SB552: relative to transportation of trauma victims by first responders.

SB 552-FN - AS INTRODUCED

2018 SESSION

18-2768

01/04

SENATE BILL 552-FN

AN ACT relative to transportation of trauma victims by first responders.

SPONSORS: Sen. Giuda, Dist 2; Sen. Reagan, Dist 17; Sen. Innis, Dist 24; Rep. Kurk, Hills. 2; Rep. Weyler, Rock. 13; Rep. Hinch, Hills. 21; Rep. Kotowski, Merr. 24

COMMITTEE: Health and Human Services

ANALYSIS

This bill authorizes a trauma victim's legal representative to specify which trauma hospital to which the patient shall be transported by first responders.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2768

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT relative to transportation of trauma victims by first responders.

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

1 New Section; Emergency Transport of Trauma Persons. Amend RSA 153-A by inserting after section 6 the following new section:

153-A:6-a Emergency Transport of Trauma Persons.

I. In a health emergency in which an ambulance or other first responder responds to a 911 call, a spouse, parent, or legal guardian, or a person holding a health care power of attorney or durable power of attorney which includes authority to make decisions regarding medical care may direct the first responder to proceed directly to a trauma hospital specified by such legal representative. If so directed, the first responder shall transport the patient to the trauma hospital specified by the authorized representative. The specified trauma hospital shall be no farther than one hour away from the response address.

II. Before the first responder begins transport of the patient to a trauma hospital requested by the authorized representative specified under paragraph I, when such facility is not the responder's normal protocol, the authorized representative shall sign a release accepting full responsibility for the medical consequences of the decision to proceed to the specified trauma hospital. If the authorized representative does not have immediate access to the applicable power of attorney, the first responder shall comply with the request of the authorized representative.

III. First responders shall maintain a current list of all levels of trauma hospitals within 75 miles of the first responder's base, and a supply of release forms in each ambulance or other emergency medical service vehicle which is used for emergency transport.

IV. Any person falsely claiming to be an authorized representative under this statute shall be guilty of a class A misdemeanor, and shall be civilly liable for any medical and legal costs arising from such falsification.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

18-2768

1/2/18

SB 552-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to transportation of trauma victims by first responders.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

LOCAL:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill authorizes a trauma victim’s legal representative to specify which trauma hospital to which a patient shall be transported by first responders.

The Judicial Branch indicates the potential impact to the Branch is in proposed RSA 153-A:6-a, IV which provides a person falsely claiming to be an authorized representative shall be guilty of a class A misdemeanor and civilly liable for medical and legal costs resulting from the falsification. The Branch has no information on which to estimate how many additional class A misdemeanors or additional civil actions may result from the proposed bill. The Branch has provided the following information on the average cost of processing such cases.

Judicial Branch

FY 2019

FY 2020

Class A Misdemeanor

$72

$73

Complex Civil Case

$737

$745

Appeals

Varies

Varies

These costs do not consider the cost of any appeals that may be taken following trial. It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

The New Hampshire Municipal Association indicates this bill could result in additional transportation costs for municipally operated emergency medical service agencies. Such costs may or may not be reimbursed by insurance. In addition, there would be a small increase in record keeping costs. The Association has no information on which to estimate these costs.

The New Hampshire Association of Counties states there could be an impact on county expenditures attributable to the class A misdemeanor charge included in the bill. The Association indicates potential prosecution cost cannot be determined and incarceration costs vary by county from $85 to $110 per day.

The Department of Health and Human Services anticipates this bill would increase in Medicaid expenditures for medical transportation by an indeterminable amount. Such expenditures are paid 50% with general funds and 50% with federal Medicaid funds. The Department assumes it would not be responsible for publication of lists of trauma hospitals or for developing the release forms specified by the bill.

AGENCIES CONTACTED:

Judicial Branch, New Hampshire Municipal Association, New Hampshire Association of Counties, and Department of Health and Human Services