JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

Action Minutes

 

SEPTEMBER 24, 2010

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Gottling, Millham, and Kidder*, and Senators Fuller Clark, Cilley, Letourneau, Carson, and Merrill.  (*)  Indicates alternate members.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting

 

1.  The meeting was convened at 12:04 p.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, and Kidder, and Sen. Letourneau.

 

     Rep. Pilotte appointed Rep. Kidder as an alternate for Sen. Carson, who was absent.

 

2.  The Committee discussed the minutes of the Committee meeting on September 16, 2010.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Kidder seconded.

 

     Adopted.

 

3.  The Committee resumed discussion of Final Proposal 2010-67 from the Insurance Department (New Hampshire Medical Malpractice Joint Underwriting Plan), which had been recessed at the Committee meeting on September 16, 2010.

 

     Sen. Cilley arrived as the discussion began on this item.

 

     Rep. Dr. James F. Pilliod testified.

 

     Sen. Carson arrived during the testimony of Rep. Pilliod.  Rep. Pilotte appointed Rep. Kidder as an alternate for Rep. Gottling, who was absent.

 

     Dr. Ted Brooks, representing the Derry Medical Center, then testified.

 

     Sen. Merrill and Sen. Fuller Clark arrived during the testimony of Dr. Brooks.

 

     Tom Buchanan, representing Derry Medical Center, then testified.

 

     Rep. Gottling arrived during the testimony of Mr. Buchanan.  Rep. Kidder was therefore not a voting member.

 

     Dr. David Strang, representing Central N.H. ER Association P.A., then testified.

 

     After a break, with Reps. Pilotte, Patten, Schmidt, Millham, and Kidder, and Sen. Letourneau present, public testimony resumed.

 

     Dr. Marc Leclair, representing Bedford Commons ObGyn policyholders, then testified.

 

     Sen. Cilley, Sen. Merrill, and Rep. Gottling returned to the meeting during the testimony of Dr. Leclair. 

 

     Dr. Georgia A. Tuttle then testified, representing the Joint Underwriting Association (JUA) policyholders and N.H. physicians.

 

     Sen. Fuller Clark and Sen. Carson returned to the meeting during the testimony of Dr. Tuttle.

 

     The following persons then testified:

            Brenda Baer, from the Laconia City Council, representing herself.

            Dr. John H. Robinson, representing the N.H. Medical Society as President.

            Scott Colby, representing the N.H. Medical Society as Executive Director.

 

     Neil Sanford registered his opposition to the rules but did not speak.

 

     After another break, with Reps. Pilotte, Patten, Schmidt, Gottling, Millham, and Kidder, and Sens. Fuller Cark, Cilley, Merrill and Carson present, the Committee heard testimony from Deputy Commissioner Alex Fedlvebel and William Ardinger of Rath, Young, and Pignatelli, P.C., representing the Department.

 

     Sen. Letourneau returned to the meeting as the testimony from the Department began.

 

     After another break, with Reps. Pilotte, Patten, Schmidt, Gottling, Millham, and Kidder, and Sens. Fuller Clark, Cilley, Carson, Letourneau, and Merrill present, the Committee resumed discussion of Final Proposal 2010-67.

 

     Sen. Fuller Clark moved that the Committee make a preliminary objection to Final Proposal 2010-67 based on the following grounds:  (1)  The Committee objects to provisions of the proposed Chapter Ins 1700 to the extent the rules appear to authorize the Commissioner to exercise a degree of management and decision-making authority regarding the operations of the New Hampshire Medical Malpractice Joint Underwriting Association that would be contrary to legislative intent and statutory authority as noted in Committee staff annotations; (2)  The Committee objects to provisions of the proposed Chapter Ins 1700 to the extent the rules would appear to authorize the Commissioner to make a determination to dissolve the New Hampshire Medical Malpractice Joint Underwriting Association Plan without review and approval by legislative action of the full General Court because the Committee found such provisions to be contrary to the intent of the legislature and contrary to the public interest due to lack of clarity as noted in Committee staff annotations and may have a substantial economic impact not recognized in the fiscal impact statement; and (3)  The Committee further objects to provisions of the proposed Chapter Ins 1700 to the extent that the rules, based on public comments, fail to acknowledge the decision of the New Hampshire Supreme Court in Tuttle v. New Hampshire Medical Malpractice Joint Underwriting Association, and could be contrary to the public interest based on lack of clarity regarding ‘vested rights’ and retrospectivity.

 

     Sen. Letourneau seconded.

 

     Adopted on a voice vote.  There were no “no” votes.

 

4.  Rep. Patten moved that the Committee recess to the next continued meeting on October 7.

 

     Sen. Merrill seconded.

 

     Adopted.

 

     The Committee recessed at 5:16 p.m.