Bill Text: NH HB1809 | 2018 | Regular Session | Amended


Bill Title: Relative to balance billing under the managed care law and relative to coverage for emergency services.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2018-07-10 - Signed by Governor Sununu 07/02/2018; Chapter 356; Eff. 07/01/2018 [HB1809 Detail]

Download: New_Hampshire-2018-HB1809-Amended.html

HB 1809-FN - AS AMENDED BY THE SENATE

 

6Mar2018... 0135h

05/03/2018   1638s

2018 SESSION

18-2860

01/10

 

HOUSE BILL 1809-FN

 

AN ACT relative to balance billing under the managed care law and relative to coverage for emergency services.

 

SPONSORS: Rep. Kurk, Hills. 2; Rep. Byron, Hills. 20; Rep. Luneau, Merr. 10; Sen. French, Dist 7

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill prohibits balance billing under the managed care law.

 

This bill also clarifies coverage for emergency services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0135h

05/03/2018   1638s 18-2860

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to balance billing under the managed care law and relative to coverage for emergency services.

 

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

 

1  New Section; Prohibition on Balance Billing; Payment for Reasonable Value of Services.  Amend RSA 329 by inserting after section 31-a the following new section:

329:31-b  Prohibition on Balance Billing; Payment for Reasonable Value of Services.

I.  When a commercially insured patient is covered by a managed care plan as defined under RSA 420-J:3, XXV, a health care provider performing anesthesiology, radiology, emergency medicine, or pathology services shall not balance bill the patient for fees or amounts other than copayments, deductibles, or coinsurance, if the service is performed in a hospital or ambulatory surgical center that is in-network under the patient’s health insurance plan.  This prohibition shall apply whether or not the health care provider is contracted with the patient’s insurance carrier.

II.  Pursuant to paragraph I, fees for health care services submitted to an insurance carrier for payment shall be limited to a commercially reasonable value, based on payments for similar services from New Hampshire insurance carriers to New Hampshire health care providers.  

III.  In the event of a dispute between a provider and an insurance carrier relative to the reasonable value of a service under this section, the insurance commissioner shall have exclusive jurisdiction under RSA 420-J:8-e to determine if the fee is commercially reasonable.  The provider and the insurance carrier shall each make best efforts to resolve any dispute prior to applying to the insurance commissioner for resolution, which shall include presenting to the other party evidence supporting its contention that the fee level it is proposing is commercially reasonable.  The department of insurance may require the parties to engage in mediation prior to rendering a decision.

2  New Section; Reasonable Value of Health Care Services.  Amend RSA 420-J by inserting after section 8-d the following new section:

420-J:8-e  Reasonable Value of Health Care Services.  In the event of a dispute between a health care provider and an insurance carrier relative to the reasonable value of a service under RSA 329:31-b, the commissioner shall have exclusive jurisdiction to determine if the fee is commercially reasonable.  Either the provider or the insurance carrier may petition for a hearing under RSA 400-A:17.  The petition shall include the appealing party’s evidence and methodology for asserting that the fee is reasonable, and shall detail the efforts made by the parties to resolve the dispute prior to petitioning the commissioner for review.  The department may require the parties to engage in mediation prior to rendering a decision.

3  New Subparagraph; Network Adequacy; Rulemaking.  Amend RSA 420-J:7, II by inserting after subparagraph (d) the following new subparagraph:

(e)  Standards for addressing in-network access to hospital based providers, such as anesthesiologists, radiologists, pathologists, and emergency medicine physicians.

4  New Paragraph; Network Adequacy; Report Required.  Amend RSA 420-J:7 by inserting after paragraph IV the following new paragraph:

V.  The commissioner shall provide a report annually on the findings associated with network adequacy review to the chairpersons of the house and senate committees having jurisdiction over insurance issues.

5  Coverage for Emergency Services; Definitions.  Amend the introductory paragraph of RSA 417-F:1, I to read as follows:

I.  "Emergency services" means health care services that are provided to an enrollee, insured, or subscriber in a licensed hospital emergency facility by a provider after the sudden onset of a medical condition that manifests itself by symptoms of sufficient severity that a prudent layperson with average knowledge of health and medicine could reasonably expect that the absence of immediate medical attention could be expected to result in any of the following:

6  Managed care Law; Emergency Medical Condition.  RSA 420-J:3, XV is repealed and reenacted to read as follows:

XV.  "Emergency medical condition" means the sudden and, at the time, unexpected onset of a health condition that requires immediate medical attention such that a prudent layperson with average knowledge of health and medicine could reasonably expect that failure to provide medical attention could result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part, or could place the person's health in serious jeopardy.

7  Managed Care Law; Emergency Services.  Amend the introductory paragraph of RSA 420-J:3, XVI to read as follows:

XVI.  "Emergency services" means health care services that are provided to an enrollee, insured, or subscriber in a licensed hospital emergency facility by a provider after the sudden onset of a medical condition that manifests itself by symptoms of sufficient severity that a prudent layperson with average knowledge of health and medicine could reasonably expect that the absence of immediate medical attention could [be expected to] result in any of the following:

8  Report.  The insurance commissioner shall make a report on or before July 1, 2020 detailing the impact of RSA 329:31-b as inserted by section 1 of this act and RSA 420-J:8-e as inserted by section 2 of the act on health insurance premium rates to the chairpersons of the house and senate committees having jurisdiction over insurance issues.  

9  Effective Date.  This act shall take effect July 1, 2018.

 

LBAO

18-2860

Amended 3/23/18

 

HB 1809-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-0135h)

 

AN ACT relative to balance billing under the managed care law.

 

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

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

$0

$0

$0

Funding Source:

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

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill prohibits balance billing in the commercial insurance market for certain services provided by out-of-network providers at an in-network facility.  The bill further states that fees for such services shall be limited to a commercially reasonable value, based on payments for similar services from NH insurance carriers to NH health care providers.  In the event of a dispute between carriers and providers, the bill charges the commissioner of the Insurance Department with determining whether a fee is commercially reasonable.  The bill also charges the Insurance Department with granting waivers under certain circumstances, as well as with issuing a report on health insurance premium rates.  The Department states that it will be able to absorb the cost of these additional responsibilities within its existing budget.  The Department also states that it assumes the bill will have some impact on negotiations between providers and carriers but is unable to determine the extent of this impact on county or local expenditures or how it might affect insurance premium tax collections.

 

The Department of Health and Human Services states this bill will have no fiscal impact.

 

AGENCIES CONTACTED:

Insurance Department and Department of Health and Human Services

 

 

 

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