NHHA LEGISLATIVE UPDATE
February 5, 2008
One bill receiving a great deal of attention in the health
care arena is HB 1587, relative to patient health care
information. The bill seeks to expand the scope of federal
laws regulating health information and to bring enforcement
of health privacy laws within state jurisdiction. Though the
intent is to give patients more control over information in
their medical records, in practice, the provisions in this
legislation could interfere with the efficient delivery of
care, create confusion among medical office workers and
patients, and diminish the quality of patient care provided
to New Hampshire citizens.
Patients are entitled to privacy, particularly with respect
to their health information. An appropriate balance must be
achieved between the protection of privacy and factors such
as coordination of care among providers, potential impact on
the use of electronic medical records, and inconvenience for
consumers and their families.
HB 1587 is currently under review in a subcommittee of the
House HHS Committee. It’s a very complicated bill that
deserves a great deal of study. NHHA has shared hospitals’
concerns with the HHS Committee and is working with the
bill’s sponsor, other healthcare providers and the
subcommittee to improve the bill.
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 on
HB 1503, making an appropriation to fund the reporting of
hospital infections, before the House Finance Committee
stating 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. In addition, the New
Hampshire Healthcare Quality Commission, formed by the
Legislature several years ago, has focused most of its work
on infection reporting. The House Finance Committee is
slated to vote on HB 1503 shortly. Division III has
recommended ITL, in light of the state’s budget deficit.
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.
HB 1195, relative to health care provider
reimbursement for services provided to uninsured patients.
Requires providers to accept from uninsured patients as
payment in full an amount equivalent to, or less than, the
average insurance payment. The hearing on this bill is set
for February 5th.
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.
Community Benefits
SB 426, establishing a committee to study
the term “community benefit” applicable to nonprofit health
care providers. Senate Commerce Committee
recommended “ought to pass.”
A complete list of bills NHHA is following is available at
www.nhha.org/nhha/state_law/bills.php.
Go to
http://www.nhha.org/nhha/state_law/bills.php to view the
list of bills NHHA is tracking.
