SB382: relative to medical service rates for state prisoners.

CHAPTER 218

SB 382-FN-LOCAL – FINAL VERSION

5May2004… 1200h

05/25/04 1589cofc

2004 SESSION

04-3094

04/01

SENATE BILL 382-FN-LOCAL

AN ACT relative to medical service rates for state prisoners.

SPONSORS: Sen. Clegg, Dist 14; Sen. Flanders, Dist 7; Sen. Boyce, Dist 4; Sen. Johnson, Dist 2; Sen. O’Hearn, Dist 12; Rep. Kurk, Hills 48; Rep. Weyler, Rock 79; Rep. Rogers Johnson, Rock 83

COMMITTEE: Public Institutions, Health and Human Services

AMENDED ANALYSIS

This bill limits the amount a hospital or emergency room can charge the department of corrections for medical services provided to a state prisoner to 110 percent of the medicare allowable rate for such services.

The bill also allows the parole board, in conjunction with the commissioner of the department of corrections and the administrative director of forensic and medical services, to grant certain inmates medical parole.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5May2004… 1200h

05/25/04 1589cofc

04-3094

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to medical service rates for state prisoners.

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

218:1 New Chapter; Medical Services for Prisoners. Amend RSA by inserting after chapter 623-B the following new chapter:

CHAPTER 623-C

MEDICAL SERVICES FOR PRISONERS

623-C:1 Medical Services for County Prisoners.

I.(a) Except as provided in subparagraphs (b) through (f), no hospital or emergency room shall charge a county or its agent more than 110 percent of the medicare allowable rate for inpatient or emergency room care provided for prisoners in county correctional facilities.

(b) Allowances provided by hospitals shall qualify as community benefits under RSA 7:32-d, III(b).

(c) Hospitals reported by the department of health and human services as having a negative operating margin in the most recent year for which hospital-audited financial data is available shall charge no more than 125 percent of the medicare rate.

(d) The superintendent of a county correctional facility may waive the application of subparagraph (a) if the superintendent determines such action is necessary to ensure prisoner access to medically necessary care.

(e) The superintendent of a county correctional facility may waive the application of subparagraph (a) if the superintendent determines such action to be necessary for the efficient operations of the county correctional facility.

(f) Nothing in this paragraph shall require a hospital to admit any person.

II. Pharmacists shall substitute generically equivalent drug products for all legend and non-legend prescriptions paid for by the county department of corrections, including the medicaid program, unless the prescribing practitioner specifies that the brand name drug product is medically necessary. Such notification shall be in the practitioner’s own handwriting and shall be retained in the pharmacist’s file. The superintendent may waive the application of RSA 623-C:1, I if the superintendent determines such action is necessary to ensure the availability of prescription and other pharmaceutical services to persons served by the county or to avert serious economic hardship in the provision of prescriptions and other pharmaceutical services. The county commissioners shall adopt necessary rules and regulations to implement this paragraph.

623-C:2 Medical Services for State Prisoners.

I.(a) Except as provided in subparagraphs (b) through (f), no hospital or emergency room shall charge the department of corrections or its agent more than 110 percent of the medicare allowable rate for inpatient or emergency room care provided for prisoners in state correctional facilities.

(b) Allowances provided by hospitals shall qualify as community benefits under RSA 7:32-d, III(b).

(c) Hospitals reported by the department of health and human services as having a negative operating margin in the most recent year for which hospital-audited financial data is available shall charge no more than 125 percent of the medicare rate.

(d) The commissioner of the department of corrections may waive the application of subparagraph (a) if the commissioner determines such action is necessary to ensure prisoner access to medically necessary care.

(e) The commissioner of the department of corrections may waive the application of subparagraph (a) if the commissioner determines such action to be necessary for the efficient operations of the state correctional facility.

(f) Nothing in this paragraph shall require a hospital to admit any person.

II. The commissioner of the department of corrections shall have the discretion to negotiate and execute medical service rate agreements with hospitals or emergency rooms for the provision of medical services to state prisoners at the lowest rate possible.

III. Pharmacists shall substitute generically equivalent drug products for all legend and non-legend prescriptions paid for by the department of corrections, including the medicaid program, unless the prescribing practitioner specifies that the brand name drug product is medically necessary. Such notification shall be in the practitioner’s own handwriting and shall be retained in the pharmacist’s file. The commissioner of the department of corrections may waive the application of RSA 623-C:2, I if the commissioner determines such action is necessary to ensure the availability of prescription and other pharmaceutical services to persons served by the state or to avert serious economic hardship in the provision of prescriptions and other pharmaceutical services.

218:2 Repeal. RSA 623:1, III-IV, relative to allowable rates for medical services provided to county prisoners and prescription drugs provided to county prisoners, are repealed.

218:3 New Section; Parole of Inmates; Medical Parole. Amend RSA 651-A by inserting after section 10 the following new section:

651-A:10-a Medical Parole.

I. Upon the recommendation of the commissioner of the department of corrections and the administrative director of forensic and medical services, after review of the information provided by a physician licensed pursuant to RSA 329, the parole board may grant medical parole to an inmate residing in a state correctional facility, regardless of the time remaining on his or her sentence, provided all of the following conditions apply:

(a) The inmate has a terminal, debilitating, incapacitating, or incurable medical condition or syndrome, as certified by a physician licensed pursuant to RSA 329, and, if requested by the parole board, at least one additional physician licensed pursuant to RSA 329.

(b) The cost of medical care, treatment, and resources for the inmate is determined to be excessive.

(c) The parole board has determined that the inmate will not be a danger to the public, and that there is a reasonable probability that the inmate will not violate the law while on medical parole and will conduct himself or herself as a good citizen.

II. The administrative director of forensic and medical services, on behalf of an inmate, may petition the parole board for hearing to determine if the inmate is eligible for medical parole and if the inmate is eligible, shall submit the parole plan to the parole board.

III. Medical parole shall only be granted by a majority vote of the full 7-member parole board.

IV. The parole board may request, as a condition of medical parole, that such inmate submit to periodic medical examinations while on medical parole and comply with any other parole conditions imposed by the parole board. The administrative director of forensic and medical services, after review of any such medical examination shall report the findings to the parole board. If the parole board, after review of such findings, determines that the parolee no longer has a terminal, debilitating, incapacitating, or incurable medical condition or syndrome, the medical parole shall be revoked and the parolee shall be returned to the custody of the state.

V. Notwithstanding RSA 504-A:5, a medical parolee who is arrested under the authority of RSA 504-A:4 or RSA 651-A:25 shall be detained at the medical unit or infirmary of the appropriate state correctional facility closest to the location where he or she was arrested.

VI. An inmate who has been sentenced to life in prison without parole or sentenced to death shall not be eligible for medical parole under this section. Nothing in this provision or law shall be construed to create a right to medical parole for any inmate.

VII. Notwithstanding RSA 167:18-b, the state shall be responsible for all medicaid costs incurred, net of federal reimbursement, for any inmate granted medical parole under this section, until the earliest date on which parole could have been granted had the inmate not been granted medical parole.

VIII. The commissioner of the department of health and human services shall enter into a memorandum of understanding with the commissioner of the department of corrections specifying that the department of corrections shall be responsible for providing the funding necessary to meet the state’s share of all medicaid costs for any inmate granted medical parole under this section.

218:4 New Subparagraph; Adult Parole Board; Duties. Amend RSA 651-A:4, III by inserting after subparagraph (d) the following new subparagraph:

(e) Procedures for medical parole.

218:5 Repeal. RSA 651-A:10-a, VIII, relative to a memorandum of understanding between the commissioners of health and human services and corrections, is repealed.

218:6 Effective Date.

I. Section 5 of this act shall take effect July 1, 2005.

II. The remainder of this act shall take effect upon its passage.

(Approved: June 11, 2004)

(Effective Date: I. Section 5 shall take effect July 1, 2005.

II. Remainder shall take effect June 11, 2004.)