HB 1275-FN - AS INTRODUCED
2020 SESSION
20-2007
01/10
HOUSE BILL 1275-FN
AN ACT relative to laboratory testing.
SPONSORS: Rep. Edwards, Rock. 4
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill authorizes laboratory testing without a licensed medical practitioner's order. The bill adds rulemaking authority for the purposes of the bill.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2007
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to laboratory testing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Health Facility Licensure; Laboratory Testing Without a Licensed Medical Practitioner's Order. Amend RSA 151 by inserting after section 12-b the following new section:
151:12-c Laboratory Testing Without a Licensed Medical Practitioner’s Order.
I. In this section, “licensed medical practitioner” means a physician licensed under RSA 329, an advanced practice registered nurse licensed under RSA 326-B:18, or a physician assistant licensed under RSA 328-D.
II. A person may obtain any laboratory test from a clinical laboratory licensed pursuant to RSA 151:2, I(c) on a direct access basis without a request or authorization from a licensed medical practitioner if the laboratory offers that test to the public on a direct access basis.
III. If a laboratory test of a person is conducted by or under the supervision of a person other than a licensed medical practitioner, and not at the request or authorization of a licensed medical practitioner, any report of the test results shall be provided by the person conducting the test to the person who was the subject of the test. The report shall state in bold type that it is the responsibility of the person who was tested to arrange with a licensed medical practitioner for consultation and interpretation of the test results.
IV. A licensed medical practitioner's duty of care to a patient shall not include the responsibility to review or act on the laboratory test results of a patient if the licensed medical practitioner did not request or authorize the laboratory test. A licensed medical practitioner shall not be subject to liability or disciplinary actions for the failure to review or act on the results of a laboratory test of any patient if the licensed medical practitioner did not request or authorize the laboratory test.
V. A clinical laboratory shall not submit a claim for reimbursement from a third-party payor for any laboratory test conducted without a licensed medical practitioner's request or written authorization.
VI. This section shall not require that a laboratory test done on a direct access basis be covered by a health insurance plan authorized under RSA 415, a health maintenance organization authorized under RSA 420-B, or the medical assistance program operated pursuant to RSA 126-A:3, III.
2 New Subparagraph; Health Facility Licensure; Rulemaking Added. Amend RSA 151:9, I by inserting after subparagraph (o) the following new subparagraph:
(p) Procedures for laboratories performing testing under RSA 151:12-c.
3 Effective Date. This act shall take effect January 1, 2021.
20-2007
11/12/19
HB 1275-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to laboratory testing.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Insurance Premium Tax (RSA 400-A:32) | |||
METHODOLOGY:
This bill allows persons to obtain laboratory tests from licensed clinical laboratories directly, without a request or authorization from a licensed medical practitioner if such lab offers that test to the public on a direct access basis. Clinical laboratories will be prohibited from submitting a claim for reimbursement from a third-party payor for any lab test conducted without a licensed medical practitioner's request or written authorization. Tests done on a direct access basis will not be required to be covered by a health insurance plan, a HMO or the state medical assistance program pursuant to RSA 126-A:3.
The Department of Health and Human Services indicates there should be no fiscal impact on Medicaid claims because third party claims for reimbursement are prohibited and coverage is not required under the state medical assistance program. If the number of labs were to increase as a result of this legislation there may be a need to add additional staff for inspection purposes. Labs are currently inspected annually for renewal and if any complaints are filed.
The Insurance Department states although there is no requirement for coverage for lab services done on a direct access basis as specified in the bill, if a greater number of lab services results in higher commercial claims cost, there may be increased upward pressure on premiums. Otherwise the Department assumes that this does not impact insurance costs or premiums.
The Office of Professional Licensure and Certification indicates there is no fiscal impact.
AGENCIES CONTACTED:
Department of Health and Human Services, Insurance Department, and Office of Professional Licensure and Certification
| Date | Body | Type |
|---|---|---|
| Jan. 22, 2020 | House | Hearing |
| Feb. 18, 2020 | House | Exec Session |
| House | Floor Vote | |
| March 11, 2020 | House | Floor Vote |
March 12, 2020: Inexpedient to Legislate: MA RC 189-123 03/12/2020 HJ 8 P. 108
: Minority Committee Report: Ought to Pass with Amendment # 2020-0161h
: Majority Committee Report: Inexpedient to Legislate (Vote 16-4; RC)
March 11, 2020: Majority Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 16-4; RC) HC 10 P. 57
Feb. 18, 2020: Executive Session: 02/18/2020 01:00 pm LOB 205
Feb. 12, 2020: Subcommittee Work Session: 02/12/2020 10:00 am LOB 205
Jan. 22, 2020: Public Hearing: 01/22/2020 01:30 pm LOB 205
Jan. 8, 2020: Introduced 01/08/2020 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 16