HB329 (2017) Detail

(New Title) establishing a committee to study balance billing and authorizing municipal ratification of certain meetings and elections.


CHAPTER 20

HB 329 - FINAL VERSION

 

04/06/2017   1322s

04/06/2017   1332s

20Apr2017... 1486-CofC

 

2017 SESSION

17-0578

01/06

 

HOUSE BILL 329

 

AN ACT establishing a committee to study balance billing and authorizing municipal ratification of certain meetings and elections.

 

SPONSORS: Rep. Luneau, Merr. 10; Rep. Myler, Merr. 10; Rep. Wallner, Merr. 10; Rep. Butler, Carr. 7; Rep. Williams, Hills. 4; Rep. Cahill, Rock. 17; Rep. Knirk, Carr. 3; Sen. Feltes, Dist 15

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill establishes a committee to study balance billing by health care providers.

 

This bill also provides for municipal ratification of postponed meetings and elections scheduled to occur March 14, 2017.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/06/2017   1322s

04/06/2017   1332s

20Apr2017... 1486-CofC 17-0578

01/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT establishing a committee to study balance billing and authorizing municipal ratification of certain meetings and elections.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

20:1  Committee Established.  There is established a committee to study balance billing by health care providers.

20:2  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  Four members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  One member of the senate, appointed by the president of the senate.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

20:3  Duties.  The committee shall study the practice of balance billing by health care providers for services received by an insured person at an in-network health care facility.

20:4  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named house member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

20:5  Report.  The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2017.

20:6  Authorization for Municipal Ratification of Meetings and Elections.  

I.  Due to the concern about an impending snowstorm, some New Hampshire towns and school districts rescheduled their 2017 elections from Tuesday, March 14, 2017 to various later dates.  The towns and school districts assert that this unprecedented action was based on advice of lawyers for the New Hampshire Municipal Association and other counsel.  This advice was given despite the absence of any mechanism to accommodate such a rescheduling with regard to other provisions of New Hampshire election law.  This advice was also directly contrary to both the political calendar and the election procedure manual, which are required to be prepared cooperatively by the secretary of state and the attorney general and distributed to local election officials.  Those who advised local officials that they had the authority to reschedule elections have placed some municipalities in an untenable position.  Of particular concern to the general court was the lack of notification for rescheduled elections and the irregular process of absentee voting and recounts.  These municipalities must now choose to accept the ramifications of the decision to reschedule their elections or to seek ratification of that decision.  Either option will likely result in the disenfranchisement of voters.  Since local voters were the ones most directly affected by the unprecedented act of moving election day this act gives those voters a voice in the solution.  This act seeks to implement ratification as the least detrimental of 2 unfortunate options, but not to establish precedent or to authorize these actions in future elections.  This act is not intended to absolve any legal counsel of liability for the advice given.

II.  This act applies to all towns, village districts, and school districts that postponed their meetings or elections that were scheduled to occur March 14, 2017, regardless of whether they have adopted RSA 40:13.

III.  All elections of individuals to serve as members of a governing body of a political subdivision, school board, or any other elected position are hereby legalized, ratified, and confirmed.

IV.  All actions, votes, and proceedings, held at any town election, town meeting, school district election, school district meeting, village district election, or village district meeting, that was scheduled to take place March 14, 2017, but was postponed due to weather and was held at a later date, may be legalized, ratified, and confirmed by the governing body of the political subdivision following a properly noticed public hearing.  For the purpose of this paragraph "properly noticed" shall mean 72 hours advance notice of the hearing printed in a newspaper of general circulation in the town or district and on the public body's Internet website, if one exists.

V.  The decision of the governing body to legalize, ratify, and confirm the prior actions shall be in writing and shall be posted in the same manner as the results of the election, town meeting, school district election, school district meeting, village district election, or village district meeting, as the case may be.

20:7  Effective Date.  This act shall take effect upon its passage.

Approved April 21, 2017

Effective Date: April 21, 2017

 

Links

HB329 at GenCourtMobile

Action Dates

Date Body Type
Jan. 19, 2017 House Hearing
Feb. 14, 2017 House Exec Session
March 8, 2017 House Floor Vote
March 28, 2017 Senate Hearing
April 6, 2017 Senate Floor Vote
April 20, 2017 Senate Floor Vote
April 20, 2017 Senate Floor Vote
April 20, 2017 House Floor Vote
April 20, 2017 House Floor Vote

Bill Text Revisions

HB329 Revision: 1096 Date: April 24, 2017, 3:15 p.m.
HB329 Revision: 1097 Date: April 20, 2017, 11:43 a.m.
HB329 Revision: 1098 Date: April 6, 2017, 11:57 a.m.
HB329 Revision: 1099 Date: Jan. 30, 2017, 10:16 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Commerce and Consumer Affairs HJ 3 P. 8
Jan. 19, 2017 Public Hearing: 01/19/2017 11:00 AM LOB 302
Jan. 24, 2017 Subcommittee Work Session: 01/24/2017 09:00 AM LOB 302
Feb. 14, 2017 Executive Session: 02/14/2017 01:30 PM LOB 302
March 8, 2017 Committee Report: Ought to Pass for 03/08/2017 (Vote 20-0; CC) HC 14 P. 5
March 8, 2017 Ought to Pass: MA VV 03/08/2017 HJ 9 P. 11
March 9, 2017 Introduced 03/09/2017 and Referred to Health and Human Services; SJ 9
March 28, 2017 Hearing: 03/28/2017, Room 101, LOB, 01:30 pm; SC 16
April 6, 2017 Committee Report: Ought to Pass, 04/06/2017; SC 17
April 6, 2017 Sen. Soucy Floor Amendment # 2017-1322s, AA, VV; 04/06/2017; SJ 13
April 6, 2017 Sen. Bradley Offered Floor Amendment # 2017-1332s; 04/06/2017; SJ 13
April 6, 2017 Chair Ruled Sections of Amendment # 2017-1332s Non-Germane, 04/06/2017; SJ 13
April 6, 2017 Without Objection, Rule 3-17 is Suspended to Allow Non-Germane Amendment # 2017-1332s; 2/3 Necessary, MA; 04/06/2017; SJ 13
April 6, 2017 Sen. Bradley Floor Amendment # 2017-1332s, RC 21Y-2N, AA; 04/06/2017; SJ 13
April 6, 2017 Ought to Pass with Amendments 2017-1322s and 2017-1332s, MA, VV; OT3rdg; 04/06/2017; SJ 13
April 20, 2017 House Non-Concurs with Senate Amendment 1322s and 1332s and Requests CofC (Rep. Hunt): MA VV 04/20/2017 HJ 14 P. 2
April 20, 2017 Speaker Appoints: Reps. Hunt, B. Griffin, Hoelzel, Luneau 04/20/2017 HJ 14 P. 2
April 20, 2017 Suspend rule 49 (Reps. Hinch, Shurtleff): MA DV 306-27 by necessary two-thirds vote 04/20/2017 HJ 14 P. 2
April 20, 2017 Sen. Bradley Moved to suspend all rules necessary to permit the consideration of HB 329; 2/3 necessary, MA, VV; 04/20/2017; SJ 14
April 20, 2017 Sen. Bradley Accedes to House Request for Committee of Conference, MA, VV; 04/20/2017; SJ 14
April 20, 2017 President Appoints: Senators Bradley, Birdsell, Woodburn; 04/20/2017; SJ 14
April 20, 2017 Conference Committee Report Filed, # 2017-1486c; 04/20/2017 SJ 14
April 20, 2017 Conference Committee Report 2017-1486c, Adopted, VV; 04/20/2017 SJ 14
April 20, 2017 Conference Committee Report # 2017-1486c Filed 04/20/2017; Senate Amendment + New Amendment
April 20, 2017 Conference Committee Report 1486c: Adopted, RC 294-42 04/20/2017 HJ 14 P. 20
April 20, 2017 Enrolled (In recess 04/20/2017); SJ 14
April 20, 2017 Enrolled 04/20/2017 HJ 14 P. 23
April 21, 2017 Signed by Governor Sununu 04/21/2017; Chapter 20; Eff. 4/21/2017