New Hampshire § 404-C-17 - Section 404-C:17 Closure of the NHMMJUA.

§ 404-C-17. Section 404-C:17 Closure of the NHMMJUA.

[Paragraph I repealed by 2015, 263:4, II, effective as provided by 2015, 263:5.] I. Subject to the provisions of RSA 404-C:15 and RSA 404-C:16, the NHMMJUA's obligations shall be wound up through rehabilitation under RSA 402-C. [Paragraph II repealed by 2015, 263:4, II, effective as provided by 2015, 263:5.] II. The NHMMJUA shall be liquidated and the receiver discharged upon: (a) The resolution or transfer of all of the NHMMJUA's administrative, operational, and coverage-related obligations, including the NHMMJUA's tax obligations and all receivership expenses; and (b) The approval of the supervising court. [Paragraph III repealed by 2015, 263:4, III, effective as provided by 2015, 263:5.] III. Prior to the receiver's discharge in accordance with paragraph II, all assets remaining after court approval of the receiver's transfer of all of the NHMMJUA coverage-related obligations, payment of the NHMMJUA's administrative and operational expenses, transfer or resolution of tax obligations, and payment of receivership expenses, shall be interpleaded by the receiver into the Merrimack county superior court, docket no. 217-2010-CV-00414, for the purposes of adjudicating all policyholder claims in those funds. The interpleader into docket no. 217-2010-CV-00414 shall not prejudice the rights of any class of NHMMJUA policyholders with respect to those funds. If any class of NHMMJUA policyholders cannot be represented or is barred from the old action, a new interpleader action shall be commenced to allow such policyholders to assert their claims with respect to the funds. Neither the state of New Hampshire nor any agency thereof shall have any claim to these funds. [Paragraph IV(a) repealed by 2015, 263:4, III, effective as provided by 2015, 263:5.] IV. (a) The provisions of RSA 404-C:15-RSA 404-C:17 shall not alter, and shall not be construed to alter, any vested contractual rights that any class of NHMMJUA policyholders may have with respect to NHMMJUA assets. The existence and extent of any such rights shall be determined by the interpleader court after termination of the receivership proceeding. Funds that cannot be distributed to a policyholder in the interpleader proceeding referenced in this section due to the inability to locate the policyholder after reasonable efforts shall not be subject to RSA 471-C and shall be transferred to a fund within the treasury to be administered by the department of health and human services which shall utilize such undistributed funds to provide grants in aid to health care providers servicing medically underserved populations through the department's state loan repayment program. (b) There is established in the office of the state treasurer a nonlapsing fund to be known as the grants in aid to health care providers servicing medically underserved populations fund to be administered by the commissioner of the department of health and human services, which shall be kept distinct and separate from all other funds. All moneys in the fund shall be continually appropriated to the commissioner of the department of health and human services, for the purposes of providing grants in aid to health care providers servicing medically underserved populations.