INSURANCE

SB 78 The Senate passed this bill which strengthens the insurance statute requiring timely payments to healthcare providers. SB 78 also requires automatic interest to be paid to providers when payments are delayed. Under the current law, though health insurers are required to pay providers within a specific timeframe, many claims are not paid in a timely manner.
Status: Senate passed
NHHA Position: Support

SB 125 Sponsor (Sen. Gatsas) amended to eliminate the medical underwriting and geographic rating factors for small employer groups. The bill creates a reinsurance pool for employees with medical problems costing insurers 2 cents per day per person. Insurance companies would then be allowed to shift high-risk employees into the pool after premiums are set, thereby removing the possibility of discrimination against less healthy employees. Endorsed by Governor and 13 senators.
Status: in committee
NHHA Position: Support

SB 6 Establishes the small group reinsurance association and a reinsurance mechanism for small group insurance carriers who may reinsure eligible employees for cost sharing purposes; changes the definition of small employer to 2-50 employees; and deletes geographic location as a rating factor for premium rates.
Status: in committee
NHHA Position: following

HB 611 Similar to SB 125, but includes most favored nation requirement, which NHHA opposes.
Status: in committee
NHHA Position: Oppose

MEDICAL LIABILITY

HB 514 Creates the New Hampshire Health Care Quality Assurance Commission responsible for the collection, analysis and dissemination of quality assurance information on a statewide basis. This is an important step in reducing medical errors and improving the quality of healthcare by allowing medical practitioners to share data among hospitals statewide. Every acute care hospital and ambulatory surgical center will be represented on this new Commission. The Commission may delegate the functions of data collection and analysis to the Foundation for Healthy Communities - a nonprofit organization whose purpose is to improve health and health care, and includes New Hampshire hospitals, health plans, clinicians, home care providers and public policy leaders.
Status: House passed
NHHA Position: Support

SB 214 This bill is identical to last year’s Senate version of the pretrial screening panel that NHHA, NH Medical Society and insurers support. It requires the parties in a medical malpractice case to participate in a process that encourages early resolution of the claim. Medical malpractice cases would go before a three-person panel to evaluate the merits of the claim. If the parties cannot settle their claims after the panel hearing and decision, they will proceed to trial. This legislation is modeled after Maine's pre-trial screening law.
Status: Hearing – March 29
NHHA Position: Support

HB 473; HB 702 are Massachusetts-style pretrial screening bills supported by plaintiff’s attorneys. These panels would not decide fault or whether or not there is enough evidence to file a suit. If a panel decides that there is insufficient evidence for a case and the plaintiff chooses to go forward, the plaintiff is required to post a bond ($6,000 or $10,000). Status: in committee
NHHA Position: Oppose

HB 463 would make certain statements made by providers to patients and their relatives inadmissible as evidence in medical injury actions. Such statements include expressions of apology, fault, sympathy, condolence, or compassion that relate to the discomfort, pain, suffering, injury or death as the result of an unanticipated outcome. Plaintiff’s attorneys argued against the bill because a statement of fault would be inadmissible. Reaction of the Judiciary Committee was not favorable. Status: in committee
NHHA Position: Support

SB 47 would change the law regarding joint injury-causers as set forth in a 2003 NH Supreme Court decision, Nilsson v. Bierman. In most (but not all) situations in which there are multiple people responsible for an injury, current law apportions liability for payment according to each person’s fault. SB 47 would undo what the Legislature adopted previously in terms of ascribing to defendants only their fair share of the jury award. Current law does not need to be changed. Status: in committee
NHHA Position: oppose

SB 139 would make admissible medical records and reports that currently must be brought in through a witness or by agreement. Parties work out these issues regarding what records and reports will be admitted. This practice should not be changed. This bill would make everything admissible, thereby making it easier for plaintiffs in some situations, but may be subject to abuse and create problems with statements in records that should not be available to juries.
Status: in committee
NHHA Position: Oppose

HB 496 limits damages for non-economic damages to $250,000 in medical injury actions.
Status: Hearing held March 15. House Judiciary Committee not receptive.
NHHA Position: no position

HB 648 requires plaintiff’s attorney to investigate and certify that there are good faith grounds for the action; and requires mediation in medical injury actions.
Status: Hearing held March 15.
NHHA Position: Oppose


MEDICAID

HB 1 Budget bill currently in the House Finance Committee. Committee has requested DHHS provide budget projections at 90% of the Governor’s budget. Hospital items targeted are:
· elimination of indirect medical education payments
· elimination of catastrophic claims payments
· reduction in outpatient hospital payments from 91.27% to 80% of cost
· elimination of funding for Elliot Hospital DRF
Status: in subcommittee
NHHA Position: unknown until details of budget are completed


HB 691 is intended to implement GraniteCare long term care reductions. Medicaid-covered nursing home admissions will be reduced by 30% by using stricter admission standards. HB 691 would extend the look-back period to five years that permits the state to claim assets than a senior transferred to relatives; and ten years for transfers of assets to a trust. Hospitals are at risk of unpaid extended lengths of stay while patients await placement in a community-based program.
Status: in committee
NHHA Position: following

HB 690 implements GraniteCare’s Health Services Accounts to replace the Healthy Kids Gold and Silver Program.
Status: in committee
NHHA Position: Oppose


REPORTING

HB 574 NHHA and the Medical Society worked out a compromise with the Fire Marshal's Office and the Fire Chiefs Association limiting reporting of burns that require investigation. The original bill required reporting of all burns.
Status: House passed.
NHHA Position: Support

SB 224 The House defeated the bill that would have required reporting of hospital-acquired infections.
Status: House killed.
NHHA Position: Oppose


END-OF-LIFE CARE

HB 656 This bill would update the current laws related to a Living Will, Durable Power of Attorney for Healthcare (last amended over a decade ago), and add a component to guide health providers in honoring the preferences of seriously ill people who do not want resuscitation attempted. This bill would also create a Do Not Resuscitate (DNR) statute. The first hearing was held on March 14th. It has been assigned to a subcommittee.
Status: in committee
NHHA Position: Support

 

Go to http://www.nhha.org/nhha/state_law/bills.php to view the list of bills NHHA will be tracking in 2005.  Additional bills will be added as we become aware of them.

Click Here for the NH House and Senate Web Site