HB287: (New Title) establishing a professional malpractice claims study commission and establishing a commission to identify medical errors and their causes.

CHAPTER 255

HB 287 - FINAL VERSION

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2003 SESSION

03-0515

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HOUSE BILL 287

AN ACT establishing a professional malpractice claims study commission and establishing a commission to identify medical errors and their causes.

SPONSORS: Rep. Mock, Carr 4; Rep. Craig, Hills 50; Rep. MacKay, Merr 39; Rep. Batula, Hills 58; Rep. Francoeur, Rock 85

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes a commission to study professional malpractice claims.

This bill also establishes a commission to identify medical errors and their causes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0515h

05/15/03 1561s

05/15/03 1651s

24jun03... 2054CofC

30jun03... 2280eba

03-0515

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a professional malpractice claims study commission and establishing a commission to identify medical errors and their causes.

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

255:1 Commission Established. There is established a commission to study professional malpractice claims under RSA 519-A.

255:2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) One member of the senate, appointed by the president of the senate.

(c) Two dentists, appointed by the New Hampshire Dental Society.

(d) Two physicians, appointed by the New Hampshire Medical Society.

(e) Two attorneys, appointed by the New Hampshire Trial Lawyers Association.

(f) Two members of the public, appointed by the governor.

(g) One representative of the Medical Liability Insurance Carriers, appointed by the insurance commissioner.

(h) One representative of the Joint Underwriters Association, appointed by the insurance commissioner.

(i) Two representatives of the New Hampshire Hospital Association, appointed by such association.

(j) One superior court clerk, appointed by the chief justice of the superior court.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

255:3 Duties. The commission shall study professional malpractice claims under RSA 519-A. The commission's study shall include an examination of the panel established pursuant to RSA 519-A and determine how this panel can become a tool to be utilized in keeping the cost of liability insurance down.

255:4 Chairperson; Quorum. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Nine members of the commission shall constitute a quorum.

255:5 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2003.

255:6 Commission Established. There is established a commission to identify medical errors and their causes.

255:7 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, at least one of whom shall be from the house health, human services and elderly affairs committee, appointed by the speaker of the house.

(b) One member of the senate, appointed by the president of the senate.

(c) Two representatives of hospitals, appointed by the New Hampshire Hospital Association.

(d) Two pharmacists, appointed by the New Hampshire board of pharmacy.

(e) Two physicians, appointed by the New Hampshire Medical Society.

(f) Two nurses, appointed by the New Hampshire Nurses Association.

(g) Two attorneys, appointed by the New Hampshire Bar Association, one of whom shall be a member of the New Hampshire Trial Lawyers Association.

(h) The commissioner of the department of insurance, or designee.

(i) Three public members, appointed by the governor.

(j) Two members of the New Hampshire Association for Healthcare Quality, appointed by such association.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

255:8 Duties. The commission shall identify medical errors and their causes and shall determine methods relative to fixing such causes.

255:9 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member.

The first meeting of the commission shall be held within 45 days of the effective date of this section. Ten members of the commission shall constitute a quorum.

255:10 Report. The commission shall make an interim report on or before January 3, 2004 and a final report on or before December 31, 2005 together with its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library.

255:11 Effective Date. This act shall take effect upon its passage.

(Approved: July 14, 2003)

(Effective Date: July 14, 2003)