Legislative Wrap Up
This is a living document and will continue to be updated over the coming weeks as more bills are signed and vetoed by the Governor.
The New Hampshire Medical Society (NHMS) has tracked and been active on 143 individual pieces of legislation during the 2023 legislative session of the New Hampshire General Court. Over the course of the session – we had more than 250 physicians engage with lawmakers in a variety of different ways. While many could come to the State House and provide testimony in person, others shared their testimony via email or by calling key lawmakers.
SB263 - Extending the New Hampshire granite advantage health care program and re-establishing the commission to evaluate the effectiveness and future of the New Hampshire granite advantage health care program
NHMS Position: Support Result: Added into the state budget
SB263 aimed to permanently reauthorize the Granite Advantage Health Care Program (also known as Medicaid Expansion). The program extended Medicaid coverage to a subset of low-income individuals who had not previously been covered prior to the program’s creation in 2014. The Senate passed SB263 unanimously 24-0, but after being debated in the House – the House Finance Committee voted to retain the bill. The House favored a 2-year reauthorization rather than extending the program indefinitely. This set up a negotiation between House and Senate leadership, who agreed the program should be reauthorized but needed to agree on the time frame. After a couple of weeks of negotiation, both sides agreed upon a 7-year reauthorization which would be added into the State’s budget bill (House Bill 2). Over the course of the session, the Medical Society worked hard to have a strong presence of physicians testifying as to why this program was so important to our health care system and the patients we serve.
SB58 - This bill authorizes a law enforcement officer to arrest a person without a warrant for interfering with the provision of medically necessary health care services.
NHMS Position: Support Result: Signed by the Governor
Over the last few years - NHMS has collaborated with the NH Hospital Association to identify how we could help our states’ health care workers who experience violence in a health care setting. SB58 was the product of a study committee that was dedicated to figuring out a solution to this problem. This bill states that an arrest can be made if a “peace officer has probable cause to believe that the person to be arrested has committed a misdemeanor or violation, and, if not immediately arrested, such person will not be apprehended… or, while in the care of a medical professional on the premises of a residential care or health care facility, through actual or threatened violence, interfere in the provision of heath care services that a licensed medical professional has determined to be medically necessary.” We hope that this new law will allow for police to remove individuals from the health care setting, who become violent towards a health care worker and are interfering with medically necessary health care services.
HB575 - This bill prohibits the state and its political subdivisions from purchasing, promoting, or distributing any vaccine or pharmaceutical product that has not been tested with voluntary, human, clinical trials.
HB557 - This bill removes the rulemaking authority of the Commissioner of health and human services on immunization requirements beyond those diseases identified in the statute.
NHMS Position: Oppose Result: Defeated
We joined NH Department of Health and Human Services and many other health care entities in testifying against these bills on the basis that they would hinder the NH Department of Health and Human Services’ ability to adopt evidence-based immunizations policies and requirements. After hearing from dozens of physicians and other health care workers, the House HHS Committee voted for a recommendation of Inexpedient to Legislate for both bills. This recommendation was upheld by the House floor so both bills were defeated and cannot come back next session.
SB173 – This bill attempted to give the NH Insurance Department’s Commissioner more authority in defining qualified payment amount, out-of-network rate, and the dispute resolution process for determining such rates or compensation.
NHMS Position: Oppose Result: Defeated
NHMS opposed this attempt from the NH Insurance Department to amend the existing New Hampshire law that protects patients from out of network balance bills. HHS and CMS have definitively recognized that our state balancing billing meets all federal requirements. We saw no compelling need to amend the law and give the NH Insurance Department’s Commissioner, unilateral discretion to determine an out-of-network rate based upon the Commissioner's determination of what is "in the public interest." No state in the United States has a comparable state law to govern out of network rates for physicians. NHMS President, Dr. Eric Loo, offered this testimony during the Senate HHS Committee’s public hearing. Upon hearing Dr. Loo’s testimony and others in opposition – this bill was defeated for this session.
HB224 - This bill repeals the criminal and civil penalties for violation of the fetal life protection act, which restricts access to abortion procedures after 24 weeks.
NHMS Position: Support Result: Passed the House, but defeated in the Senate
After last year’s victory of HB1609 that added an exemption for “the case of fetal abnormalities incompatible with life” to the Fetal Life Protection Act (which prohibited abortions after 24 weeks), we hoped to eliminate the criminal and civil penalties outlined in the Fetal Life Protection Act. NHMS supported HB224 as we oppose the imposition of criminal and civil penalties or other retaliatory efforts against patients, patient advocates, physicians, other healthcare workers, and health systems for receiving, assisting in, referring patients to, or providing reproductive health services. Several NHMS members testified at the public hearings, including Drs. Ilana Cass, Maris Toland, and NHMS Council member Dr. Danielle Albushies, who all spoke about the potential delays in care that these penalties could result in. This bill passed the House but was unfortunately voted Inexpedient to Legislate by the Senate.
SB175 – This bill mandates that the Department of Health and Human Services extend Medicaid coverage for pregnant women to 12 months postpartum, to cover doula services, to cover lactation services, and to cover donor breast milk for eligible infants, and creates appropriations thereof
NHMS Position: Support Result: Added into the state budget
NHMS has been working to pass this legislation over the last few legislative sessions to no avail. After overwhelming testimony in support from physicians and other providers and patients – the Senate decided to add this bill’s language into the final version of the state budget that was signed by the Governor.
HB346 - This bill attempted to take away end of life decision making from parents and their providers when a child is born with complications incompatible with life.
NHMS Position: Oppose Result: Defeated
This is not the first time we have seen this legislation as it was introduced and soundly defeated in the 2020 legislative session. NHMS opposed this legislation after consulting with NH’s neonatology and obstetrical community to understand its impact on them and the patients they serve. Their feedback was clear – this bill was unnecessary as providers are already required to perform lifesaving care for a child if a parent chooses. This bill would take away that decision-making authority from the parents, who may prefer to spend what little time they have left with their child before it passes. This bill attempts to legislate clinical decisions which NHMS opposes outright. After hearing from a number of physicians and other organizations in opposition to the bill – the committee recommended Inexpedient to Legislate 18-1, which was soundly upheld on the House floor by a voice vote, meaning this bill has been defeated and cannot come back next year.
HB655 - This bill consolidates administrative authority for the office of professional licensure and certification (OPLC) in a new chapter of law.
SB107 - This bill makes certain changes to the administration requirements for regulatory boards and commissions and revises the procedure for occupational licensure applicants with criminal convictions. The bill also revises the regulation of hearings, disciplinary proceedings, and other administration by occupational boards under the Office of Professional Licensure and Certification.
HB655 aimed to streamline the statutes that govern the various licensing boards and overseeing state agency, the NH Office of Professional Licensure and Certification (OPLC). One component of HB655 was to delineate investigative responsibilities of licensees to the OPLC and leave adjudicating responsibilities to the respective boards. In its original form – HB655 eliminated the Medical Review Subcommittee (MRSC) with no peer review committee replacement. NHMS advocated against eliminating the MRSC without a peer review replacement as having no peer review committee to help investigate filed complaints would hinder the OPLC’s ability to adequately vet the complaints in a timely manner. The committee listened to that feedback by amending another bill, SB107, to establish a panel of physicians to assist OPLC in carrying out its investigative obligations as a replacement for the MRSC. SB107 passed both the House and the Senate and is awaiting the Governor’s signature. We expect he will sign it within the next couple of weeks.
HB47 - This bill requires the physician who treats a trauma patient who later dies of their injuries to attest in writing that the patient care team followed all advanced trauma life support protocols. The statement would become part of the medical record and would be required for organ donation eligibility.
NHMS Position: Oppose Result: Defeated
After consulting with NH’s surgical and emergency medicine community – NHMS opposed this bill on the basis that it created an unnecessary burden on trauma providers. Several physicians testified against the bill, including NHMS Council Member, Dr. Lisa Patterson, who explained the challenges this bill would create. After hearing this testimony, the committee recommended Inexpedient to Legislate unanimously 20-0 which was affirmed on the House floor by a voice vote, meaning this bill has been defeated and cannot come back next year.