HB349 (2019) Detail

Relative to a second opinion on health care matters for state and county prisoners.


HB 349 - FINAL VERSION

 

05/30/2019   2328s

2019 SESSION

19-0693

04/01

 

HOUSE BILL 349

 

AN ACT relative to a second opinion on health care matters for state and county prisoners.

 

SPONSORS: Rep. Amanda Bouldin, Hills. 12; Rep. Berch, Ches. 1; Rep. Butler, Carr. 7; Rep. J. Schmidt, Hills. 28; Rep. Almy, Graf. 13; Rep. K. Murray, Rock. 24; Rep. Riel, Hills. 6; Sen. Reagan, Dist 17; Sen. Hennessey, Dist 5; Sen. Watters, Dist 4

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill permits state and county prisoners to have a second medical 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/30/2019   2328s 19-0693

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to a second opinion on health care matters for state and county prisoners.

 

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

 

1  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 consult 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 correctional facility may charge an administrative fee of no more than $35 to process the prisoner’s second medical consult.  The prisoner may request a specific health care provider only if the second medical consult 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 to cover the $35 fee and the cost of the second medical consult.  Expenses for the second medical consult shall be billed directly to the prisoner or to the responsible party designated by the prisoner.  If the primary care provider and the secondary care provider present conflicting medical opinions, the county correctional facility’s health care provider shall make the final determination regarding the medical treatment for the prisoner.

2  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 consult 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 a second medical consult 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.  If the primary care provider and the secondary care provider present conflicting medical opinions, the department of corrections' chief medical officer or designated health care provider shall make the final determination regarding the medical treatment for the prisoner.  

3  Effective Date.  This act shall take effect 60 days after its passage.

 

VETOED July 12, 2019

Veto Sustained September 18, 2019

Links

HB349 at GenCourtMobile
HB349 Discussion

Action Dates

Date Body Type
Jan. 9, 2019 House Hearing
Jan. 17, 2019 House Exec Session
House Floor Vote
Jan. 31, 2019 House Floor Vote
April 11, 2019 Senate Hearing
May 30, 2019 Senate Floor Vote

Bill Text Revisions

HB349 Revision: 6663 Date: Dec. 2, 2019, 10:57 a.m.
HB349 Revision: 6350 Date: June 14, 2019, 9:19 a.m.
HB349 Revision: 6135 Date: May 30, 2019, 6:20 p.m.
HB349 Revision: 4564 Date: Dec. 31, 2018, 12:54 p.m.

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Criminal Justice and Public Safety HJ 2 P. 46
Jan. 9, 2019 Public Hearing: 01/09/2019 10:00 am LOB204
Jan. 17, 2019 Executive Session: 01/17/2019 11:00 am LOB 204
Majority Committee Report: Ought to Pass (Vote 15-5; RC)
Jan. 31, 2019 Majority Committee Report: Ought to Pass for 01/31/2019 (Vote 15-5; RC) HC 9 P. 6
Minority Committee Report: Inexpedient to Legislate
Jan. 31, 2019 Ought to Pass: MA RC 226-145 01/31/2019 HJ 4 P. 10
March 7, 2019 Introduced 03/07/2019 and Referred to Judiciary; SJ 8
April 11, 2019 Hearing: 04/11/2019, Room 103, SH, 03:10 pm; the committee will meet at 1:00 p.m. or 30 minutes following the end of session; SC 17A
May 30, 2019 Committee Report: Ought to Pass with Amendment # 2019-2328s, 05/30/2019; SC 24A
May 30, 2019 Committee Amendment # 2019-2328s, AA, VV; 05/30/2019; SJ 18
May 30, 2019 Ought to Pass with Amendment 2019-2328s, MA, VV; OT3rdg; 05/30/2019; SJ 18
June 13, 2019 House Concurs with Senate Amendment 2328s (Rep. Cushing): MA VV 06/13/2019 HJ 19 P. 2
June 27, 2019 Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019 Enrolled 06/27/2019 HJ 20 P. 53
July 12, 2019 Vetoed by Governor Sununu 07/12/2019
Sept. 18, 2019 Veto Sustained 09/18/2019: RC 229-155 Lacking Necessary Two-Thirds Vote HJ 21 P. 24