Revision: Jan. 9, 2023, 9:59 a.m.
HB 299-FN - AS INTRODUCED
2023 SESSION
23-0494
04/10
HOUSE BILL 299-FN
AN ACT prohibiting discrimination in medical care.
SPONSORS: Rep. Belcher, Carr. 4; Rep. Seidel, Hills. 29
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill revises the prohibition against discrimination in medical treatment contained in the patient's bill of rights to prohibit denial of appropriate care or medical resources on the basis of race or skin tone, sexuality or sexual preference, sex, or any intersectional characteristic, or to prioritize any care or resource on the basis of alleged historical racial, sexuality or sexual preference, sex, or any intersectional group discrimination. The bill also creates a private cause of action for any person so aggrieved.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0494
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT prohibiting discrimination in medical care.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Patients' Bill of Rights; Discrimination in Medical Care. RSA 151:21, XVI is repealed and reenacted to read as follows:
XVI. The patient shall not be denied appropriate care on the basis of age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion, national origin, source of income, source of payment, or profession. The patient shall not be denied appropriate care, nor shall any medical resource be rationed, on the basis of race or skin tone, sexuality or sexual preference, sex, or any intersectional characteristic, or to prioritize any care or resource on the basis of alleged historical racial, sexuality or sexual preference, sex, or any intersectional group discrimination,
2 New Paragraph; Patients' Bill of Rights; Private Cause of Action for Discrimination in Medical Treatment. Amend RSA 151:21 by inserting after paragraph XVI the following new paragraph:
XVI-a. In addition to the protections afforded to a patient under paragraph XVI, there shall be a private cause of action, which may be filed in the superior court in the county in which the aggrieved party resides, against any provider, employer, health care entity, certification or licensing organization, college or university which discriminates, promulgates treatment protocols which discriminate, instructs professional persons to discriminate, or certifies or licenses any medical provider on the basis of affirming any act of discrimination in violation of paragraph XVI.
3 Effective Date. This act shall take effect 60 days after its passage.
23-0494
12/27/22
HB 299-FN- FISCAL NOTE
AS INTRODUCED
AN ACT prohibiting discrimination in medical care.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
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 creates a private cause of action against entities that deny medical care in violation of RSA 151:21, XVI. The Judicial Branch states that it is unable to determine how many, if any, additional civil actions will be filed as a result of a bill. The fiscal impact is therefore indeterminable.
It is assumed any fiscal impact, if any, would not occur until FY 2024.
AGENCIES CONTACTED: