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2007 Legislative Session Highlights

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
Sponsor

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
Eff. 8-10-07

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
Eff. 6-25-07

HB53

Harding

rel. to school health personnel.   RSA 200:31

M

Ch. 41
Eff. 7-20-07

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
S – T

HB134

Rosenwald

rel. to electronic prescribing for prescription drugs.
RSA 318:47-c

S

Ch. 320
Eff. 9-14-07

HB137

Pilliod

rel. to food safety in restaurants.

S

H – OTPam
S – ITL

HB139

DeJoie

rel. to the reporting of burn injuries.

O

H-OTPam
S – ITL

HB140

Pilliod

reestablish the NH task force on deafness and hearing loss.
RSA 125-P

S

Ch. 294
Eff. 9-11-07

HB143

Lasky

rel. to apportionment of damages in civil actions.
RSA 507:7-e

O

Vetoed

HB148

Rosenwald

est. a commission to study pharmaceutical costs and the 340B Drug Pricing Program.

S

Ch. 245
Eff. 6-28-07

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
Eff. 8-10-07

HB164

Hutchinson

rel. to medicating pupils to enhance learning abilities.

M

H- OTPam
S – ITL

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
Eff. 6-29-07

HB228

McLeod

rel. to the definition of "medical necessity" under the managed care law. RSA 420-J:3

S

Ch. 33
Eff. 7-13-07

HB244

Elliott

rel. to withholding or withdrawing of medically administered nutrition and hydration for developmentally disabled persons.

O

H – OTPam
S – T

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. 
RSA 126-A:4c

 

Ch. 247
Eff. 8-27-07

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
Eff. 8-17-07

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
Eff. 6-28-07

HB312

Rosenwald

rel. to alternative providers for certain health services. 
RSA 330-A:2

S

Ch. 83
Eff. 7-1-07

HB324

McEachern

rel. to the use of artificial trans fats and saturated fats in food prepared and served in public schools.

S

H – OTPam
S – ITL

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
S – ITL

HB345

Rochette

rel. to certification of death certificates.  RSA 5-C:1, :62, :74

M

Ch. 215
Eff. 1-1-08

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
Eff. 6-18-07

HB416

Phinizy

rel. to mercury reduction.  RSA 149-M:58

S

Ch. 279
Eff. 1-1-08

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
Eff. 6-12-07

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
Eff. 1-1-08 & 1-1-11

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
Eff. 6-28-07

HB517

MacKay

est. a commission to investigate cost drivers in providing health care.

S

Ch. 297
Eff. 7-13-07 &
1-1-08

HB519

Campbell

req. children 12 years of age or under to wear personal flotation devices.  RSA 270-30-a

 

Ch. 176
Eff. 8-17-07

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
Eff. 9-1-07

HB597

MacKay

rel. to expenditure caps for institutional health facilities under the certificate of need law.

M

H – nonconcur
S – OTPam

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.
RSA 420-J:4, :8-c

S

Ch. 98
Eff. 8-10-07

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
Eff. 8-17-07

HB688

French

est. the council on the relationship between public health and the environment.  RSA 125-P

S

Ch. 181
Eff. 8-17-07

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.
RSA 415:5, 420-A:10, 420-B:8, 420-C:4, 420-F:5, 420-J:8

M

Ch. 352
Eff. 9-15-07

HB797

Holden

regulating mandatory overtime for nurses and assistants. 
RSA 275:67

M

Ch. 353
Eff. 1-1-08

HB802

Brown, J

relative to passenger restraints.

S

H- OTP
S – ITL

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
Eff. 9-1-07

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.
RSA 21-M:16

S

Ch. 256
Eff. 1-1-08

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.
RSA 149-M:51, :53, :54

S

Ch. 105
Eff. 8-10-07

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
Eff. 7/1/07

HB921

McLeod

making technical changes in the ins. laws.  RSA 415:6, :18, 415-A,
420-B, 420-C, 420-F, 420-G, 420-H, 420-J, 420-K, 275:48, 420-A

M

Ch. 289
Eff. 9-1-07

HB926

Wendelboe

rel.to the regulation of pharmacies and pharmacists.  RSA318

M

Ch. 202
Eff. 1-1-08

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
S - OTP

HCR5

MacEachren

endorsing the National Health Insurance Act.

S

H-OTP
S – ITL

SENATE BILLS

SB42

Gottesman

prohibiting smoking in restaurants, cocktail lounges, and certain enclosed public places.  RSA 155:65, :66, :67

S

Ch. 203
Eff. 9-17-07

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
Eff. 9-11-07

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
Eff. 7-13-07

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
Eff. 9-14-07

SB102

Clegg

rel. to the powers of state government in the event of an incident or outbreak of communicable disease.

M

S – OTPam
H-HHS retain

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
H – ITL

SB131

Gottesman

rel. to insurance coverage for services of midwives.

O

S – OTPam
H-COM  retain

SB135

Sgambati

est. a commission to study lowering costs of health insurance for small businesses.

 

Ch. 192
Eff. 6-18-07

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
Eff. 7-1-07

SB149

Burling

rel. to family support councils for the developmentally disabled.

S

S- OTPam
H – ITL

SB153

Hassan

est. a committee to study changing statutory references to "mental retardation."

S

Ch. 261
Eff. 6-28-07

SB155

Hassan

rel.to  insurance coverage for chiropractic services.

M

S- OTPam
H – ITL

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
H – ITL

SB170

Gottesman

est. an office of mediation and arbitration within the judicial branch.
RSA 490-E

 

Ch. 344
Eff. 7-1-07

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
Eff. 7-12-07 &
1-1-08

SB179

Burling

est. an automated external defibrillator trust fund and making an appropriation therefor.

S

S – OTPam
H-EDU retain

SB182

Sgambati

est. a committee to study the confidentiality of health care records in abuse and neglect proceedings.

 

Ch. 200
Eff. 6-18-07

SB183

Sgambati

req. health insurance plans for family coverage to extend to dependents through age 25.

S

S- OTP
H – ITL

SB188

Hassan

rel. to unfair claim settlement practices by insurers.

 

S – non-concur
H - OTPam

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
Eff. 7-1-07

SB220

Fuller-Clark

est. a commission to study the feasibility of establishing a public review board for health insurance rate increase requests.

 

S- OTP
H – ITL

SB251

D’Allesandro

allowing the board of medicine to issue licenses for physicians to engage in a correctional institution medical practice.

 

S – OTPam
H-ED&A retain

SB254

Gottesman

rel. to legal representation during contract negotiations.
RSA  420-J:8

 

Ch. 195
Eff. 8-17-07