HB381 (2021) Detail

Relative to laboratory testing.


HB 381-FN - AS INTRODUCED

 

 

2021 SESSION

21-0503

10/04

 

HOUSE BILL 381-FN

 

AN ACT relative to laboratory testing.

 

SPONSORS: Rep. Edwards, Rock. 4; Rep. Marsh, Carr. 8; Rep. Deshaies, Carr. 6

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0503

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

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.

VII.  A laboratory test ordered under this section, regardless of test complexity, as defined under the Clinical Laboratory Improvement Amendments of 1988, shall be conducted by a laboratory that routinely participates in proficiency testing for such offered test in a program approved by the Centers for Medicare and Medicaid Services.  This paragraph shall not be construed to mandate proficiency testing for a laboratory test if it is not available from any approved program.

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, 2022.

 

LBA

21-0503

12/29/20

 

HB 381-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to laboratory testing.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

METHODOLOGY:

This bill authorizes laboratory testing without a licensed medical practitioner's order and adds rulemaking authority for the Department of Health and Human Services for purposes of the bill.

 

The Department of Health and Human Services does not anticipated this bill would have a  fiscal impact on Medicaid claims.  The Department indicates it is unclear whether the number of licensed laboratories would increase in response to this legislation.  If the number of laboratories  increased there may be a need to increase staff for inspections.  Currently, laboratories are inspected annually for renewal and if complaints are received.  The bill requires administrative rulemaking.  The Department does not have information about how much additional staff time this would entail.  

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

Links

HB381 at GenCourtMobile
HB381 Discussion

Action Dates

Date Body Type
March 2, 2021 House Hearing

Bill Text Revisions

HB381 Revision: 31711 Date: Jan. 10, 2021, 9:07 a.m.

Docket


March 2, 2021: Public Hearing: 03/02/2021 10:45 am Members of the public may attend using the following links: 1. To join the webinar: https://www.zoom.us/j/99282187833 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Health, Human Services and Elderly Affairs HJ 2 P. 45