SB139 (2005) Detail

Relative to admission into evidence of certain medical bills, reports, and records.


SB 139 – AS INTRODUCED

2005 SESSION

05-0330

09/01

SENATE BILL 139

AN ACT relative to admission into evidence of certain medical bills, reports, and records.

SPONSORS: Sen. Gottesman, Dist 12; Sen. Foster, Dist 13; Rep. Craig, Hills 9

COMMITTEE: Judiciary

ANALYSIS

This bill establishes criteria for admission into evidence of certain medical bills, reports, and records.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0330

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to admission into evidence of certain medical bills, reports, and records.

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

1 New Subdivision; Medical and Hospital Services; Evidence. Amend RSA 516 by inserting after section 37 the following new subdivision:

Medical and Hospital Services; Evidence

516:38 Medical and Hospital Services; Evidence.

I. In any court or administrative action or proceeding, itemized bills and reports, including hospital medical records or any other medical records, relating to medical, dental, hospital services, prescriptions, or orthopedic appliances rendered to or prescribed for an injured person, or any report of any examination of such injured person, including, but not limited to hospital medical records or any other medical records subscribed and sworn to under the penalties of perjury by the physician, dentist, authorized agent of a hospital or health maintenance organization rendering such services or by the pharmacist or retailer of orthopedic appliances, shall be admissible as evidence of:

(a) The fair and reasonable charge for such services or the necessity of such services or treatments;

(b) The diagnosis and prognosis of the physician or dentist;

(c) The opinion of such physician or dentist as to the proximate cause of the diagnosed condition; and

(d) The opinion of such physician or dentist as to disability or incapacity, if any, proximately resulting from the diagnosed condition.

II. Written notice of the intention to offer a bill, hospital medical record or any other medical record, or report as evidence, together with a copy of the bill, hospital medical record or other medical record, or report, shall be given to the opposing party or parties, or to their attorneys, by certified mail, return receipt requested, not less than 10 days before the introduction of the bill, hospital medical record or other medical record, or report into evidence, and an affidavit of such notice and the return receipt shall be filed with the clerk of the court or with the administrative agency after the receipt is returned.

III. Nothing contained in this section shall be construed to limit the right of any party to the action to summon, at his or her own expense, such physician, dentist, pharmacist, retailer of orthopedic appliances, or agent of such hospital or health maintenance organization or the records of such hospital or health maintenance organization for the purpose of cross examination with respect to such bill, record, or report or to rebut the contents thereof, or for any other purpose, nor to limit the right of any party to the action or proceeding to summon any other person to testify in respect to such bill, record, or report or for any other purpose.

IV. In this section:

(a) “Physician” and “dentist” shall include any person who is licensed to practice as such under the laws of the jurisdiction within which services were rendered, and shall also include chiropodists, chiropractors, optometrists, osteopaths, physical therapists, podiatrists, psychologists, and other medical personnel licensed to practice under the laws of the jurisdiction within which services were rendered.

(b) “Hospital” means any hospital licensed under RSA 151:2, or licensed or regulated by the laws of any other state, or by the laws and regulations of the United States of America, including hospitals of the Veterans Administration or similar type institutions, whether incorporated or not.

(c) “Health maintenance organization” shall have the same meaning as defined in RSA 151-C:2.

2 Effective Date. This act shall take effect January 1, 2006.