Revision: May 14, 2018, 10:09 a.m.
SB 379 - AS AMENDED BY THE HOUSE
02/15/2018 0416s
3May2018... 1863h
2018 SESSION
18-2742
01/06
SENATE BILL 379
SPONSORS: Sen. Innis, Dist 24; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. Daniels, Dist 11; Sen. Feltes, Dist 15; Sen. French, Dist 7; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Gray, Dist 6; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Reagan, Dist 17; Sen. Watters, Dist 4; Rep. Emerick, Rock. 21; Rep. Allen, Rock. 15; Rep. Abrami, Rock. 19
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill changes the time frame for insurance companies and managed care organizations to recover payments from a health care provider for services completed.
This bill also permits state and county prisoners to have a second opinion from a licensed health care provider.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/15/2018 0416s
3May2018... 1863h 18-2742
01/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Accident and Health Insurance; Retroactive Denials. Amend the introductory paragraph of RSA 415:6-i, II(b) to read as follows:
(b) The time which has elapsed since the date of payment of the challenged claim does not exceed [18] 12 months. The retroactive denial of a previously paid claim may be permitted beyond [18] 12 months from the date of payment only for the following reasons:
2 Managed Care Law; Retroactive Denials. Amend the introductory paragraph of RSA 420-J:8-b, II(b) to read as follows:
(b) The time which has elapsed since the date of payment of the challenged claim does not exceed [18] 12 months. The retroactive denial of a previously paid claim may be permitted beyond [18] 12 months from the date of payment only for the following reasons:
3 New Paragraph; Medical Services for County Prisoners. Amend RSA 623-C:1 by inserting after paragraph II the following new paragraph:
III. The superintendent of a county correctional facility shall, upon request of the prisoner, provide each prisoner the opportunity to arrange for a second medical opinion from a licensed health care provider not employed or contracted by the county or the state. Unless the superintendent or his or her designee allows for other arrangements, the examination shall occur at the correctional facility. Correctional facility staff shall approve a visit by any health care provider licensed or credentialed by the state of New Hampshire. The prisoner may request a specific health care provider only if the examination is at the prisoner's expense, or at the expense of another person on behalf of the prisoner. The prisoner shall make payment arrangements in advance of the medical examination. Expenses for the second medical opinion shall be billed directly to the prisoner or to the responsible party designated by the prisoner.
4 New Paragraph; Medical Services for State Prisoners. Amend RSA 623-C:2 by inserting after paragraph III the following new paragraph:
IV. The commissioner of the department of corrections shall, upon request of the prisoner, provide each prisoner the opportunity to arrange for a second medical opinion from a licensed health care provider not employed or contracted by the county or the state. Unless the commissioner or his or her designee allows for other arrangements, the examination shall occur at the correctional facility. Correctional facility staff shall approve a visit by any health care provider licensed or credentialed by the state of New Hampshire. The prisoner may request a specific health care provider only if the examination is at the prisoner's expense, or at the expense of another person on behalf of the prisoner. The prisoner shall make payment arrangements in advance of the medical examination. Expenses for the second medical opinion shall be billed directly to the prisoner or to the responsible party designated by the prisoner.
I. Sections 1 and 2 of this act shall take effect January 1, 2019.
II. The remainder of this act shall take effect 60 days after its passage.
18-2742
Amended 5/14/18
SB 379- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2018-1863h)
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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METHODOLOGY:
The Department of Corrections states the provision that a prisoner may obtain a second medical opinion the cost of which shall be billed directly to the prisoner or to a designated responsible party would have no impact on the Department. The Department indicates, for a second opinion conducted outside of the correctional facility, there would be transportation costs including fuel and staff security resources.
The New Hampshire Association of Counties assumes if offenders are given the opportunity for a second opinion at their own expense most facilities would still bear the burden of indeterminable supervision and transportation costs. The Association indicates, for most agencies, this would require someone being removed from their assigned post for a transport leaving the facility short staffed.
AGENCIES CONTACTED:
Department of Corrections and New Hampshire Association of Counties