Revision: March 27, 2014, midnight
HB 582 – AS AMENDED BY THE HOUSE
22Jan2014… 2318h
2013 SESSION
06/09
HOUSE BILL 582
AN ACT relative to early offers for medical injury claims.
SPONSORS: Rep. Weber, Ches 1; Rep. Wall, Straf 6; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18
This bill:
I. Modifies definitions relating to early offers for medical claims.
II. Requires any waiver of rights by an injured patient to be signed 60 days or more after the medical injury.
III. Modifies time limits regarding waiver of rights.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Jan2014… 2318h
13-0468
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to early offers for medical injury claims.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definitions; Economic Loss. Amend RSA 519-C:1, IV to read as follows:
IV. "Economic loss'' means monetary expenses incurred by or on behalf of a claimant reasonably related to a medical injury and its consequences, including actual out-of-pocket medical expenses, replacement services, lost earning capacity, additional payment to the claimant pursuant to RSA 519-C:7, and 100 percent of the claimant's salary, wages, or income from self-employment or contract work lost as a result of the medical injury. Economic loss does not include: pain and suffering, punitive damages, enhanced compensatory damages, exemplary damages, damages for loss of enjoyment of life (hedonic damages), inconvenience, physical impairment, mental anguish, emotional pain and suffering, and loss of the following: [earning capacity,] consortium, society, companionship, comfort, protection, marital care, parental care, attention, advice, counsel, training, guidance or education, and all other non-economic damages of any kind.
2 New Subparagraph; Definitions; Notice of Injury. Amend RSA 519-C:1, VIII by inserting after subparagraph (j) the following new subparagraph:
(k) Evidence of lost earning capacity, if any, corroborated by a functional capacity evaluation and written statement by the individual’s treating physician indicating whether or not the individual has reached maximum medical improvement and the probable duration of the lost earning capacity and a written statement by an economist or other qualified professional estimating the value of such lost earning capacity.
3 Procedure. Amend RSA 519-C:2, XII to read as follows:
XII. [A claimant who rejects an early offer and who does not prevail in an action for medical injury against the medical care provider by being awarded at least 125 percent of the early offer amount, shall be responsible for paying the medical care provider's reasonable attorney's fees and costs incurred in the proceedings under this chapter. The claimant shall certify to the court that a bond or other suitable security for payment of the medical care provider's reasonable attorney's fees and costs has been posted before the court shall consider the case.] No waiver signed by a claimant prior to 60 days from the date of medical injury shall be held valid.
4 Notice and Waiver of Rights. Amend RSA 519-C:13, I to read as follows:
I. Claimants electing to pursue resolution of a medical injury under this chapter shall execute a notice and waiver of rights which contains the following wording:
WAIVER OF RIGHTS
By agreeing to submit a notice of injury to the medical care provider, I understand that my rights to seek legal remedies and a jury trial for my injuries guaranteed by Part I, Articles 14 and 20 of the New Hampshire Constitution may be affected.
I understand that I have the right to consult and retain an attorney to represent me regarding this matter, and that if an early offer settlement is reached, my attorney will be paid pursuant to RSA 519-C:5, I by the health care provider, in addition to any amount that is paid for my economic loss.
If I do not have an attorney when I sign this waiver form, the medical provider will appoint a neutral advisor to assist me in the early offer process and to explain, among other things, the differences between proceeding under this chapter or as provided in RSA 507-E and RSA 519-B. I HAVE THE RIGHT TO WITHDRAW THIS WAIVER AND THE NOTICE OF INJURY ANY TIME PRIOR TO MIDNIGHT OF THE [FIFTH BUSINESS] FORTY FIFTH DAY AFTER MY FIRST MEETING WITH THE ADVISOR, WHICH MUST OCCUR NO LATER THAN 10 BUSINESS DAYS FROM MY NOTIFICATION OF THE IDENTITY OF THE NEUTRAL ADVISOR.
If after submitting a notice of injury, the medical care provider does NOT extend an early offer (RSA 519-C:1, III), I am free to pursue my legal remedies as defined in New Hampshire law without restriction.
If after submitting a notice of injury, the medical care provider does extend an early offer (RSA 519-C:1, III), I may either:
(1) Accept the early offer;
(2) Request a hearing before a hearing officer to determine whether the early offer includes all of the economic loss I am entitled to under the statute, and if necessary, the hearing officer may order the medical care provider to increase the early offer to meet the requirements of the early offer law; or
(3) Reject the early offer and seek legal remedies without penalty or consequence.
I understand that [if I reject an early offer and am later awarded economic damages equal to or less than 125 percent of the amount of the early offer, I will be responsible for paying the medical care provider's reasonable attorney's fees and costs incurred in proceedings under this chapter.
I understand that if an early offer is made by the medical care provider and I accept that offer, disputes regarding the early offer can be resolved only in accordance with RSA 519-C:10 by a hearing officer listed with the judicial branch office of mediation and arbitration, at my request or the request of the medical care provider. If either party believes that the decision of the hearing officer is unlawful, that party may seek discretionary review in the New Hampshire court system; however, there is no assurance that the courts will undertake such review] I may seek a remedy through the courts of the state of New Hampshire without penalty or consequence.
Date ________________ Signature ________________
5 Effective Date. This act shall take effect 60 days after its passage.