HB 647-FN-LOCAL - AS INTRODUCED
2003 SESSION
09/10
HOUSE BILL 647-FN-LOCAL
AN ACT relative to payment of autopsy expenses.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0809
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
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 RSA 611:17 is repealed and reenacted to read as follows: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 The following are repealed: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
03-0809
1/27/03
HB 647-FN-LOCAL - FISCAL NOTE
AN ACT relative to payment of autopsy expenses.
FISCAL IMPACT:
The Department of Justice has determined this bill will increase state general fund expenditures by $250,240 in FY 2004, $275,890 in FY 2005, $304,341 in FY 2006 and $335,852 in FY 2007. The Association of Counties has determined this bill will decrease county expenditures by $57,440 in FY 2004 and each year thereafter. There will be no fiscal impact on local expenditures or state, county and local revenues.
METHODOLOGY:
The Department of Justice stated that under current law, the counties are refusing to pay for 40% of the autopsies. The Department pays for refused autopsies through requests under RSA 7:12 to the Fiscal Committee and the Governor and Council. The Department received $12,500 in FY 2001 and $105,000 in FY 2002 from the general fund to address the shortfall in the autopsy account. The Department stated that since RSA 611:17 was amended in 1996, the counties have steadily increased the number of times in which they refuse to pay for the autopsies. The Department assumes that under this legislation the counties rate of refusal will increase to 80%. The Department further assumed that the number of autopsies, currently 400, the costs and the refusals would increase by 5% per year. The Department estimates a shortfall of $250,240 in FY 2004. The Department estimates the fiscal impact as follows; 400 total autopsies, a county refusal rate of 80% and an average cost of $782. The Department has assumed the average cost of an autopsy to be $782 as shown below:
Transportation $100
X-ray, and Other Lab Costs 50
Morgue Costs 250
Toxicology Costs 382
Total $782
LBAO
03-0809
1/27/03
Page 2
The Association of Counties stated the current practice for payment of autopsies is for the county to pay $500 per autopsy for a death that takes place in the county, provided the county attorney authorizes payment. This bill would alter this, and require the county to pay for only autopsies ordered by the county attorney. The Association estimated that approximately 240 autopsies per year are currently paid for by the counties, for an estimated total expenditure of $120,000. It is expected that under this bill, counties would pay a higher actual cost per autopsy of $782, but for only 80 per year, or $62,560.