SB315 (2020) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

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.

Changed Version

Text to be added highlighted in green.

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.