CHAPTER 301
HB 1571-FN - FINAL VERSION
24feb00.....3506h
5/18/00.....4493s
31may00.....4659-CofC
2000 SESSION
03/09
HOUSE BILL 1571-FN
This bill adds clinical services of psychiatrists or other medical doctors provided in accordance with any contract limited to such services entered into by the department of corrections for the secure psychiatric unit to the laws governing defense and indemnification of state officers and employees and claims against the state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24feb00.....3506h
5/18/00.....4493s
31may00.....4659-CofC
00-2580
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to claims arising from clinical services provided to the department of corrections.
Be it Enacted by the Senate and House of Representatives in General Court convened:
301:1 New Section; Defense and Indemnification of State Officers and Employees; Claims Arising from the Clinical Services Provided to the Department of Corrections. Amend RSA 99-D by inserting after section 8 the following new section:
99-D:9 Claims Arising from the Clinical Services Provided to the Department of Corrections.
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 and not in a wanton or reckless manner, arising out of clinical services of psychiatrists or other medical doctors provided in accordance with any contract limited to such services entered into by the department of corrections.
II. This section shall apply only to claims or civil actions arising out of incidents occurring after the effective date of this section.
III. All claims arising under this section shall be reviewed by the legislative oversight committee established under RSA 541-B:23.
301:2 New Section; Proceedings in Special Cases; Claims Against the State; Claims Arising from the Clinical Services Provided to the Department of Corrections. Amend RSA 541-B by inserting after section 21 the following new section:
541-B:21-a Claims Arising from the Clinical Services Provided to the Department of Corrections.
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 of psychiatrists or other medical doctors in accordance with any contract limited to such services entered into by the department of corrections.
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-a, I.
III. This section shall apply only to claims arising out of incidents occurring after the effective date of this section.
301:3 Proceedings in Special Cases; Claims Against the State; Oversight Committee; Secure Psychiatric Unit Added. Amend RSA 541-B:23 to read as follows:
541-B:23 Oversight Committee for Claims Arising From the Clinical Operation and Administration of the New Hampshire Hospital and Clinical Services Provided to the Department of Corrections.
I. There is hereby established a legislative oversight committee to review claims arising under RSA 541-B:21, RSA 541-B:21-a, [and] RSA 99-D:8, IV, and RSA 99-D:9, III. The committee members shall be as follows:
(a) Two members of the house of representatives, appointed by the speaker of the house.
(b) Two members of the senate, appointed by the senate president.
II. The first-named house member of the committee shall be chairperson.
III. The committee shall report its findings to the general court 6 months prior to the awarding of any contract described in RSA 541-B:21, I or RSA 541-B:21-a, I.
IV. The members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
301:4 Effective Date. This act shall take effect upon its passage.
(Approved: June 21, 2000)
(Effective Date: June 21, 2000)
LBAO
00-2580
Revised 12/28/99
HB 1571 FISCAL NOTE
AN ACT relative to claims arising from clinical services provided to the department of corrections
FISCAL IMPACT:
The Department of Administrative Services has stated this bill may have an indeterminable impact on state expenditures in FY 2000 and each year thereafter. There will be no fiscal impact on county and local expenditures or on state, county and local revenues.
METHODOLOGY:
The Department indicated the fiscal impact of this bill cannot be determined given the inability to predict future litigation defense efforts the state may have to undertake should claims be brought against clinical service providers contracted by the Department of Corrections. This bill will increase the potential fiscal liability of the State of New Hampshire.