SB 138-FN - AS INTRODUCED
2015 SESSION
15-0718
04/06
SENATE BILL 138-FN
AN ACT relative to claims arising from clinical services provided to the department of corrections.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Rep. Welch, Rock 13; Rep. Pantelakos, Rock 25
COMMITTEE: Executive Departments and Administration
This bill amends the scope of claims arising from clinical services provided to the department of corrections within correctional facilities.
This bill is a request of the department of corrections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0718
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
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:
1 Defense and Indemnification of State Employees; Claims Arising From the Clinical Services Provided to the Department of Corrections. Amend RSA 99-D:9, I to read as follows:
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 or private entity, or any employee, trustee, or director of such nonprofit or private entity when acting in the scope of such person’s hired, elected, or appointed capacity and not in a wanton or reckless manner, arising out of clinical services [of psychiatrists, other medical doctors, or psychiatric/mental health nurse practitioners] provided within department of corrections facilities by psychiatrists or other medical providers, nurses, clinicians, or dental care providers provided in accordance with any contract limited to such services entered into by the department of corrections.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
15-0718
Revised 02/09/15
SB 138-FN FISCAL NOTE
AN ACT relative to claims arising from clinical services provided to the department of corrections.
FISCAL IMPACT:
The Department of Corrections and Department of Justice state this bill, as introduced, will have an indeterminable impact on state expenditures in FY 2016 and each year thereafter. There will be no impact on county and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Corrections states that this bill grants private entities providing clinical services within the Department the same defense and indemnification of rights provided to state officers and employees. The Department states this bill may lower the indirect cost rate charged to the Department by private clinical service providers by an indeterminable amount.
The Department of Justice estimates this bill will result in an additional three to five cases per year involving allegations of medical malpractice, negligence, wrongful death, personal injury, and similar actions. The Department estimates it would need to hire an assistant attorney general and a part-time paralegal I to absorb the additional costs. The Department states there may be additional unknown expenditures related to hiring experts and outside private counsel. The Department has identified the known estimated costs in the following table:
FY 2016 |
FY 2017 |
FY 2018 |
FY 2019 | |
Part-time Paralegal I (LG 16, step 1) |
$35,000 |
$32,000 |
$32,000 |
$32,000 |
Assistant Attorney General |
$102,000 |
$103,000 |
$105,000 |
$106,000 |
Total |
$137,000 |
$135,000 |
$137,000 |
$138,000 |
This bill does not contain an appropriation or authorization for new positions.