HB 1260-FN - AS INTRODUCED
2000 SESSION
HOUSE BILL 1260-FN
AN ACT relative to the cost of prescription medication.
SPONSORS: Rep. Andrews, Hills 34; Rep. Manning, Ches 9; Rep. Fields, Hills 18; Rep. N. Clark, Rock 17; Rep. Dyer, Hills 8; Sen. Johnson, Dist 3
This bill prohibits overcharging an uninsured person for the cost of prescription drugs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2094
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to the cost of prescription medication.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Price of Prescription Drugs. Amend RSA by inserting after chapter 358-Q the following new chapter:
CHAPTER 358-R
358-R:1 Price of Prescription Drugs.
I. No person shall charge an uninsured person more than the sum of the amount of money paid by the insured person plus the amount paid by the insurer for any prescription drug.
II. Any person who violates the provisions of this chapter shall be punished by a fine of up to $100 for each violation.
358-R:2 Enforcement. In addition to the penalty under RSA 358-R:1, II, any violation of the provisions of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy or power set forth in RSA 358-A may be used to enforce the provisions of this chapter.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2094
11/24/99
HB 1260-FN - FISCAL NOTE
AN ACT relative to the cost of prescription medication.
FISCAL IMPACT:
The Administrative Office of the Courts (AOC), Judicial Council, and Department of Corrections have determined this bill may increase state expenditures by an indeterminable amount in FY 2001 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The AOC stated this bill creates a new violation. The AOC has determined this legislation will have little, if any, fiscal impact on the Branch as it will not significantly impact caseload.
The Judicial Council assumed for the purpose of this response, only the criminal charge is being considered. However, since it is the underlying factor which results in the misdemeanor charge, the Council expects that the court would have to permit the appointment of counsel to cover the violation. The Council assumes the violation/misdemeanor model will result in appointment of counsel. The standard assumption for appointment of Public Defender or contract attorneys who accept these cases on a fixed fee basis of $250 for each misdemeanor charge. If an assigned counsel must be used, the hourly rate of $60, with a fee cap of $1,000 for misdemeanor cases will apply. If a motion to exceed the fee cap is approved and/or "services other than counsel" are approved, these will also be chargeable to the Indigent Defense Fund. The Council is unable to predict the number of cases or trials which may arise as a result of the passage of this legislation, therefor they are unable to estimate the dollar amount of the anticipated costs of such representation.
The Department of Corrections is unable to predict how many, if any, individuals would be incarcerated as a result of this legislation. The average cost of incarceration for FY 1999 was $19,358 per inmate. The average cost of probation/parole supervision was $842 per inmate.
The Department of Justice stated this bill will have no fiscal impact on the Department.