SB90: relative to certain disclosures by health care provider facilities.

SB 90-FN - AS INTRODUCED

2019 SESSION

19-0957

01/04

SENATE BILL 90-FN

AN ACT relative to certain disclosures by health care provider facilities.

SPONSORS: Sen. Sherman, Dist 24; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Levesque, Dist 12; Sen. Giuda, Dist 2; Rep. Marsh, Carr. 8; Rep. Knirk, Carr. 3; Rep. McMahon, Rock. 7

COMMITTEE: Judiciary

ANALYSIS

This bill extends immunity to staff licensed by the division of health professions, office of professional licensure and certification, to disclose certain employment information.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0957

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to certain disclosures by health care provider facilities.

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

1 Health Care Provider Facilities; Disclosure of Employment Information; Immunity. Amend RSA 151:16-c to read as follows:

151:16-c Health Care Provider Facilities; Disclosure of Employment Information; Immunity. Any health care provider facility licensed under this chapter or any other organization that employs staff licensed by the division of health professions, office of professional licensure and certification shall, when acting in good faith, disclose employment information regarding misconduct and competency about a health care worker upon request of a prospective or current employer. A health care provider facility and its directors and employees who provide information in accordance with this section shall be immune from civil liability for providing the information or for any consequences that result from the disclosure of the information unless it is alleged and proven that the information disclosed was false and disclosed with knowledge that such information was false.

2 Effective Date. This act shall take effect January 1, 2020.

LBAO

19-0957

1/14/19

SB 90-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to certain disclosures by health care provider facilities.

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

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

[ X ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification Fund (RSA 310-A:1-e, I(b))

METHODOLOGY:

This bill would add organizations that employ staff licensed by the Office of Professional Licensure and Certification (OPLC) to those entities that are granted immunity from civil liability for disclosing information regarding misconduct and competency about a health care worker upon request of a prospective or current employer. Such protection extends only to those disclosures made in good faith unless it is alleged and proven that the information was false and disclosed with knowledge that such information was false. The OPLC states that currently, if the State were party to a potential lawsuit involving disclosures of this nature, such action could result in unknown expense for hearings and compensation of potential litigants. This legislation would limit such potential legal exposure, therefore the potential savings attributable to this legislation is indeterminable.

AGENCIES:

Office of Professional Licensure and Certification