Prosthetic Device Interpretation

The State of New Hampshire

Insurance Department

56 Old Suncook Road

Concord NH 03301-7317

(603) 271-2261 Fax (603)271-0248

TDD Access: Relay NH 1-800-735-2964

Roger Sevigny

Commissioner

Alex Feldvebel

Deputy Commissioner

BULLETIN

Docket No.: INS NO. 04-004-AB

DATE:

February 6, 2004

TO:

All Companies licensed for selling health insurance

FROM:

Roger Sevigny, Commissioner

RE:

RSA 415:18-n and RSA 415:6-j applicability to certain prosthetic devices

This Bulletin addresses whether prosthetic fingers are a “prosthetic device” as defined in RSA

415:18-n for group and blanket accident and health insurance, and RSA 415:6-j for individual

accident and health insurance. These laws, which became effective January 1, 2004, define

“prosthetic device” as an “artificial device to replace, in whole or part, an arm or leg.”

The legislative history is not dispositive on this issue, nor does it offer an interpretation that

implies more than the plain meaning of the statutes’ language. The Department notes the

legislature’s decision specifically to include the phrase “in …part”, and finds that it would not

have included this phrase unless it intended that fingers be considered part of the arm. Therefore

an artificial device replacing fingers is included in the definition of ”prosthetic device” in these

statutes.

Questions regarding this Bulletin should be addressed to the Compliance Manager, Maureen

Hartsmith, at 603.271.2261