hb 1413

CHAPTER 240

HB 1413 - FINAL VERSION

AN ACT relative to disclosure of information by hospitals, and relative to the regulation of dental restorative materials.

SPONSORS: Rep. Francoeur, Rock 22; Rep. Pilliod, Belk 3; Rep. Marshall Quandt, Rock 20; Rep. Sokol, Graf 10; Rep. Batchelder, Ches 2; Sen. Wheeler, Dist 21; Sen. O'Hearn, Dist 12; Sen. McCarley, Dist 6; Sen. Boyce, Dist 4

This bill clarifies the information hospitals must include in their annual report to the attorney general.

This bill also requires the department of environmental services to adopt rules for dental offices use of disposal equipment or methods for amalgam waste to trap and dispose of mercury.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to disclosure of information by hospitals, and relative to the regulation of dental restorative materials.

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

240:1 Disclosure of Information; Hospitals and Physician Hospital Organizations. Amend RSA 151:31 to read as follows:

151:31 Disclosure of Information; Hospitals and Physician Hospital Organizations.

I. Hospitals, as defined in RSA 151-C:2, shall make an annual report, beginning on November 1, 2000, to the attorney general including the following information:

(a) The hospital's financial relationships with physician hospital organizations.

(b) Number and type of providers employed by the hospital, and any affiliates, as defined in RSA 541-C:2, II, and contracting with or through physician hospital organizations.

(d) The number of primary care physicians and specialty care physicians, by specialty, that are employed by each hospital or affiliate.

(e) The number of primary care physicians and specialty care physicians, by specialty, that are members of the hospital's active medical staff.

(f) An organizational chart showing the corporate structure of the hospital and any affiliates including a description of the type of services provided by each entity.

(g) A list of physician practices that are owned by the hospital and its affiliates, or which contract with the hospital and any affiliates for the provision of professional services.

(h) A copy of the policy adopted by the hospital, and any affiliates, requiring physicians employed by such hospital to notify their patients when they are referring a patient for professional services to be provided by a physician employed by the same hospital or affiliate. The policy shall also expressly state that no physician employed by the hospital or any affiliate is required or in any way obligated to refer patients to physicians also employed or under contract with the hospital or any affiliate.

II. The attorney general may review contracts resulting from the relationships set forth under paragraph I.

III The attorney general may disclose all information required under this subdivision to the commissioner of the department of insurance, the commissioner of the department of health and human services, and any state or federal law enforcement agency.

IV. Subject to the provisions of paragraph V, the attorney general shall make an annual report disclosing all information required under this subdivision to the speaker of the house of representatives, the president of the senate, and the chairs of the respective committees of the house and senate that have jurisdiction on commerce and health issues.

[IV.] V. The annual report required under paragraph I shall be a public record pursuant to RSA 91-A:4. The attorney general may, at the request of a submitting party, deem information contained in the annual report or records submitted with the annual report, to be confidential, commercial or financial information which is exempt from public disclosure pursuant to RSA 91-A:5, IV.

VI. Notwithstanding paragraph I(b) of this section, nothing in this section shall require a hospital to furnish information with respect to another hospital that is also required to report under this section.

240:2 Environmental Services; Mercury Amalgam. RSA 485-A:4, XVIII is repealed and reenacted to read as follows:

XVIII. To establish rules for dental offices relative to the use of environmentally appropriate disposal equipment or methods for amalgam waste to trap and dispose of mercury.

II. The remainder of this act shall take effect 60 days after its passage.

(Effective Date: I. Section 2 of this act shall take effect January 1, 2003 at 12:01 a.m.

II. The remainder of this act shall take effect July 16, 2002)