Bill Text - HB118 (2019)

(New Title) relative to notifying a child's primary health care provider of a report of abuse or neglect.


Revision: Dec. 2, 2019, 11:51 a.m.

CHAPTER 45

HB 118 - FINAL VERSION

 

19Mar2019... 0556h

2019 SESSION

19-0031

05/10

 

HOUSE BILL 118

 

AN ACT relative to notifying a child's primary health care provider of a report of  abuse or neglect.

 

SPONSORS: Rep. Berrien, Rock. 18; Rep. Weber, Ches. 1; Rep. Fothergill, Coos 1; Sen. Carson, Dist 14

 

COMMITTEE: Children and Family Law

 

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AMENDED ANALYSIS

 

This bill directs the department of health and human services to develop a methodology for notifying the child's primary health care provider of a report of abuse and neglect, and clarifies immunity and confidentiality requirements in such cases.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Mar2019... 0556h 19-0031

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to notifying a child's primary health care provider of a report of  abuse or neglect.

 

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

 

45:1  Child Protection Act; Reporting Law; Immunity From Liability.  Amend RSA 169-C:31 to read as follows:

169-C:31  Immunity From Liability.  Anyone participating in good faith in the making of a report pursuant to this chapter or who provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed.  Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.

45:2  New Paragraph; Child Protection Act; Reporting Law; Duties of the Department; Notice to Child's Primary Health Care Provider.  Amend RSA 169-C:34 by inserting after paragraph VII the following new paragraph:

VIII.  The department shall develop a methodology to notify the child’s primary health care provider regarding the nature of the investigation in those cases in which the investigation has identified the primary health care provider.

45:3  New Subparagraph; Case Record Confidentiality; Primary Health Care Provider Access.  Amend RSA 170-G:8-a, II(b) by inserting after subparagraph (4) the following new subparagraph:

(5)  The child's primary health care provider.

45:4  Effective Date.  This act shall take effect January 1, 2020.

 

Approved: June 05, 2019

Effective Date: January 01, 2020

CHAPTER 45

HB 118 - FINAL VERSION

 

19Mar2019... 0556h

2019 SESSION

19-0031

05/10

 

HOUSE BILL 118

 

AN ACT relative to notifying a child's primary health care provider of a report of  abuse or neglect.

 

SPONSORS: Rep. Berrien, Rock. 18; Rep. Weber, Ches. 1; Rep. Fothergill, Coos 1; Sen. Carson, Dist 14

 

COMMITTEE: Children and Family Law

 

─────────────────────────────────────────────────────────────────

 

AMENDED ANALYSIS

 

This bill directs the department of health and human services to develop a methodology for notifying the child's primary health care provider of a report of abuse and neglect, and clarifies immunity and confidentiality requirements in such cases.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

19Mar2019... 0556h 19-0031

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to notifying a child's primary health care provider of a report of  abuse or neglect.

 

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

 

45:1  Child Protection Act; Reporting Law; Immunity From Liability.  Amend RSA 169-C:31 to read as follows:

169-C:31  Immunity From Liability.  Anyone participating in good faith in the making of a report pursuant to this chapter or who provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed.  Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.

45:2  New Paragraph; Child Protection Act; Reporting Law; Duties of the Department; Notice to Child's Primary Health Care Provider.  Amend RSA 169-C:34 by inserting after paragraph VII the following new paragraph:

VIII.  The department shall develop a methodology to notify the child’s primary health care provider regarding the nature of the investigation in those cases in which the investigation has identified the primary health care provider.

45:3  New Subparagraph; Case Record Confidentiality; Primary Health Care Provider Access.  Amend RSA 170-G:8-a, II(b) by inserting after subparagraph (4) the following new subparagraph:

(5)  The child's primary health care provider.

45:4  Effective Date.  This act shall take effect January 1, 2020.

 

Approved: June 05, 2019

Effective Date: January 01, 2020