Revision: June 1, 2016, midnight
\t \t\tHB 628-FN - VERSION ADOPTED BY BOTH BODIES
11Mar2015… 0718h
02/04/2016 0235s
1June2016... 1962CofC
2015 SESSION
\t15-0147
\t01/03
HOUSE BILL\t\t628-FN
AN ACT\trelative to indemnification of health care provider facilities under certain circumstances.
COMMITTEE:\tHealth, Human Services and Elderly Affairs
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AMENDED ANALYSIS
\tThis bill declares that any health care provider facility licensed under RSA 151 shall provide certain employment information to any other health care provider facility regarding an employee or prospective employee if the information was provided in good faith.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0718h
02/04/2016 0235s
1June2016... 1962CofC
\t15-0147
\t01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT\trelative to indemnification of health care provider facilities under certain circumstances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Health Care Provider Facilities; Immunity From Liability. Amend RSA 151 by inserting after section 16-b the following new section:
\t151:16-c Health Care Provider Facilities; Disclosure of Employment Information; Immunity. Any health care provider 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 health care provider 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.
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t15-0147
\t\t\t\t\t\t\t\t\t\t\tAmended 2/9/16
HB 628-FN- FISCAL NOTE
AN ACT\t(New Title ) relative to indemnification of health care provider facilities under certain circumstances.
FISCAL IMPACT:
The Judicial Branch states this bill, as amended by the House (Amendment #2016-0235s), may reduce state expenditures by an indeterminable amount in FY 2017 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 provider 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 $724 in FY 2017 and $756 in FY 2018. 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 2017 and FY 2018 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.