and employees acting under that trust, or a custodian and the custodian's agents and employees acting under a custodian account that meets the requirements of title 26 United States Code section 401(f);
(11) A financial institution subject to supervision or examination by federal or state banking authorities, or a mortgage lender that collects and remits premiums to licensed producers or authorized insurers in connection with loan payments;
(12) A credit card issuing company advancing for and collecting premiums or charges from its credit card holders who have authorized collection; provided that the company does not adjust or settle claims; and
(13) A person who acts solely as an administrator of one or more employee benefit plans established by an employer or an employee organization.
"Insurance producer" or "producer" has the same meaning as in section 431:9A-102.
"Insurer" has the same meaning as in section 431:1-202.
"Person" has the same meaning as in section 431:1-212.
"Stop-loss insurance" means an insurance protecting an employer or other person responsible for an otherwise self-insured health or life benefit plan against obligations under the plan, but does not include reinsurance written for an insurance company. [L 2019, c 72, pt of §1]