HB592 (2021) Detail

Requiring bond from pharmaceutical companies providing vaccines.


HB 592-FN - AS INTRODUCED

 

 

2021 SESSION

21-0806

10/08

 

HOUSE BILL 592-FN

 

AN ACT requiring bond from pharmaceutical companies providing vaccines.

 

SPONSORS: Rep. Greeson, Graf. 16

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill establishes a requirement for pharmaceutical companies providing vaccines for administration in the state to post a bond for the reimbursement or payment of the costs related to illness and death due to the vaccine.  The disbursements shall be made by the commissioner of the department of health and human services pursuant to a claim filed by a physician on behalf of a victim.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0806

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT requiring bond from pharmaceutical companies providing vaccines.

 

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

 

1  New Section; Communicable Diseases; Pharmaceutical Companies; Bond Required; Claims.  Amend RSA 141-C by inserting after section 28 the following new section:

141-C:29  Pharmaceutical Companies; Bond Required; Claims.

I.  Each pharmaceutical company that seeks to have its vaccines, including a COVID-19 vaccine, administered in the state of New Hampshire shall post a bond against potential injuries suffered by people receiving the vaccines, to be held by the state treasurer, in the amount of $1,000,000,000, which shall be administered and disbursed by the commissioner of the department of health and human services.  

II.  Awards against the bond will be in lieu of civil action and shall be disbursed only upon claims filed with the commissioner of the department if health and human services by physicians on behalf of patients suffering injury.

III.  The bond proceeds shall only be for the benefit of:

(a)  Any person who becomes ill within 14 days of receiving a vaccine and is not able to attend employment because of the illness shall, upon filing with the commissioner, be awarded compensation equivalent to twice the person's normal hourly wage or equivalent up to $50 per hour for each day of employment missed, for up to 8 hours per day.

(b)  Any person hospitalized within 14 days of vaccination who has insurance shall, upon filing with the commissioner, have their co-payments, deductible, and any other out-of-pocket expenses reimbursed, plus any lost wages at the same rate as described in subparagraph (a).

(c)  Any person hospitalized within 14 days of vaccination without insurance coverage shall, upon filing with the commissioner, have all medical expenses paid, plus any lost wages as described in subparagraph (a).

(d)  Any person suffering a fatal result or reaction within 14 days of vaccination shall have their designated next-of-kin, representative, or beneficiary, upon filing with the commissioner, receive $1,000,000.  If the victim was a resident of a nursing home, any outstanding financial obligations to the facility shall be covered by the bond, plus all funeral expenses up to $10,000.    

IV.  Claims shall be filed by a physician immediately upon diagnosis of illness and determination that the illness is directly linked to the vaccine.  Claims shall be filed with the commissioner of the department of health and human service and paid to the victim or representative within 15 days.

V.  On the first day of each subsequent calendar year after posting the initial bond, each pharmaceutical company shall maintain the available bonded amount against any claims paid in the previous year in order to maintain a $1,000,000,000 bond amount from the start of each calendar year.  Bond proceeds shall not be disbursed for any other purpose than vaccine administration injuries.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

21-0806

Revised 2/12/21

 

HB 592-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring bond from pharmaceutical companies providing vaccines.

 

FISCAL IMPACT:      [ X ] State              [ X ] 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

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

The proposed legislation would amend RSA 141-C, the State Communicable Disease statute, to require any pharmaceutical company seeking to have its vaccines, including a COVID-19 vaccine, administered in the State of New Hampshire to post a bond in the amount of $1 billion against potential injury or death by individuals receiving the vaccine.  The bond proceeds would be in lieu of civil action and would only be for the benefit of persons who become ill, and/or who are hospitalized, and/or who die within 14 days of being vaccinated.  

 

Any claims against the bond would be filed with the Commissioner of the Department of Health and Human Services (DHHS) by physicians on behalf of patients who suffer illness or death as a result of being vaccinated.  The Commissioner would be responsible for awarding compensation in accordance with the monetary amounts and timeframes set forth in the proposed legislation.  If a person who suffers a fatal reaction as a result of being vaccinated had been residing in a nursing home, any outstanding obligations to the facility would be covered by the bond, plus funeral expenses up to $10,000.  Hence, the proposed legislation could affect the revenues of county nursing homes.  

 

DHHS states the proposed legislation may have a fiscal impact due to the administrative burden of processing claims and disbursing awards against the bond.  The fiscal impact is indeterminable, as it will depend upon the number of claims filed.

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

Links

HB592 at GenCourtMobile
HB592 Discussion

Action Dates

Date Body Type
Feb. 3, 2021 House Hearing
March 2, 2021 House Exec Session
March 3, 2021 House Exec Session

Bill Text Revisions

HB592 Revision: 31951 Date: Feb. 17, 2021, 8:34 a.m.

Docket


Sept. 21, 2021: Subcommittee Work Session: 09/21/2021 02:30 pm LOB 302-304


: Retained in Committee


March 3, 2021: Executive Session: 03/03/2021 01:30 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98917516497 (if necessary)


March 2, 2021: Executive Session: 03/02/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95215897452


Feb. 3, 2021: Public Hearing: 02/03/2021 02:45 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91813981191 / 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 Commerce and Consumer Affairs HJ 2 P. 55