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RSA 137-J:3 · Freedom From Influence; Notice Required

137-J:3 Freedom From Influence; Notice Required. –

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I.

No health care provider or residential care provider, and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital service plan shall charge a person a different rate because of the existence or non-existence of an advance directive, do not resuscitate order, or POLST, or require any person to execute an advance directive or require the issuance of a do not resuscitate order as a condition of admission to a hospital, nursing home, or residential care home, or as a condition of being insured for, or receiving, health or residential care services. Health or residential care services shall not be refused because a person is known to have executed an advance directive or have a do not resuscitate order.

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II.

The execution of an advance directive or POLST pursuant to this chapter shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired, modified or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured person notwithstanding any term of the policy to the contrary. Source. 2006, 302:2, eff. Jan. 1, 2007. 2021, 176:1, eff. July 30, 2021.

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Source note

Source. 2006, 302:2, eff. Jan. 1, 2007. 2021, 176:1, eff. July 30, 2021.

Source history

  • 2006, 302:2, eff. Jan. 1, 2007
  • 2021, 176:1, eff. July 30, 2021

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  • 2025 HB254 reference

    ng significant benefits and risks, and to make and communicate an informed health care decision. A determination of capacity shall be made only according to professional standards of care and the provisions of RSA 137-J. X. "Mental health professional" means a state-licensed psychiatrist, psychologist, master social worker, psychiatric nurse practitioner, or professional clinical mental health counselor. XI. “Public place” me

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