Bill Text: NH SB315 | 2019 | Regular Session | Introduced
Bill Title: Relative to claims against the state.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-12-03 - Committee Report: Referred to Interim Study [SB315 Detail]
Download: New_Hampshire-2019-SB315-Introduced.html
SB 315-FN - AS INTRODUCED
2019 SESSION
19-1065
08/04
SENATE BILL 315-FN
AN ACT relative to claims against the state.
SPONSORS: Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Rep. Porter, Hills. 1
COMMITTEE: Judiciary
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ANALYSIS
This bill increases the liability of the state of New Hampshire in certain cases regarding children in its custody or in need of its 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-1065
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to claims against the state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Claims Arising from Services Provided to the Department of Health and Human Services. Amend RSA 541-B:21 to read as follows:
541-B:21 Claims Arising From the Clinical Services Provided to the Department of Health and Human Services.
I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity, providing clinical services in accordance with any contract entered into by the department of health and human services for the clinical operation and administration of the New Hampshire hospital pursuant to RSA 135-C:3 and RSA 135-C:4 or, at the discretion of the commissioner of the department of health and human services, any other public health or clinical services provided to the department. This chapter shall apply to all claims against any nonprofit entity or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity, providing services to the department of health and human services which involve the provision of services required to be provided by the department by law, which are provided by the nonprofit entity to the department under contract, or in response to requests for proposals or other arrangements for the provision of services.
II. The limitations on awards provided in RSA 541-B:14 shall not be increased by the proceeds from any insurance policy procured by a nonprofit entity, or any employee of such entity, included under RSA 541-B:21, I.
III. This section shall apply only to claims arising out of incidents occurring on or after July 1, 1988.
IV. Notwithstanding RSA 541-B:14, the liability of the state of New Hampshire shall be increased to $1,000,000 for each case involving a child and allegations the state of New Hampshire has not fulfilled responsibilities under RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 169-E, and RSA 169-F.
2 Effective Date. This act shall take effect January 1, 2020.
19-1065
1/28/19
SB 315-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to claims against the state.
FFISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Departments of Health and Human Services and Justice, and the Judicial Branch who were originally contacted on January 8, 2019, with follow up on January 24, 2019 for a fiscal note worksheet, which they have not provided as of January 28, 2019. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Departments of Health and Human Services and Justice, and Judicial Branch
