Updates on previously reported legislative bills provided by NASP Legislative Affairs Committee:
New Hampshire HB 1670
New Hampshire House Bill 1670 would allow an equitable remedy of subrogation to a bonding company which pays a claim on a bond which indemnifies a public servant for injuries or damages as a result of failure to perform his/her duties or through commission of fraudulent acts or omissions. The bill would take effect 60 days after passage.
New Hampshire HB 1658
New Hampshire House Bill 1658 would require the Director of the Division of Motor Vehicles to deliver either a) in hand a notice of revocation or suspension of a driver’s license to a law enforcement officer or b) a notice via certified mail to the suspendee’s last known address. Evidence that the suspendee signed the certified mail receipt shall be prima facie evidence that he/she was notified of the suspension or revocation. The bill would take effect 60 days after passage.
New Hampshire HB 1581
New Hampshire House Bill 1581 would require that the suspension or revocation of a driver’s license by the Director of the Division of Motor Vehicles commence no sooner than the day after the hearing. The bill would take effect 60 days after passage.
United States HR 3922
As members will recall, the Bipartisan Budget Act of 2013 (BBA) legislatively overruled the United States Supreme Court’s decisions in Arkansas HHS v. Ahlborn, 547 U.S. 268 (2006) and Wos v. E.M.A., 568 U.S. 627 (2013) which previously limited state Medicaid programs’ recovery to portions of settlements or judgments attributable to medical expenses. Under the BBA, however, state Medicaid programs are specifically required to seek reimbursement from “any payment” the Medicaid recipient receives from a third party who is legally liable for the costs of any recipient’s medical services available under a Medicaid plan. In addition, state Medicaid programs’ third party recovery rights are exempted from the provisions of the federal Medicaid anti-lien statute. The original effective date was October 1, 2014.
However, the Medicare Access and CHIP Reauthorization Act of 2015 delayed the changes until October 1, 2017. The recently filed Helping Ensure Access for Little Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable Act of 2017 (HEALTHY KIDS Act) sought to extend the effective date to October 1, 2019, but the extension language was removed from the bill.
Now, HR 3922, the Continuing Community Health And Medical Professional Programs to Improve Our Nation, Increase National Gains, and Help Ensure Access for Little Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable Act of 2017 (CHAMPIONING HEALTHY KIDS Act) seeks to extend the effective date to October 1, 2019. The bill quickly passed the House and is currently with the Senate Finance Committee.
The above reporting is only meant to give a brief synopsis of bill(s) of interest to subrogation professionals and is not intended to provide a full and detailed explanation. If a reported bill is of interest to you, please review it in its entirety and seek appropriate legal advice.
NASP Legislative Affairs Committee