HB 489-FN – AS AMENDED BY THE HOUSE
04Jan2006… 0200h
2005 SESSION
01/04
HOUSE BILL 489-FN
AN ACT relative to disclosing an ownership interest in certain health care facilities and businesses.
SPONSORS: Rep. Morrison, Belk 2; Rep. Wall, Straf 7; Rep. Mooney, Hills 19
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires a health care practitioner to report an ownership interest in certain health care facilities and businesses to their respective licensing boards instead of the department of health and human services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Jan2006… 0200h
05-0831
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to disclosing an ownership interest in certain health care facilities and businesses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Disclosure to Respective Boards; Ownership Interest. RSA 125:25-c is repealed and reenacted to read as follows:
125:25-c Disclosure to the Licensing Authority.
I. Notwithstanding any other section of the law, any health care practitioner who has an ownership interest in an entity which provides diagnostic or therapeutic services shall disclose such interest to the appropriate licensing authority regardless of whether any referrals are provided to the health care practitioner’s entity or any other entity. In the disclosure to the appropriate licensing authority, the health care practitioner shall list all diagnostic and therapeutic services provided by any entity in which the health care practitioner has an ownership interest. Disclosure of ownership, as well as the percentage of ownership interest in each entity or entities, shall be made upon application for and renewal of the health care practitioner’s license, on the application and renewal form.
II. An entity which provides diagnostic and therapeutic services shall include services provided by an entity within a hospital, but which is not owned by the hospital.
III. This section shall not apply to in-office ancillary services.
IV. Failure to report such ownership interest may result in the suspension of one’s professional license or registration. Any applicant who falsifies disclosure information shall be subject to perjury.
2 Repeal. RSA 125:15-a, VIII, relative to rulemaking for certain disclosures, is repealed.
3 Effective Date. This act shall take effect July 1, 2006.
LBAO
05-0831
Amended 1/10/06
HB 489 FISCAL NOTE
AN ACT relative to disclosing an ownership interest in certain health care facilities and businesses.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the House (Amendment #2006-0200h), will increase state expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Department states this bill would repeal the current law that requires health care practitioners who have an ownership interest in an entity which provides diagnostic or therapeutic services, or receives compensation or remuneration for referral of a patient to an entity which provides diagnostic or therapeutic services, to disclose such interest and the total number of referrals of those services to the Department. This bill would require health care practitioners to disclose such ownership interest to the appropriate licensing authority, rather than to the Department. Failure to report such ownership interest may result in the suspension of one’s professional license or registration. There are potential costs to the licensing boards associated with any suspension and possible appeal. However, the Department is unable to speculate on the number of any license suspensions or appeals associated with the duty to disclose, therefore, the fiscal impact is indeterminable.