Legislative Update
January 22, 2004
The New Hampshire Legislature is back in session. We’ll see fewer bills in this second year of the biennium with a number of health bills covering such issues as community benefits, medical malpractice, and immunization reporting.
Malpractice Reform
NHHA’s primary focus this session will be on tort reform legislation that is expected to reduce the cost of malpractice insurance premiums for physicians and hospitals.
HB 1413, mandating pre-trial screening panels, is the result of the recent findings of the legislative Medical Malpractice Study Commission. It is modeled after Maine's successful pre-trial screening law, where malpractice premium rates are significantly lower than in New Hampshire. NHHA supports HB 1413, relative to the creation of mandatory screening panels for medical injury claims. The hearing on this bill is scheduled for February 17th.
NHHA also supports SB 452, relative to qualifications of expert witnesses in medical injury actions, which would adopt standards regarding expert opinions and expert reports, thereby lowering discovery costs. The hearing on this bill will be held February 3rd.
Community Benefits Requirements
The legislative study committee on property taxes, community benefits and not-for-profit hospitals completed its two-year study and concluded that the timeframe for healthcare charitable trusts to update their community needs assessments should be expanded from three to five years. In addition, healthcare providers subject to the community benefits statute will be required to submit their audited financial statement to the Attorney General’s Office. NHHA supports HB 1408, relative to reporting requirements for certain nonprofit organizations, including health care charitable trusts. The hearing on this bill will be held February 4th.
Repeal of Optional Mental Health Services
The Department of Health & Human Services proposes to discontinue payment for mental health services for people who are not “severely mentally disabled.” This means that community mental health centers currently providing prevention, emergency, information and referral services to many of their clients in need of such services would no longer receive reimbursement from the state. This also means that when the mental health centers are no longer able to provide these services, patients whose mental conditions worsen will seek care at their local hospital’s emergency department. NHHA is opposed to SB 473, relative to services provided by community mental health centers.
The hearing on this bill was held January 20th.
Certificate of Need – Repeal of Rehab Bed Moratorium
The state’s moratorium on the addition of inpatient rehabilitation beds is proposed to be removed under SB 405, relative to standards for comprehensive physical rehabilitation service areas. This would allow the Health Services Planning & Review Board to consider CON applications for new rehab beds, in regions of the state where such a need is demonstrated. The hearing on this bill is scheduled for February 10th.
Mandatory Reporting of Immunizations
NHHA testified last week in opposition to SB 438, relative to immunization practices for hospitals, nursing homes, adult day care facilities, home health providers and assisted living facilities. SB 438, promoted by Merck Pharmaceuticals, would require hospitals to do what they are already doing – that is, offering flu and pneumonia vaccines to patients and employees. In this regard, the bill is not needed, as hospitals are clearly in favor of immunizing consenting patients and employees. The problems with this bill are the burdensome reporting requirements to the state. NHHA testified that the bill’s sponsors should find out what data the state’s Immunization Program is already collecting, and not duplicate such reporting at an added expense to the health care system. Click here to view NHHA’s testimony.
Nurse Practice Act
A bill that updates the state’s Nurse Practice Act ran into trouble this summer in the House. SB 199, revising the nurse practice act, as amended by the House, would remove the Board’s rulemaking authority concerning Scope of Practice for ARNP, RN, LPN and LNAs. In addition, it extends the “duty to warn” and “duty to report sexual relations” requirements from ARNPs to all licensees. NHHA is opposed to SB 199 as amended by the House. We’re working with the nursing community to ensure that these provisions are removed from the final version of the bill. Click here for more details as to the problems created by these changes.
To view any of these bills, go to http://www.nhha.org/state_law/bills/bills.php.
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