Revision: Feb. 1, 2016, midnight
\t \t\tSB 530-FN - AS INTRODUCED
2016 SESSION
\t16-2801
\t01/09
SENATE BILL\t530-FN
AN ACT\trelative to volunteer health services.
SPONSORS:\tSen. Forrester, Dist 2; Sen. Morse, Dist 22; Sen. Little, Dist 8; Rep. Spanos, Belk. 3; Rep. D. Brown, Graf. 16; Rep. Vadney, Belk. 2; Rep. Gallagher, Belk. 4
COMMITTEE:\tHealth and Human Services
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ANALYSIS
\tThis bill authorizes medical professionals and licensed facilities to enter into contracts with the department of health and human services or a governmental contractor to allow them to provide volunteer health care services to certain persons. The commissioner of the department of health and human services is granted rulemaking authority for the purposes of the bill.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2801
\t01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to volunteer health services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Chapter; Volunteer Health Services. Amend RSA by inserting after chapter 126-Y the following new chapter:
CHAPTER 126-Z
Volunteer Health Services
\t126-Z:1 Definitions. In this chapter:
\t\tI. Commissioner" means the commissioner of the department of health and human services.
\t\tII. "Contract" means an agreement executed in compliance with this chapter between a medical professional and a free or charitable health care clinic licensed by the department or a governmental contractor.
\t\tIII. " Department" means the department of health and human services.
\t\tIV. "Governmental contractor" means the department, county health departments, special purpose districts with health care responsibilities, a hospital owned and operated by a governmental entity, or any other health care entity designated by the department.
\t\tV. "Health care provider" or "provider" means:
\t\t\t(a) A birth center, an ambulatory surgical center, a hospital, and any other appropriate facility licensed under RSA 151.
\t\t\t(b) A health maintenance organization, under RSA 420-B.
\t\t\t(c) A health care professional association.
\t\t\t(d) A free or charitable clinic qualified as exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code, which delivers medical services free of charge to low-income patients, a state or federally funded community health center, or any volunteer corporation or volunteer health care provider that delivers health care services to low-income patients.
\t\t\t(e) Any other medical facility the primary purpose of which is to deliver human medical services or treatment, and which includes an office maintained by a medical professional.
\t\tVI. "Low-income" means:
\t\t\t(a) A person eligible for Medicaid in New Hampshire.
\t\t\t(b) A person who is without health insurance and whose annual household income does not exceed 200 percent of the federal poverty level as defined by the federal Office of Management and Budget.
\t\tVII. "Medical professional" means a physician, dentist, dental hygienist, nurse, podiatrist, optometrist, physician assistant, a midwife, or ancillary personnel employed under the supervision of a physician. "Medical professional" may also include a student enrolled in an accredited program that prepares the student for licensure as a medical professional.
\t126-Z:2 Volunteer Services for Low-Income Patients.
\t\tI. A health care provider or individual medical professional that executes a contract with the department or governmental contractor to deliver volunteer health care services to eligible low-income patients shall be considered an agent of the state for purposes of RSA 99-D while acting within the scope of duties under the contract if the contract complies with the requirements of this chapter and regardless of whether the individual treated is later found to be ineligible. As an agent of the state, the health care provider or medical professional under contract with the state shall not be named as a defendant in any action arising out of medical care or treatment provided under the terms of contracts entered into under this section.
\t\tII. A contract entered into by a health care provider under this section shall cover all employees of the health care provider, and the individual employee shall not be required to enter into a contract under this section with respect to the health care services he or she delivers in connection with his or her employment.
\t126-Z:3 Contract Requirements. The contract shall provide that:
\t\tI.(a) The contract shall apply only to volunteer health care services delivered by the health care provider or individual medical professional to low-income individuals eligible to receive such services.
\t\t\t(b) The health care provider or individual medical professional shall not be named as a defendant in any action arising out of medical care or treatment provided within the scope of the contract.
\t\t\t(c) In the event that a patient treated by the health care provider or medical professional under the contract is later found to be ineligible, the health care provider or medical professional shall be immune from liability in any action arising out of medical care or treatment provided to the individual prior to a determination of ineligibility.
\t\t\t(d) The right of dismissal or termination of any health care provider or individual medical professional under the contract shall be retained by the department or the government contractor.
\t\t\t(e) The department or governmental contractor shall have the right to terminate the contract with the health care provider or individual medial professional for appropriate cause. The department or governmental contractor shall provide the health care provider or individual medical professional with written notice of its intent to terminate the contract, and reasons for such decision, at least 5 business days in advance of the contract termination date.
\t\t\t(f) The department or governmental contractor has access to the records of any patient served by the health care provider or individual medical professional under the contract.
\t\t\t(g) Adverse incidents and information on treatment outcomes shall be reported by any health care provider or individual medical professional to the department or governmental contractor if the incidents and information pertain to a patient treated under the contract. If the incident involves a licensed professional or facility, the incident report shall also be submitted to the appropriate licensing body, which shall review the incident to determine whether it involves conduct by the licensee that is subject to disciplinary action. All patient medical records and any identifying information contained in adverse incident reports and treatment outcomes which are obtained by governmental entities or licensing bodies under this paragraph are confidential.
\t\t\t(h) Patient selection and initial referral may be made by the department, governmental contractor, health care provider, or individual medical professional.
\t\t\t(i) If emergency care is required the patient need not be referred before receiving treatment, but shall be referred within 48 hours after treatment is commenced or within 48 hours after the patient has the mental capacity to consent to treatment, whichever occurs later.
\t\t\t(j) The health care provider or individual medical professional shall be subject to supervision and regular inspection by the department or governmental contractor.
\t\tII. A governmental contractor that is also a health care provider shall not be required to enter into a contract under this section with respect to the health care services delivered by its employees.
\t126-Z:4 Notice of Agency Relationships. The health care provider or the individual medical professional shall provide written notice to each patient served under the contract, or the patient's legal representative, receipt of which shall be acknowledged in writing, that the provider, individual medical professional, or any employee or agent thereof is an agent of the state with respect to the services provided and that the exclusive remedy for injury or damage suffered as the result of any act or omission of the provider, individual medical professional, or any employee or agent thereof acting within the scope of duties pursuant to the contract is by commencement of an action pursuant to the provisions of 99-D. The health care provider or individual medical professional may comply with the requirements of this paragraph by posting the notice in a place conspicuous to all persons visiting the provider's or medical professional's place of business.
\t126-Z:5 Quality Assurance Program Required. The department shall establish by rule, pursuant to RSA 541-A, a quality assurance program to monitor services delivered under any contract entered into under this chapter
\t126-Z:6 Continuing Education Credit. Medical professionals may fulfill one hour of continuing education credit by the performance of one hour of volunteer services to eligible patients as provided in this chapter, up to a maximum of 8 credits per licensure period.
\t126-Z:7 Report Required. The commissioner shall submit an annual report beginning on or before November 1, 2017 to the president of the senate, the speaker of the house of representatives, and the house and senate committee chairpersons having jurisdiction over health and human services issues, summarizing the efficacy of access and treatment outcomes with respect to providing health care services for low-income patients pursuant to this chapter. The report shall also include statistics for any and all claims pending and paid, and defense and handling costs associated with all claims brought against contract providers under this section. The commissioner shall provide on its Internet website a listing of all providers volunteering under this program with hours, number of patient visits, and value of health care related goods and services provided.
\t126-Z:8 Malpractice Litigation Costs. Governmental contractors other than the department, health care providers, and individual medical professionals shall be responsible for their own costs and attorney's fees for malpractice litigation arising out of health care services delivered under a contract brought pursuant to the provisions of 99-D.
\t126-Z:9 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
\t\tI. Format and content of forms required under this chapter.
\t\tII. Procedures for establishing a quality assurance program as required under RSA 126-Z:5.
\t\tIII. Other matters necessary to the proper administration of this chapter.
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2801
\t\t\t\t\t\t\t\t\t\t\t1/27/16
SB 530-FN- FISCAL NOTE
AN ACT\trelative to volunteer health services.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Health and Human Services, who was contacted on 11/20/15, 01/05/16 and 01/26/16 relative to the potential fiscal impact of this bill. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.