New Hampshire § 281-A-59 - Section 281-A:59 Administration Fund.

§ 281-A-59. Section 281-A:59 Administration Fund.

I. An administration fund is hereby established in the state treasury for the sole purpose of paying all costs of administering this chapter. The commissioner shall administer the fund. The state treasurer shall be the custodian of the fund, and all moneys and securities in the fund shall be held in trust by the state treasurer and shall not constitute money or property of the state. II. The state treasurer is authorized to disburse moneys from the fund upon written order of both the commissioner and the director, division of accounting services, department of administrative services, in accordance with a budget approved by the general court. The state treasurer shall give bond in an amount to be fixed and with securities approved by the commissioner conditioned upon the faithful performance of the treasurer's duty as custodian of the fund. III. Each insurance carrier and self-insurer, including the state, shall make payments to the fund of its pro rata share of one fiscal year's costs to be appropriated out of the fund. The governor is authorized to draw a warrant for any sum payable by the state under this paragraph out of any money in the treasury not otherwise appropriated. The pro rata share shall be computed on the basis which the total workers' compensation benefits, including medical benefits, paid by each insurance carrier and self-insurer bore to the total workers' compensation benefits, including medical benefits, paid by all insurance carriers and self-insurers in the preceding calendar year; provided, however, that no insurance carrier or self-insurer shall pay an assessment of less than $100. The commissioner shall assess each insurance carrier and self-insurer as soon as possible after July 1 of each year. Total assessments shall not exceed the amount appropriated for the fund, which shall include the budget of the workers' compensation division of the department of labor for the fiscal year in which the assessment is made and all other costs of administering this chapter. The balance in the fund at the beginning of the new fiscal year shall proportionately reduce the assessments under this section. The commissioner shall have the authority to adopt rules, pursuant to RSA 541-A, relative to the manner in which such payments are to be made. IV. The civil penalties collected under RSA 281-A:7, I(b), 23, 24, 42, 43, and 53 shall be forwarded to the state treasurer and deposited in the department of labor restricted fund established in RSA 273:1-b. V. The commissioner shall conserve the assets of the fund. In furtherance of this purpose, the attorney general shall appoint an employee of the department of justice to represent the fund in all proceedings brought to enforce payment of assessments as provided in paragraph III. VI. [Repealed.] VII. An insurance carrier or self-insurer failing without sufficient cause to make payments under this section within the period specified by the commissioner shall be assessed a civil penalty of $100 for each day that the payment is overdue.