HB 628-FN - AS AMENDED BY THE HOUSE
11Mar2015… 0718h
2015 SESSION
15-0147
01/03
HOUSE BILL 628-FN
AN ACT relative to indemnification of health care facilities under certain circumstances.
SPONSORS: Rep. Sherman, Rock 24; Rep. Byron, Hills 20; Sen. Reagan, Dist 17; Sen. Stiles, Dist 24; Sen. Fuller Clark, Dist 21
COMMITTEE: Health, Human Services and Elderly Affairs
AMENDED ANALYSIS
This bill declares that any facility licensed under RSA 151 shall provide certain employment information to any other facility regarding an employee or prospective employee if the information was provided in good faith.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0718h
15-0147
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to indemnification of health care facilities under certain circumstances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Health Care Facilities; Immunity From Liability. Amend RSA 151 by inserting after section 16-b the following new section:
151:16-c Health Care Facilities; Disclosure of Employment Information; Immunity. Any facility licensed under this chapter shall, when acting in good faith, disclose employment information regarding misconduct and competency about a health care worker upon request of a prospective or current employer. A facility and its directors and employees who provide information in accordance with this section shall be immune from civil liability for providing the information or for any consequences that result from the disclosure of the information unless it is alleged and proven that the information disclosed was false and disclosed with knowledge that such information was false.
2 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0147
Amended 03/13/15
HB 628-FN FISCAL NOTE
AN ACT relative to indemnification of health care facilities under certain circumstances.
FISCAL IMPACT:
The Judicial Branch states this bill, as amended by the House (Amendment #2015-0718h), may reduce state expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no fiscal impact on state, county and local revenue, or county and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would provide immunity from civil liability to a health care facility for providing information to any other facility regarding an employee or prospective employee if the information was provided in good faith. The Branch indicates the bill could result in savings by removing a civil damage action from the court system that would otherwise have been brought. The type of case would be a civil action for damages in the superior court and would be classified as a complex civil case. The Branch has no information on how many such cases would not be filed, but does have information on the cost of processing such cases in the trial court. The Branch states the estimated cost of an average complex civil case in the superior court will be $707 in FY 2016 and $728 in FY 2017. These amounts do not include the cost of any appeals that may be taken following trial. The Branch notes average case cost estimates for FY 2016 and FY 2017 are based on data that is more than nine years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.
The Department of Health and Human Services states this bill would have no fiscal impact on the Department.