Bill Text: NH HB349 | 2019 | Regular Session | Amended


Bill Title: Relative to a second opinion on health care matters for state and county prisoners.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Vetoed) 2019-07-16 - Vetoed by Governor Sununu 07/12/2019 [HB349 Detail]

Download: New_Hampshire-2019-HB349-Amended.html

HB 349 - AS AMENDED BY THE SENATE

 

05/30/2019   2328s

2019 SESSION

19-0693

04/01

 

HOUSE BILL 349

 

AN ACT relative to a second opinion on health care matters for state and county prisoners.

 

SPONSORS: Rep. Amanda Bouldin, Hills. 12; Rep. Berch, Ches. 1; Rep. Butler, Carr. 7; Rep. J. Schmidt, Hills. 28; Rep. Almy, Graf. 13; Rep. K. Murray, Rock. 24; Rep. Riel, Hills. 6; Sen. Reagan, Dist 17; Sen. Hennessey, Dist 5; Sen. Watters, Dist 4

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill permits state and county prisoners to have a second medical opinion from a licensed health care provider.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/30/2019   2328s 19-0693

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to a second opinion on health care matters for state and county prisoners.

 

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

 

1  New Paragraph; Medical Services for County Prisoners.  Amend RSA 623-C:1 by inserting after paragraph II the following new paragraph:

III.  The superintendent of a county correctional facility shall, upon request of the prisoner, provide each prisoner the opportunity to arrange for a second medical consult from a licensed health care provider not employed or contracted by the county or the state.  Unless the superintendent or his or her designee allows for other arrangements, the examination shall occur at the correctional facility.  Correctional facility staff shall approve a visit by any health care provider licensed or credentialed by the state of New Hampshire.  The correctional facility may charge an administrative fee of no more than $35 to process the prisoner’s second medical consult.  The prisoner may request a specific health care provider only if the second medical consult is at the prisoner's expense, or at the expense of another person on behalf of the prisoner.  The prisoner shall make payment arrangements in advance of the medical examination to cover the $35 fee and the cost of the second medical consult.  Expenses for the second medical consult shall be billed directly to the prisoner or to the responsible party designated by the prisoner.  If the primary care provider and the secondary care provider present conflicting medical opinions, the county correctional facility’s health care provider shall make the final determination regarding the medical treatment for the prisoner.

2  New Paragraph; Medical Services for State Prisoners.  Amend RSA 623-C:2 by inserting after paragraph III the following new paragraph:

IV.  The commissioner of the department of corrections shall, upon request of the prisoner, provide each prisoner the opportunity to arrange for a second medical consult from a licensed health care provider not employed or contracted by the county or the state.  Unless the commissioner or his or her designee allows for other arrangements, the examination shall occur at the correctional facility.  Correctional facility staff shall approve a visit by any health care provider licensed or credentialed by the state of New Hampshire.  The prisoner may request a specific health care provider only if the examination is a second medical consult at the prisoner's expense, or at the expense of another person on behalf of the prisoner.  The prisoner shall make payment arrangements in advance of the medical examination.  Expenses for the second medical opinion shall be billed directly to the prisoner or to the responsible party designated by the prisoner.  If the primary care provider and the secondary care provider present conflicting medical opinions, the department of corrections' chief medical officer or designated health care provider shall make the final determination regarding the medical treatment for the prisoner.  

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

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