Bill Details - SB315 (2019)

SB 315-FN - AS INTRODUCED

 

 

2019 SESSION

19-1065

08/04

 

SENATE BILL 315-FN

 

AN ACT relative to claims against the state.

 

SPONSORS: Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Rep. Porter, Hills. 1

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill increases the liability of the state of New Hampshire in certain cases regarding children in its custody or in need of its services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-1065

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to claims against the state.

 

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

 

1  Claims Arising from Services Provided to the Department of Health and Human Services.  Amend RSA 541-B:21 to read as follows:

541-B:21  Claims Arising From the Clinical Services Provided to the Department of Health and Human Services.

I.  Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity, providing clinical services in accordance with any contract entered into by the department of health and human services for the clinical operation and administration of the New Hampshire hospital pursuant to RSA 135-C:3 and RSA 135-C:4 or, at the discretion of the commissioner of the department of health and human services, any other public health or clinical services provided to the department.  This chapter shall apply to all claims against any nonprofit entity or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity, providing services to the department of health and human services which involve the provision of services required to be provided by the department by law, which are provided by the nonprofit entity to the department under contract, or in response to requests for proposals or other arrangements for the provision of services.  

II.  The limitations on awards provided in RSA 541-B:14 shall not be increased by the proceeds from any insurance policy procured by a nonprofit entity, or any employee of such entity, included under RSA 541-B:21, I.

III.  This section shall apply only to claims arising out of incidents occurring on or after July 1, 1988.

IV.  Notwithstanding RSA 541-B:14, the liability of the state of New Hampshire shall be increased to $1,000,000 for each case involving a child and allegations the state of New Hampshire has not fulfilled responsibilities under RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 169-E, and RSA 169-F.

2  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-1065

Revised 2/1/19

 

SB 315-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to claims against the state.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

The Judicial Branch was originally contacted on January 8, 2019 and again on January 24, 2019 for a fiscal note worksheet, which they have not provided as of February 1, 2019.

 

METHODOLOGY:

This bill increases the potential liability to the state arising out of claims regarding Department of Health and Human Services obligations to children and youth from $475,000 per claimant and $3,750,000 per any single incident to $1,000,000 for each applicable case.

 

The Department of Health and Human Services does not anticipate an increase in the number of cases as a result of this bill, but is unable to estimate the settlement amounts for future cases.  To the extent claims are settled for more than the previously allowed amounts, there will be an indeterminable increase in state expenditures.

 

The Department of Justice states the bill may result in an increased demand for legal representation, but notes the fiscal impact is indeterminable.

 

AGENCIES CONTACTED:

Department of Health and Human Services, Department of Justice, and Judicial Branch

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Judiciary; SJ 4
Feb. 19, 2019 Hearing: 02/19/2019, Room 100, SH, 09:45 am; SC 11
March 14, 2019 Committee Report: Rereferred to Committee, 03/14/2019; Vote 5-0; CC; SC 13
March 14, 2019 Rereferred to Committee, MA, VV; 03/14/2019; SJ 8

Action Dates

Date Body Type
Feb. 19, 2019 Senate Hearing

Bill Text Revisions

SB315 Revision: 5303 Date: Feb. 1, 2019, 4:30 p.m.