HB 1409-FN-A-LOCAL - AS AMENDED BY THE HOUSE

6mar02...2734h

2001 SESSION

01-2379

09/01

HOUSE BILL 1409-FN-A-LOCAL

AN ACT relative to payment of autopsy expenses.

SPONSORS: Rep. Pilliod, Belk 3; Rep. Hager, Merr 18; Rep. Cox, Rock 24; Rep. Millham, Belk 4; Rep. Drisko, Hills 22; Sen. Wheeler, Dist 21

COMMITTEE: Finance

ANALYSIS

This bill changes the procedures for payment of autopsy expenses by the state and by counties.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6mar02...2734h

01-2379

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to payment of autopsy expenses.

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

1 Autopsy Expenses. RSA 611:17 is repealed and reenacted to read as follows:

611:17 Autopsy Expenses. Autopsy expenses shall be morgue costs, microscopic processes, toxicology, transport, and x-ray costs. All claims for autopsy expenses shall be submitted to the office of the chief medical examiner, which shall authorize such claims and submit them for payment as follows:

I. For autopsies ordered by the county attorney, such claims shall be approved by the county attorney and submitted for payment to the county treasurer.

II. For autopsies ordered by the attorney general or the chief medical examiner, such claims shall be submitted for payment to the state treasurer, chargeable to the account of the chief medical examiner's office.

III. For autopsies made at the request of the commissioner of the department of health and human services and conducted in the presence of the medical examiner or designee, such claims shall be submitted for payment to the department of health and human services.

2 Repeal. The following are repealed:

I. RSA 611:7-a, relative to payment of autopsy costs by the department of health and human services.

II. RSA 611-A:9, relative to county liability for expenses of autopsies.

3 Effective Date. This act shall take effect July 1, 2003.

LBAO

01-2379

Amended 4/1/02

HB 1409 FISCAL NOTE

AN ACT relative to payment of autopsy expenses.

FISCAL IMPACT:

The Department of Justice has determined this bill, as amended by the House, (House Amendment #2002-2734h) will increase state general fund expenditures by $213,305 in FY 2004, $223,971 in FY 2005 and $235,169 in FY 2006. The fiscal impact on county expenditures cannot be determined. There will be no fiscal impact on local expenditures or state, county and local revenues.

METHODOLOGY:

The Department stated that since 1999, RSA 611-A:9 has required the county wherein the death occurred to pay to the state treasurer a fee of $500 for each autopsy. In 1996, RSA 611:17 was amended "to allow the county attorney to refuse to pay for autopsies that he has not requested." No funding source was identified to cover this shift in expenses from the counties to the state. The Department used RSA 7:12 to request and receive $12,500 in FY 2001 and $105,000 in FY 2002 from the general fund to address the shortfall in the autopsy account caused by the refusal of some counties to request or pay for autopsies. The Department estimates a shortfall of $203,148 in FY 2003. Some counties are paying the $500 for all autopsies, some counties pay the fee some of the time, and a few counties are close to declining to pay for any autopsies. In addition, the cost of an autopsy has risen to $684 so that the $500 fee, when paid, does not cover all the costs. The Department has assumed the average cost of an autopsy to be $684 as shown below:

Transportation, X-ray, and Other Lab Costs $200

Morgue Costs 244

Toxicology Costs 240

Total $684

The Department further assumed an average of 330 autopsies per year, and that 90% of these 330 autopsies will be paid for by the State. Additionally, a 5% inflation rate and an effective date of July 1, 2003 were assumed.