HB 508 - AS AMENDED BY THE SENATE
HOUSE BILL 508
SPONSORS: Rep. Marsh, Carr. 8; Rep. Guthrie, Rock. 13; Rep. Edwards, Rock. 4; Rep. Kotowski, Merr. 24; Rep. Yokela, Rock. 33; Rep. Stapleton, Sull. 5; Rep. Warden, Hills. 15; Sen. Reagan, Dist 17; Sen. Gray, Dist 6
COMMITTEE: Health, Human Services and Elderly Affairs
This bill declares that primary care providers providing direct primary care pursuant to a primary care agreement are not subject to the insurance laws, provided that certain conditions are met.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/15/2019 1863s 19-0197
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
329:1-e Direct Primary Care.
I. In this section:
(a) "Direct primary care agreement" means a written agreement between a primary care provider and a patient, a patient's legal representative, or a patient's employer, which meets the requirements of paragraph II.
(b) "Primary care provider" means a health care provider licensed under RSA 329, RSA 326-B, or RSA 328-D, or a primary care group practice, who provides primary care services to patients.
(c) "Primary care services" mean medical services in family practice, general practice, internal medicine, pediatrics, obstetrics, or gynecology including the screening, assessment, diagnosis, and treatment of a patient conducted within the competency and training of the primary care provider for the purpose of promoting health or detecting and managing disease or injury.
II. Primary care services resulting from a primary care provider entering a direct primary care agreement is not insurance and the primary care provider shall not be subject to the requirements of RSA 415, RSA 420, or the jurisdiction of the commissioner when the following conditions are met:
(a) The agreement is in writing and signed by the primary care provider, or agent, and the individual patient or his or her legal representative.
(b) The agreement specifies the periodic fee required and any additional fees for services not covered by the periodic fee, and may allow the periodic fee and any additional fees to be paid by a third party.
(c) The agreement describes the health care services that are covered by the periodic fee.
(d) The agreement describes the duration of the agreement and any automatic renewal periods.
(e) The agreement allows either party to terminate the agreement in writing, without penalty or payment of a termination fee, at any time or after notice as specified in the agreement which shall not exceed 90 days.
(f) The agreement prominently states that the agreement is not health insurance and the primary care provider will not file any claims against the patient's health insurance policy or plan for reimbursement of any primary care services covered by the agreement.
(g) The agreement prominently states that the agreement is not workers' compensation insurance and does not replace an employer's obligations under RSA 281-A.
III. The direct primary care practice shall not decline to accept new direct primary care patients solely because of the patient's health status. A direct primary care practice may decline to accept a patient for cause, including, but not limited to:
(a) The practice has reached a maximum capacity;
(b) The patient has previously contracted for services for which they have not paid; or
(c) The patient’s medical condition is such that the provider is unable to provide the appropriate type of primary care services.
IV. If the direct primary care practice provides the patient with notice and opportunity to obtain care from another physician, the direct primary care practice may discontinue care for a patient for cause, including, but not limited to:
(a) The patient fails to pay the periodic fee.
(b) The patient has performed an act of fraud.
(c) The patient repeatedly fails to adhere to the recommended treatment plan.
(d) The patient is abusive and presents an emotional or physical danger to the staff or other patients of the direct practice.
(e) The primary care provider discontinues operation as a direct primary care practice.
V. A direct primary care agreement may authorize a primary care provider to serve as a patient's authorized representative and as a claimant's representative as defined in RSA 420-J:3 and participate in grievance procedures under RSA 420-J:5 and request external review under RSA 420-J:5-a, 420-J:5-b, and 420-J:5-c.
(d) A plan that provides direct primary care meeting the requirements of RSA 329:1-e.
IV. "Discount medical plan organization" means an entity that, in exchange for fees, dues, charges, or other consideration, provides access for discount medical plan members to providers of medical or ancillary services and the right to receive medical or ancillary services from those providers at a discount. "Discount medical plan organization" is the organization that contracts with providers, provider networks, or other discount medical plan organizations to offer access to medical or ancillary services at a discount and determines the charge to discount medical plan members. "Discount medical plan organization" does not include a provider that offers discounts to its own patients without any cost or fee of any kind to the patient. "Discount medical plan organization" shall not include providers of direct primary care meeting the requirements of RSA 329:1-e.
III. "Managed care" means any arrangement for the provision of physician services which is characterized by some measure of risk-sharing through capitated or other shared-risk compensation formulae, and which are characterized by the establishment and maintenance of a provider network available to subscribers or participants, and which provides incentives for subscribers or participants to use that network for covered services, and which ordinarily limit coverage or the extent of such coverage to physician services provided by that network. "Managed care" shall include any managed care products or services or similar products including but not limited to those governed by RSA 415, RSA 419, RSA 420, RSA 420-A, RSA 420-B, and RSA 420-C. "Managed care" shall not include direct primary care services which meet the requirements of RSA 329:1-e.
|Jan. 3, 2019||Introduced 01/03/2019 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 17|
|Jan. 23, 2019||Public Hearing: 01/23/2019 10:00 am LOB 205|
|Jan. 29, 2019||Executive Session: 01/29/2019 01:00 pm LOB 205|
|Feb. 14, 2019||Committee Report: Ought to Pass with Amendment # 2019-0130h for 02/14/2019 (Vote 20-0; CC) HC 11 P. 7|
|Committee Report: Ought to Pass with Amendment # 2019-0130h (Vote 20-0; CC)|
|Feb. 14, 2019||Amendment # 2019-0130h: AA VV 02/14/2019 HJ 5 P. 16|
|Feb. 14, 2019||Ought to Pass with Amendment 2019-0130h: MA VV 02/14/2019 HJ 5 P. 16|
|Feb. 14, 2019||Referred to Commerce and Consumer Affairs 02/14/2019 HJ 5 P. 16|
|March 5, 2019||==TIME CHANGE== Public Hearing: 03/05/2019 01:15 pm LOB 302|
|March 20, 2019||Full Committee Work Session: 03/20/2019 12:00 pm LOB 302|
|March 20, 2019||Executive Session: 03/20/2019 01:00 pm LOB 302|
|April 4, 2019||Committee Report: Ought to Pass with Amendment # 2019-1184h (NT) for 04/04/2019 (Vote 14-1; CC) HC 18 P. 2|
|Committee Report: Ought to Pass with Amendment # 2019-1184h (NT) (Vote 14-1; CC)|
|April 4, 2019||Amendment # 2019-1184h (NT): AA VV 04/04/2019|
|April 4, 2019||Ought to Pass with Amendment 2019-1184h (NT): MA VV 04/04/2019|
|April 11, 2019||Introduced 04/11/2019 and Referred to Health and Human Services; SJ 13|
|April 23, 2019||Hearing: 04/23/2019, Room 101, LOB, 02:00 pm; SC 19|
|May 15, 2019||Committee Report: Ought to Pass with Amendment # 2019-1863s, 05/15/2019; Vote 5-0; CC; SC 22|
|May 15, 2019||Committee Amendment # 2019-1863s, AA, VV; 05/15/2019; SJ 16|
|May 15, 2019||Ought to Pass with Amendment 2019-1863s, MA, VV; OT3rdg; 05/15/2019; SJ 16|
|Jan. 23, 2019||House||Hearing|
|Jan. 29, 2019||House||Exec Session|
|Feb. 14, 2019||House||Floor Vote|
|March 5, 2019||House||Hearing|
|March 20, 2019||House||Exec Session|
|April 4, 2019||House||Floor Vote|
|April 23, 2019||Senate||Hearing|
|May 15, 2019||Senate||Floor Vote|