516:29-c Medical and Hospital Records, Bills, and Reports; Evidence in Certain Civil Cases. –
I. Except as provided in paragraph V, in any civil proceeding before a court, commission, or agency, records or reports of licensed health care providers relating to medical, dental, or hospital services, prescriptions, or orthopedic appliances rendered to or prescribed for an injured person, reports of any medical or dental examination of such injured person, and itemized bills reflecting the amounts charged for such services, prescriptions, or appliances, which are subscribed and sworn to under the penalties of perjury by the licensed health care provider, authorized agent of the hospital or health maintenance organization rendering such services, or the pharmacist or retailer of orthopedic appliances, shall be admissible, as evidence of:
(a) The reasonable necessity of such services, treatments, or appliances, and the fair and reasonable charges for the same, provided that those matters are attested to in the record or report, or in the accompanying certification;
(b) The diagnosis and prognosis of the licensed health care provider, provided that such diagnosis or prognosis is expressly stated by the author of the record or report;
(c) The opinion of such licensed health care provider as to the proximate cause of the diagnosed condition, provided that such opinion is expressly stated by the author of the record or report; and
(d) The opinion of such licensed health care provider as to disability or incapacity, if any, proximately resulting from the diagnosed condition, provided that the opinion is expressly stated by the author of the record or report.
II. Written notice of the intention to offer such record, report, or bill as evidence, together with a copy of such report or bill, shall be given to the opposing party or parties, or to their attorneys, on or before the date established for disclosure of expert testimony pursuant to RSA 516:29-b or such other time as may be set by the court.
III. Nothing in this section shall be construed to limit the right of any party to the action or proceeding to summon, at his or her own expense, such licensed health care provider, pharmacist, retailer of orthopedic appliances, or agent of such hospital or health maintenance organization, or the records of such licensed health care provider, hospital, or health maintenance organization, for the purpose of cross-examination with respect to such record, report, or bill, or to rebut the contents thereof, or for any other purpose, nor to limit the right of any party to the action or proceeding to summon any other person to testify in respect to such record, report, or bill, or for any other purpose.
IV. Nothing in this section shall be construed to render admissible any facts, opinions, or information that would not be admissible if testified to by a live witness.
V. This section shall not apply to any action for medical injury as defined in RSA 507-E:1. Nor shall this section apply to any action to recover for bodily injuries in which the plaintiff claims to have incurred medical expenses in excess of $25,000.
VI. In this section:
(a) "Licensed health care provider" shall include any person who is licensed to practice as such under the laws of the jurisdiction within which such services were rendered, and shall include, but not be limited to medical doctors, chiropodists, chiropractors, dentists, nurse practitioners, optometrists, osteopaths, physician assistants, physical therapists, podiatrists, psychologists, and other medical personnel.
(b) "Hospital" means any hospital licensed under RSA 151:2, or licensed or regulated by the laws of any other state, or by the laws and regulations of the United States, including hospitals of the Veterans Administration or similar type institutions, whether incorporated or not.
(c) "Health maintenance organization" means a public or private organization, organized under the laws of any state or the federal government which:
(1) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services, and out-of-area coverage; and
(2) Is compensated, except for co-payments, for the provision of the basic health care services listed in subparagraph (1) to enrolled participants on a predetermined periodic basis without regard to the date on which health care services are provided; a predetermined periodic basis shall be fixed without regard to the frequency, extent, or kind of health care service actually provided; and
(3) Provides physician services primarily:
(A) Directly through physicians who are either employees or partners of such organization;
(B) Through arrangements with individual physicians or one or more groups of physicians organized in a group practice or individual basis; or
(C) Through a combination of subparagraphs (A) and (B).