Securities bureau looks to force pooled risk program to comply with city's request

CONCORD - The New Hampshire Bureau of Securities, under the leadership of Secretary of State David M. Scanlan, has filed a petition with the Merrimack Superior Court to enforce a subpoena served on HealthTrust, a pooled risk management program that provides medical, dental, and prescription drug plans for political subdivisions' public employees, their dependents, and retired public employees.

The Bureau, which is responsible for regulating pooled risk management programs under RSA 5-B, filed the Subpoena on February 7, 2025, after receiving a complaint from the City of Rochester, a member of the HealthTrust risk pool. In the complaint, Rochester noted it had requested its own de-identified diagnosis information for individual claims over $75,000 from HealthTrust on four separate occasions.

De-identified means that personal identifiers have been removed or obscured from data so that it can no longer identify an individual. This process is used to protect privacy and support the secondary use of data.
In subsequent communications with HealthTrust, the Bureau emphasized that Rochester is entitled to its own data communications and requested a meeting with HealthTrust to discuss the issue further. After HealthTrust informed the Bureau that it was not prepared to provide Rochester the requested documents, the Bureau issued a Subpoena.

To date, HealthTrust has failed to produce the requested documents, interfering with Rochester's ability to evaluate the cost-effectiveness of its employee healthcare program prior to the deadline for renewal of its membership in HealthTrust.

The Bureau notes that HealthTrust "as a pool organized under RSA 5-B, purportedly formed for the benefit of its political subdivision members, was acting contrary to its very purpose by withholding pertinent information from its own member, and prohibiting that member from fairly evaluating all its options for health coverage to the detriment of that member and all of its employees, their dependents, and retired employees."

Eric Forcier, the Bureau of Securities deputy secretary, said filing a petition to force the subpoena was within its purview.

"The Bureau of Securities Regulation has the authority to ensure that pooled risk management programs comply with RSA 5-B. "These pooled risk management programs belong to the political subdivisions like Rochester, and every member has the right to their own data."