NHHA LEGISLATIVE UPDATE
January 17, 2008
One bill receiving a great deal of attention in New
Hampshire, New England and among health information experts
nationally is HB 1587, relative to patient health care
information. Sponsored by House HHS Committee Chair,
Representative Cindy Rosenwald (D, Nashua), with help from
the Citizens Health Initiative and Franklin Pierce Law
Center, Rep. Rosenwald has crafted a bill requiring
healthcare providers to adhere to a far more restrictive set
of privacy standards than currently applied under HIPAA.
After consulting with hospital privacy officers, CIOs and
health information management directors, NHHA shared our
numerous concerns with the bill’s sponsors including the
confusion that will result if the bill is passed, as well as
the potential for compromising quality care due to the
unavailability of necessary clinical information. The
hearing on HB 1587 was held January 17th before the House
Health & Human Services Committee.
Infection Reporting
The hospital infection reporting debate has been opened for
the third time in as many years. The Legislature has twice
refused to fund the 2006 law requiring hospitals to report
hospital acquired infections to the Department of Health &
Human Services. Dr. Jose Montero testified before the House
Finance Committee that, despite the lack of funding, DHHS
has already begun to carry out the law by implementing a
pilot project in collaboration with the Foundation for
Healthy Communities. The bill’s sponsors were surprised to
learn about the work currently under way. Action on the bill
is not expected until further information is provided to the
Committee.
Uninsured
Senator Maggie Hassen (D, Exeter) is following up on the
work of the study committees in which she participated this
past year by introducing several bills to address hospital
charity care and community benefits. SB 425 proposes that
the UHDDS be expanded to include charity care. However, it
was revealed at the hearing that HB 425 was improperly
drafted. Rather, this bill was intended to fulfill the
Insurance Department’s desire to obtain claims-type data on
the amount and type of care provided to uninsured patients.
In light of ongoing discussions between hospitals and the
Insurance Department regarding voluntary submission of dummy
claims on the uninsured, we see no need for this
legislation.
Senator Hassen’s second bill on the uninsured, HB 426,
proposes to create a committee to study the definition of
“community benefit.” Armed with an inventory on charity care
under SB 425, and a better understanding of what qualifies
as community benefits, the Senator may be looking for ways
to offer affordable insurance to the uninsured.
Organ Transplants
At least three bills (same sponsors) either require
hospitals to report their criteria for organ transplant
waiting lists, or prohibit hospitals from requiring
insurance coverage for organ donations and transplants. As
the only hospital in New Hampshire performing transplants,
DHMC’s Gina Balkus explained to the Senate HHS Committee
that this is not the case in New Hampshire as DHMC offers
discounts or financial assistance to uninsured patients. The
New England Organ Bank provided testimony explaining that
the NEOB bears all costs associated with organ donation.
Certificate of Need
Senator Betsi DeVries (D, Manchester) will be introducing a
"CON Expedited Review Process" bill. She would like to
exempt urgent care centers from CON review and create an
expedited review process for renovations, repairs and
replacement. Senator DeVries is working with Senator Kathy
Sgambati (D, Tilton) who believes that only those urgent
care centers under the applicable threshold should be exempt
from review. Hospital and ASC representatives are meeting
with the Senators to help develop the bill. An expedited
review process would allow smaller projects for renovation,
repairs and replacement to qualify for a faster track review
by the CON Board.
Go to http://www.nhha.org/nhha/state_law/bills.php to view the list of bills NHHA is tracking.
