For The Betterment of Public Health Since 1791
Another attempt by the NH Trial Bar to reduce fairness in tort law was stopped when Governor Lynch vetoed HB 143, which proposed to tip the balance on the apportionment of damages in multi-defendant law suits. The Medical Society had joined a 30+ member coalition of businesses, municipalities, restaurants, chambers of commerce, insurers, realtors, etc., that lobbied House and Senate members to oppose the bill. The bill passed both houses by a small margin, but coalition members and the NH Attorney General, met with the Governor and convinced him to not aallow HB 143 to become law. Under current law, defendants who are less than 50% at fault are only responsible for their degree of fault; and defendants who are more than 50% at fault can be responsible for up to 100% of damages. (That was a compromise worked out in the 1980’s.) Had HB143 become law, defendants who went to trial, could be responsible for 100% of damages, regardless of their degree of fault. Such a change would have targeted potential “deep pockets” rather than defendants who were truly to blame.
The Medical Society worked hard to get several managed care reforms enacted this year:
Rep. Martha McLeod of Littleton, sponsored HB266 and HB636 at the request of NHMS and the NH Hospital Association. The first bill establishes a statutory definition of “medical necessity,” replacing the current requirement for each health plan to have their own definition. The language mirrors the Maine definition which the major health insurers have been following for several years. HB636 deals with health plan credentialing. The bill should speed up the process and also allow physicians under going health plan credentialing to be reimbursed for providing on-call coverage for another credentialed physician. Senator David Gottesman of Nashua, sponsored successful legislation at our request, SB254, to allow physicians to have their own legal counsel present during health plan contract negotiations. (NHMS is aware of several instances when this became a problem for group practices.)
NHMS 2007 Bill Tracking 7/23
Please bookmark the Legislative website for easy access to copies & status of bills: http://www.gencourt.state.nh.us/ie/ Select “Quick Search,” enter bill # (hb1234), select “Bill text" for copy.
KEY:
BILL # |
Prime |
Title & section of Revised Statutes Annotated affected for bills enacted |
NHMS |
Status |
|---|---|---|---|---|
|
HOUSE BILLS |
||||
HB40 |
Rowe |
rel. to living wills and durable powers of atty. for health care. |
O |
H-JUD retain |
HB41 |
MacKay |
rel. to HIV education, prevention, and control. RSA 141-F |
S |
Ch. 65 |
HB43 |
C. McMahon |
rel. to the procedure for est. Medicaid reimbursement rates, est. a study Medicaid payments for hospital-based physician & outpatient services, & est. a moratorium on certain reimbursement policy changes pending the results of the study. RSA 18-b |
S |
Ch. 205 |
HB53 |
Harding |
rel. to school health personnel. RSA 200:31 |
M |
Ch. 41 |
HB57 |
N. Elliott |
rel. to advance directives for dur. pwrs of atty. and living wills. |
O |
H-JUD retain |
HB78 |
Moran |
rel. to health insurance coverage for certain unmarried children. |
S |
H – ITL |
HB88 |
Weed |
est. a committee to study single payer health care. |
S |
H – OTP |
HB134 |
Rosenwald |
rel. to electronic prescribing for prescription drugs. |
S |
Ch. 320 |
HB137 |
Pilliod |
rel. to food safety in restaurants. |
S |
H – OTPam |
HB139 |
DeJoie |
rel. to the reporting of burn injuries. |
O |
H-OTPam |
HB140 |
Pilliod |
reestablish the NH task force on deafness and hearing loss. |
S |
Ch. 294 |
HB143 |
Lasky |
rel. to apportionment of damages in civil actions. |
O |
Vetoed |
HB148 |
Rosenwald |
est. a commission to study pharmaceutical costs and the 340B Drug Pricing Program. |
S |
Ch. 245 |
HB158 |
Cali-Pitts |
req. ins. co. to allow covered persons to purchase an up-to-90-day supply of life-sustaining drugs. RSA 415-6, 420-J:7 |
S |
Ch. 73 |
HB164 |
Hutchinson |
rel. to medicating pupils to enhance learning abilities. |
M |
H- OTPam |
HB177 |
Dumaine |
incl. "unborn child" in the def. of "another" for first and second degree murder, manslaughter, and negligent homicide. |
M |
H- T |
HB184 |
Hager |
repealing the parental notification law. RSA 132:24-28 |
M |
Ch. 265 |
HB228 |
McLeod |
rel. to the definition of "medical necessity" under the managed care law. RSA 420-J:3 |
S |
Ch. 33 |
HB244 |
Elliott |
rel. to withholding or withdrawing of medically administered nutrition and hydration for developmentally disabled persons. |
O |
H – OTPam |
HB264 |
Quandt, M |
rel. to a time period for declaring a person to be cancer free. |
M |
H – ITL |
HB278 |
Parkhurst |
rel. to notification of a parent or guardian by the medical facility treating a minor injured in an accident. |
O |
H – ITL |
HB286 |
McLeod |
rel. to a Medicaid waiver for family planning services. |
|
Ch. 247 |
HB288 |
Tilton |
req. the commissioner of the DHHS to apply for public & private grant funding for drug & alcohol rehab. programs. |
S |
H-ITL |
HB298 |
Hunt |
rel. to the healthy kids corporation. RSA 126-H:2 |
S |
Ch. 167 |
HB299 |
Parkhurst |
rel. to the sale of hypodermic syringes. |
O |
H - ITL |
HB305 |
McLeod |
est. a task force to develop legislation for expanding access to affordable health insurance for the 2008 legislative session. |
|
Ch. 248 |
HB312 |
Rosenwald |
rel. to alternative providers for certain health services. |
S |
Ch. 83 |
HB324 |
McEachern |
rel. to the use of artificial trans fats and saturated fats in food prepared and served in public schools. |
S |
H – OTPam |
HB326 |
Pantelakos |
rel. to disclosure of the basis for disciplinary proceedings among members of the board of medicine. |
S |
H –ITL |
HB327 |
Wendelboe |
allowing collaborative pharmacy practice agreements to include pharmacy locations during declared emergencies. |
O/S |
H-OTPam |
HB345 |
Rochette |
rel. to certification of death certificates. RSA 5-C:1, :62, :74 |
M |
Ch. 215 |
HB363 |
Dumaine |
rel. to certain notification for emergency contraception. |
|
H – ITL |
HB386 |
DeJoie |
rel. to advertisement of prescription drugs. |
M |
H - ITL |
HB396 |
Butcher |
est. a commission to study autism spectrum disorders in NH. |
S |
Ch. 171 |
HB416 |
Phinizy |
rel. to mercury reduction. RSA 149-M:58 |
S |
Ch. 279 |
HB427 |
Hamm |
def. construction & demolition debris & certified waste-derived product, and rel. to the dept. of environ. serv. certifying waste-derived products of the wood component of construction and demolition debris. RSA 149-M:4 |
S |
Ch. 127 |
HB428 |
Hamm |
prohibiting the combustion of the wood component of construction & demolition debris and defining construction and demolition debris. RSA 123-C, 149-M:4 |
S |
Ch. 128 |
HB455 |
Rowe |
repealing the relative to screening panels for medical injury. |
O |
H-JUD retain |
HB490 |
Hall |
req. hospitals to make the price of certain common procedures available to the public. |
M |
H - ITL |
HB491 |
Pilliod |
est. the public health improvement services council. |
|
Ch. 250 |
HB517 |
MacKay |
est. a commission to investigate cost drivers in providing health care. |
S |
Ch. 297 |
HB519 |
Campbell |
req. children 12 years of age or under to wear personal flotation devices. RSA 270-30-a |
|
Ch. 176 |
HB559 |
Emerson |
rel. to seat belts on school buses. |
M |
H – ITL |
HB560 |
Drisko |
rel. to insurance coverage for prostate cancer testing. |
M |
H-COM retain |
HB561 |
Nowe |
rel. to pharmacy benefit managers. |
M |
H-ED&A retain |
HB563 |
Infantine |
rel. to obtaining birth certificates for stillborn children. |
|
H-HHS retain |
HB583 |
Schulze |
rel. to funding for HIV/AIDS services. RSA 126-A:4 |
S |
Ch. 282 |
HB597 |
MacKay |
rel. to expenditure caps for institutional health facilities under the certificate of need law. |
M |
H – nonconcur |
HB603 |
Wendelboe |
est. a task force on mental health costs & req. the comm. of the dept. of corrections to enroll any person being released from a correctional facility in any available free or reduced cost Rx prg. |
M |
H-HHS retain |
HB607 |
Splaine |
rel. to the death penalty. |
M |
H – ITL |
HB628 |
DeJoie |
est. the NH Rx advantage prg. & continually approp. a special fund. |
M |
H-FIN retain |
HB630 |
MacKay |
rel. to an electronic controlled Rx monitoring program. |
S |
H-HHS retain |
HB632 |
Knowles |
rel. to the penalty for death resulting from the trafficking of controlled drugs. |
M |
H-CRIM retain |
HB636 |
McLeod |
rel. to physician credentialing under the managed care law. |
S |
Ch. 98 |
HB641 |
Splaine |
rel. to automatic credentialing for health care providers. |
M |
H – ITL |
HB643 |
Grassie |
relative to the distribution of tobacco settlement funds. |
S |
H-FIN retain |
HB673 |
Harding |
allowing ARNPs to certify walking disabilities. RSA 261:88 |
M |
Ch. 180 |
HB688 |
French |
est. the council on the relationship between public health and the environment. RSA 125-P |
S |
Ch. 181 |
HB697 |
DeJoie |
relative to responsible drug advertising. |
M |
H – ITL |
HB711 |
Ginsberg |
req. ins. coverage for hormone treatment drugs for transsexuals. |
M |
H-COM retain |
HB738 |
Crane |
req. insurance coverage for infertility treatments. |
M |
H – ITL |
HB740 |
MacKay |
rel. to mental health services. |
M |
H- HHS retain |
HB744 |
Dumaine |
relative to informed consent before abortion. |
M |
H – ITL |
HB774 |
Robertson, T |
rel. to the use of marijuana for medicinal purposes. |
M |
H – ITL |
HB790 |
McLeod |
rel. to dependent coverage under the healthy kids program & est. the joint legislative oversight comm. on ins. expansion initiatives. |
M |
Ch. 352 |
HB797 |
Holden |
regulating mandatory overtime for nurses and assistants. |
M |
Ch. 353 |
HB802 |
Brown, J |
relative to passenger restraints. |
S |
H- OTP |
HB820 |
Mulholland |
establishing tax on candy. |
M |
H – ITL |
HB826 |
Donovan |
rel. to coverage of medically necessary services and items under the medical assistance program. RSA 167:3-h |
S |
Ch. 288 |
HB831 |
Wells |
rel. to notification by pharmacies to consumers when prescriptions need to be renewed. |
M |
H – ITL |
HB858 |
McLeod |
rel. to a discount medical plan organization. |
M |
H-COM retain |
HB862 |
Schulze |
est. an incapacitated adult fatality review committee. |
S |
Ch. 256 |
HB864 |
Elliott, N |
req. licensing of outpatient abortion facilities. |
O |
H – ITL |
HB878 |
Morrison |
rel. to drivers' licenses issued to persons 70 years of age and older and relative to the medical/vision advisory board. |
M |
H-TRANS retain |
HB884 |
Almy |
increasing the rate of the tobacco tax. |
S |
H-W&M retain |
HB894 |
Quandt |
req. insurance coverage for bariatric surgery for diabetics. |
M |
H- retain |
HB907 |
Phinizy |
rel. to the sale and distribution of certain mercury-added products. |
S |
Ch. 105 |
HB908 |
Baroody |
rel. to the licensure and regulation of massage therapists and registration of somatic and bodywork practitioners. |
M |
H-ED&A retain |
HB911 |
Hamm |
est. an automated external defibrillator trust fund and making an appropriation therefore. RSA 195-I |
S |
Ch. 62 |
HB921 |
McLeod |
making technical changes in the ins. laws. RSA 415:6, :18, 415-A, |
M |
Ch. 289 |
HB926 |
Wendelboe |
rel.to the regulation of pharmacies and pharmacists. RSA318 |
M |
Ch. 202 |
HCR3 |
French |
urging that NH members and veterans of the armed forces and national guard and their dependents receive health screening for depleted uranium exposure. |
S |
H – OPTam |
HCR5 |
MacEachren |
endorsing the National Health Insurance Act. |
S |
H-OTP |
|
SENATE BILLS |
||||
SB42 |
Gottesman |
prohibiting smoking in restaurants, cocktail lounges, and certain enclosed public places. RSA 155:65, :66, :67 |
S |
Ch. 203 |
SB46 |
Burling |
req. criminal conviction record checks of all applicants to practice medicine in New Hampshire. RSA 329:11, 328-D, 326-B |
S |
Ch. 303 |
SB55 |
Gallus |
est a comm. to study efficacy of Master Settlement Agreement & strategies for addressing financial burden imposed on the state by cigarette smoking tobacco use. |
S |
Ch. 304 |
SB77 |
Barnes |
prohibiting DHHS from entering into a contract with Planned Parenthood FA, Inc., or any org. that provides abortion services. |
M |
S-ITL |
SB93 |
Hassan |
relative to insurance coverage for children’s early intervention therapy services. RSA 415, 420-A, 420-B |
M |
Ch. 338 |
SB102 |
Clegg |
rel. to the powers of state government in the event of an incident or outbreak of communicable disease. |
M |
S – OTPam |
SB114 |
DeVries |
rel. to licensed acute care hospitals. |
M |
S-COM rerefer |
SB120 |
Kenney |
est. a study the removal of thimerosal from vaccines. |
S |
S - T |
SB129 |
Fuller-Clark |
req. interpretation services upon request for persons receiving medical treatment. |
O |
S- OTPam |
SB131 |
Gottesman |
rel. to insurance coverage for services of midwives. |
O |
S – OTPam |
SB135 |
Sgambati |
est. a commission to study lowering costs of health insurance for small businesses. |
|
Ch. 192 |
SB138 |
Estabrook |
rel. to the waiting list for services to persons with devel. disabilities & acquired brain disorders & making appropriations. RSA 171-A |
S |
Ch. 363 |
SB149 |
Burling |
rel. to family support councils for the developmentally disabled. |
S |
S- OTPam |
SB153 |
Hassan |
est. a committee to study changing statutory references to "mental retardation." |
S |
Ch. 261 |
SB155 |
Hassan |
rel.to insurance coverage for chiropractic services. |
M |
S- OTPam |
SB156 |
Kenney |
rel. to public health regions and regional public health councils. |
S |
S-HHS rerefer |
SB165 |
Fuller-Clark |
rel. to informing physicians of results of the screening panels for medical injury claims. |
“S” |
S-JUD rerefer |
SB167 |
D'Allesandro |
rel. to the licensure of medical assistants by the board of nursing. |
|
S-OTP |
SB170 |
Gottesman |
est. an office of mediation and arbitration within the judicial branch. |
|
Ch. 344 |
SB176 |
DeVries |
rel. lead paint poisoning & est. a comm. to study current childhood lead poisoning prevent. law, policies, & standards. RSA 130-A |
S |
Ch. 293 |
SB179 |
Burling |
est. an automated external defibrillator trust fund and making an appropriation therefor. |
S |
S – OTPam |
SB182 |
Sgambati |
est. a committee to study the confidentiality of health care records in abuse and neglect proceedings. |
|
Ch. 200 |
SB183 |
Sgambati |
req. health insurance plans for family coverage to extend to dependents through age 25. |
S |
S- OTP |
SB188 |
Hassan |
rel. to unfair claim settlement practices by insurers. |
|
S – non-concur |
SB213 |
Fuller-Clark |
est. a comprehensive cancer plan fund & making an approp. & est. a comprehensive cancer plan oversight bd. RSA 126-A:63, :64 |
|
Vetoed |
SB215 |
Fuller-Clark |
making an appropriation for AIDS services. |
S |
Ch. 367 |
SB220 |
Fuller-Clark |
est. a commission to study the feasibility of establishing a public review board for health insurance rate increase requests. |
|
S- OTP |
SB251 |
D’Allesandro |
allowing the board of medicine to issue licenses for physicians to engage in a correctional institution medical practice. |
|
S – OTPam |
SB254 |
Gottesman |
rel. to legal representation during contract negotiations. |
|
Ch. 195 |