Revision: Jan. 30, 2017, 11:24 a.m.
HB 256 - AS INTRODUCED
2017 SESSION
17-0572
01/09
HOUSE BILL 256
AN ACT relative to self-ordering for laboratory testing.
SPONSORS: Rep. Darrow, Graf. 17
COMMITTEE: Health, Human Services and Elderly Affairs
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This bill authorizes a person to self-order laboratory testing without a health care provider's request under certain circumstances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0572
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to self-ordering for laboratory testing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Licensed Laboratories; Self-Ordering for Testing. Amend RSA 151 by inserting after section 12-b the following new section:
151:12-c Self-Ordering for Laboratory Testing.
I. In this section, "health care provider'' means any person licensed or registered as a health care provider in the state of New Hampshire who is authorized to order laboratory testing.
II.(a) A person may obtain any laboratory test from a licensed clinical laboratory on a direct access basis without a health care provider's request or written authorization if the laboratory offers that laboratory test to the public on a direct access basis without a health care provider's request or written authorization.
(b) If a laboratory test of a person is conducted by or under the supervision of a person other than a health care provider and not at the request or with the written authorization of a health care provider, any report of the test results shall be provided by the person conducting the test to the person who was the subject of the test. The report shall state in bold type that it is the responsibility of the person who was tested to arrange with the person's health care provider for consultation and interpretation of the test results.
(c) A health care provider's duty of care to a patient shall not include any responsibility to review or act on the laboratory test results of a patient if the health care provider did not request or authorize the laboratory test. A health care provider is not subject to liability or disciplinary actions for the failure to review or act on the results of a laboratory test of any patient if the health care provider did not request or authorize the laboratory test.
(d) A clinical laboratory shall not submit a claim for reimbursement from a third-party payor for any laboratory test conducted without a health care provider's request or written authorization.
(e) This section shall not be construed to require that a laboratory test be covered by a health insurance plan or product pursuant to title XXXVII.
2 New Paragraph; Health Facility Licensure; Rulemaking Added. Amend RSA 151:9 by inserting after paragraph IX the following new paragraph:
X. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to self-ordering from laboratories under RSA 151:12-c.
3 Effective Date. This act shall take effect January 1, 2018.