SB 315-FN - AS INTRODUCED
SENATE BILL 315-FN
SPONSORS: Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Rep. Porter, Hills. 1
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
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.
SB 315-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ 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.
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.
Department of Health and Human Services, Department of Justice, and Judicial Branch
|Feb. 19, 2019||Senate||Hearing|
|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|
|Jan. 8, 2020||Committee Report: Referred to Interim Study, 01/08/2020; SC 47|
|Committee Report: Referred to Interim Study|
|Jan. 8, 2020||Refer to Interim Study, MA, VV; 01/08/2020; SJ 1|