NHHA LEGISLATIVE UPDATE
February 19, 2004
MALPRACTICE REFORM
HB 1413, relative to the creation of mandatory screening
panels for medical injury cases:
Hospitals support HB 1413, resulting from the recent findings
of the legislative Medical Malpractice Study Commission. HB
1413 is modeled after Maine's successful pre-trial screening
panel law which encourages quicker settlements thus lowering
costs. HB 1413 would require medical malpractice cases to go
before a 3-person panel, with unanimous decisions admissible
in court. Presently, New Hampshire hospitals' malpractice
premiums are 40% higher than Maine's. New Hampshire
physicians' premiums are double.
The Judiciary Committee heard testimony this week lasting the entire day. Bill Schuler of Portsmouth Regional Hospital and Beverly Robinson of St. Joseph Hospital testified on behalf of NHHA and its member hospitals. (To view testimony by Bill Schuler, Portsmouth Regional Hospital, click here, to view testimony by Beverly Robinson, St. Joseph Hospital, click here.) A subcommittee will make its recommendations to the full committee for a vote on March 10. It will be a very tough fight to get a favorable vote from the Judiciary Committee, followed by a floor fight when the bill goes to the full House for a vote March 17 or 18. We urge you to contact members of the Judiciary Committee (click here for the committee list) followed up by contacts to all legislators in your hospital service area (http://www.nhha.org/nhha/state_law/nhlegislators.php)
Senate Tort Bills
The Senate Judiciary Committee will vote on 5 tort bills on
March 2nd. These bills include proposals to:
· establish standards regarding expert opinions and expert
records
· limit non-economic damages to $250,000
· limit attorney contingency fees in civil actions here
· permit periodic payments of damage awards
· accelerate the time period for which claims for injured
children are brought.
COMMUNITY BENEFIT
HB 1408, relative to reporting requirements for certain
nonprofit organizations, including health care charitable
trusts:
The legislative study committee on not-for-profit hospitals,
property taxes, and community benefits recommended legislation
that would expand the timeframe from 3 to 5 years for
healthcare charitable trusts to update their community needs
assessments. HB 1408 also requires hospitals and other
charitable trusts to submit their audited financial statements
to the Attorney General's Office. Hospitals support HB 1408.
The hearing was held February 4th. A subcommittee is working
on revisions to ease the burden on smaller charitable trusts
regarding audited financial statements.
PROVIDER/HEALTH INSURER
CONTRACTING
SB 389, relative to health carrier and provider contract
disputes:
Hospitals support SB 389, which declares that patients will
have continued access to their physicians in the event of a
dispute concerning the negotiation of a contract between a
hospital and a health plan. Hearing was held February 17th.
The Insurance Department suggested changes to be more
consistent with current law. A subcommittee will make
recommendations to amend the bill.
PAYMENT FOR PRISONERS'
HEALTH CARE
SB 382, relative to medical service rates for state prisoners:
The Senate HHS Committee voted to pass SB 382, which brings
state prison payments in line with county prison payments,
i.e. limiting hospitals to billing at 110% of Medicare or 125%
if the hospital had a negative operating margin in the
previous year. The Corrections Commissioner may waive the
limitation if necessary. The Senate votes on this bill on
Feb. 19.
REPEAL OF REHABILITATION
BED MORATORIUM
SB 405, relative to standards for comprehensive physical
rehabilitation services:
The state's moratorium on the addition of inpatient rehab beds
would be removed under SB 405, thereby allowing for new rehab
beds in regions of the state where such a need is
demonstrated. Opponents argued that without a "regional"
service area approach, the state will be overbedded. The new
regional approach indicates a need for 32 rehab beds on the
Seacoast and 9 rehab beds in the North Country. Nursing homes
providing rehab care weighed in against the bill as well.
Proponents testified that unless the moratorium is lifted,
patients in some regions of the state have further distances
to travel to access inpatient rehabilitation services.
OPERATION OF DENTAL CLINICS
BY HEALTH CARE CHARITABLE TRUSTS
SB 441, relative to the operation of dental clinics by health
care charitable trusts:
NHHA opposes SB 441, which would require not-for profit
hospitals to apply to the Board of Dental Examiners to own,
lease, maintain, or operate a dental clinic. There is no
similar requirement anywhere in New Hampshire law that clinics
apply to a professional board of examiners in order to
operate. Any existing clinic would not be required to apply
to the dental board. A hearing will be held March 2nd.
REPEAL OF COMMUNITY MENTAL
HEALTH SERVICES
SB 473, relative to services provided by community mental
health services:
The Senate killed SB 473, which would have repealed state law
permitting the Department of Health & Human Services to pay
for mental health services for clients of community mental
health centers (CMHCs) in need of mental health treatment, but
who are not severely mentally disabled. NHHA opposed SB 473,
which if passed would put CMHC clients at risk who would turn
to hospitals and county jails not equipped to provide mental
health services.
NURSE PRACTICE ACT
SB 199, revising the nurse practice act:
This bill, as amended by the House, removes the Board of
Nursing's rulemaking authority concerning "Scope of Practice"
for nurses. It extends certain reporting requirements to all
levels of nurses, which unnecessarily complicates current law
presently limited to advanced registered nurse
practitioners. The Senate will non-concur and ask for a
Committee of Conference.
MANDATORY IMMUNIZATION
REPORTING
SB 438, relative to immunization practices for hospitals,
residential care facilities, adult day care facilities, and
assisted living facilities:
SB 438 would require hospitals and other health care
facilities to offer flu and pneumonia vaccines to patients and
employees. Hospitals already immunize all consenting patients
and employees because reducing vaccine preventable disease is
one of the most effective means to improve health. The bill
contains several burdensome documentation and reporting
requirements, which must be removed. Hospitals oppose any
requirements that mandate additional staff time and costs with
no demonstrated advantages. SB 438 will be heard next in the
Senate Finance Committee.
PERCENTAGE OWNERSHIP IN
PHOs
HB 1319, relative to the percentage of ownership in physician
hospital organizations:
Although HB 1319 would limit the percentage ownership a
physician can have in a PHO, the sponsor of the bill was more
concerned about physician referral practices for physical
therapy services than PHO ownership. Currently, referrals by
physicians to practices in which they have an ownership
interest must be reported to the Department of HHS.
Subcommittee work sessions will focus on amending the bill.
ABORTION REPORTING
HB 1177, requiring DHHS to compile and maintain induced
termination of pregnancy statistics and requiring the Division
of Vital Records to maintain a certain database:
Anti-abortion activists are pushing HB 1177 to require
hospitals, clinics, physician offices, and surgicenters to
report each induced terminated pregnancy to DHHS, which in
turn would prepare an annual statistical report, including
city or county data. Furthermore, information identifying
persons and facilities would be disclosed to the Board of
Medicine for disciplinary action and may be disclosed to the
attorney general "upon a showing that a reasonable cause
exists to believe that a violation has occurred." NHHA is
working with the bill's opponents to kill this bill.
VOLUNTARY DEDUCTIONS FROM
EMPLOYEES' WAGES
SB 316, relative to the payment of salaried employees:
After several years of attempting to get the Department of
Labor to revise its regulations on payroll deductions,
employers have turned to the Legislature to amend SB 316 to
enact into law the same provision that would allow employers
to make deductions for the convenience of employees for
pharmaceutical, cafeteria, and gift shop items, as well as
parking fees and childcare fees.
To view any of these bills, go to http://www.nhha.org/state_law/bills/bills.php.
