Legislative Update
February 9, 2004
Malpractice Reform
The Senator Judiciary Committee heard testimony on four malpractice reform bills last week that would cap non-economic damages in medical malpractice cases; limit attorneys’ fees; reduce the statute of limitations; and allow periodic payments of jury awards. After nearly 5 hours of testimony, the committee still hadn’t completed the hearing on SB 452, which would establish standards for expert opinions and expert records. The hearing will be continued on Monday, February 9th.
Bill Schuler, CEO and President of Portsmouth Regional Hospital, testified on behalf of the New Hampshire Hospital Association stating that unless the cost of malpractice insurance premiums is reined in, New Hampshire risks losing many physicians, particularly specialists, who are no longer willing to pay premiums that have been increasing exponentially over the past few years. Several physicians testified that they are no longer performing certain procedures in order to keep their costs down, and others stated they would be unable to tolerate any further hikes in their malpractice premiums. Click here to view Bill Schuler’s testimony.
Another tort reform bill, HB 1413, will be heard on February 17th in the House Judiciary Committee. HB 1413, resulting from the findings of the legislative Medical Malpractice Study Commission, would require medical malpractice cases to go before a 3-person panel. Unanimous decisions of the panel would be admissible in court. Maine’s pretrial screening panel law has resulted in quicker settlements, and significantly lower premiums for physicians and hospitals. NHHA supports HB 1413. The hearing will be held on Tuesday, Feb 17th at 10:00 am.
Community Benefits
The House Commerce Committee heard testimony on HB 1408 that would expand the timeframe from 3 to 5 years for health care charitable trusts to update their community needs assessments; and require such trusts to submit their audited financial statements annually to the Attorney General’s Office. These changes were recommended by the 2-year legislative study committee on not-for-profit hospitals, property taxes and charitable trusts. NHHA testified in support of HB 1408.
Ownership in Physician Hospital Organizations
A hearing was held January 28 on HB 1319, which would limit the percentage ownership a physician can have in a PHO. However, the sponsor of the bill expressed his concern more about physician referral practices rather than PHO ownership. services. Currently, referrals by physicians to practices in which they have an ownership interest must be reported to the Department of HHS (RSA 125:25-c). A subcommittee work session on this bill is scheduled for February 17th, 1:00 pm.
UPCOMING HEARINGS:
Payment for State Prisoners’ Health Care. SB 382 limits the amount a hospital can charge the state for medical care provided to state prisons. Hearing: Feb 10th, 3:00 pm, Senate Health & Human Services Committee
CON Standards for Rehabilitation Services. SB 405 removes the state’s moratorium on the addition of inpatient rehabilitation beds thus allowing 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. Hearing: Feb 10th, 3:50 pm, Senate HHS Committee.
Provider/Health Plan Contract Disputes. SB 389 declares that patients will have continued access to their physicians, regardless of a dispute in the negotiation of a contract between a hospital and a health plan. Hearing: Feb. 17th, 9:15 am, Senate Insurance Committee.
To view any of these bills, go to http://www.nhha.org/state_law/bills/bills.php.
