HB583 (2005) Detail

Establishing an oversight committee to study medical malpractice insurance rates in this state.


HB 583 – AS AMENDED BY THE SENATE

30Mar2005… 0741h

06/02/05 1590s

2005 SESSION

05-0883

01/04

HOUSE BILL 583

AN ACT establishing an oversight committee to study medical malpractice insurance rates in this state and requiring a hearing when medical malpractice insurance rates change.

SPONSORS: Rep. Wall, Straf 7; Rep. Rowe, Hills 6; Rep. Mooney, Hills 19; Rep. Morrison, Belk 2

COMMITTEE: Commerce

AMENDED ANALYSIS

This bill establishes a statutory oversight committee to study medical malpractice insurance rates in this state.

This bill also requires the commissioner of insurance to hold a public hearing, if requested, when medical malpractice insurance rates change by more than 15 percent from the currently applicable rates.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0741h

06/02/05 1590s

05-0883

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT establishing an oversight committee to study medical malpractice insurance rates in this state and requiring a hearing when medical malpractice insurance rates change.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Medical Malpractice Insurance Oversight Committee. Amend RSA 519-A by inserting after section 10 the following new subdivision:

Medical Malpractice Insurance Oversight Committee

519-A:11 Medical Malpractice Insurance Oversight Committee.

I. There is established a committee to study medical malpractice insurance rates in this state.

II. The committee shall consist of 4 members of the house of representatives, appointed by the speaker of the house of representatives and 3 members of the senate, appointed by the president of the senate.

III. The members of the committee shall elect a chairperson from among the members. Four members of the committee shall constitute a quorum; provided, that no quorum is present unless at least one member of each body is present.

IV. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

V. The committee shall review and analyze detailed information provided by the administrative office of the courts and the insurance department related to medical injury liability claim activity, the condition of the medical malpractice insurance market and current rate levels and pricing of medical malpractice insurance products.

VI.(a) The committee shall analyze the information it receives under paragraph V and from the insurance commissioner and report it annually to the speaker of the house of representatives, the senate president, the house clerk, and the senate clerk.

(b) The committee shall make an interim report of its findings about medical malpractice insurance rates and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2006.

(c) The committee shall make a final report of its findings about medical malpractice insurance rates and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2008.

519-A:12 Reports.

I.(a) The administrative office of the courts shall collect data on medical injury claims and submit a report to the committee established in RSA 519-A:11 and to the insurance commissioner on or before September 30 of each year.

(b) The report shall include the number of medical injury cases filed, pending, and resolved during the fiscal year ending on the June 30 preceding the report date.

(c) The report shall also include, for medical injury cases resolved during the fiscal year:

(1) The mean and median lengths of time from initial filing to final resolution.

(2) The number and average settlement amount of cases that were resolved prior to trial.

(3) The number and average settlement amount of cases that were resolved by or

after a jury verdict.

(4) Such other statistical information as the committee may request.

(d) To the extent possible, the report shall include comparative data from the previous 5 years.

II.(a) The insurance commissioner shall report to the committee, established in RSA 519-A:11, annually, on or before November 1 of each year, on the medical malpractice market in New Hampshire and the current rate levels and pricing of medical malpractice insurance products in New Hampshire. Such reports shall include, but not be limited to, average rate comparisons of medical liability insurance for categories of medical providers and specialties identified by the insurance commissioner, the frequency and severity of medical injury claims, the time for resolution of medical injury claims from first notice to final resolution, and other factors influencing the pricing of medical malpractice insurance products.

(b) The insurance commissioner is authorized to compel the production of documents from carriers that is required to provide the committee with requested information. To the extent the commissioner collects information from insurers regarding individual claims, loss adjustment and other expenses, reserves, indemnity payments, or other financial information that is not otherwise reported to the commissioner and available to the public, such information shall be treated as examination materials, kept confidential and not be subject to RSA 91-A.

2 First Meeting of Committee. The first meeting of the committee established in section 1 of this act shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

3 New Paragraph; Rate Filings; Medical Malpractice. Amend RSA 412:16 by inserting after paragraph XIII the following new paragraph:

XIV.(a) For medical malpractice insurance, regardless of whether the market is competitive or noncompetitive, the commissioner shall notify the public of any filing for a rate change when the proposed rate adjustment increases the then applicable rate by more than 15 percent or when the proposed rate adjustment decreases the then applicable rate by more than 15 percent.

(b) The commissioner shall hold a hearing on the rate adjustment upon receipt of a timely request.

(c) The rate change shall be deemed approved under rules established according to the provisions of RSA 412:43 unless the rate filing is disapproved by the commissioner.

(d) Public notice under subparagraph (a) shall be made through distribution to the news media and to any member of the public who requests placement on a mailing list for that purpose.

4 New Paragraphs; Rulemaking Authority. Amend RSA 412:43 by inserting after paragraph II the following new paragraphs:

III. The commissioner shall adopt rules under RSA 541-A relative to the conduct of hearings under RSA 412:16, XIV which shall include the definition of a timely request for a hearing, timelines for scheduling hearings, and procedures to prevent delays in commencing or continuing the hearings.

IV. The commissioner shall adopt rules under RSA 541-A relative to time periods for approvals of filings under RSA 412:16, XIV.

5 Effective Date.

I. Sections 1 and 2 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect 60 days after its passage.

Links

HB583 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB583 Revision: 9022 Date: Jan. 21, 2010, midnight

Docket