Health Care -

New Hampshire

I. Residential Care and Health Facility Licensing, Patient’s Bill of Rights: New Hampshire Revised Statutes Annotated (RSA) 151:19 – 151:30
A. Conduct
1. Any Violation
(a) “Any person
(b) aggrieved by a facility’s failure to abide by the provisions of this subdivision
(c) may seek equitable relief from the superior court, which shall have original jurisdiction over all proceedings under this subdivision.” RSA 151:30, I
2. Abuse, specifically
(a) “A facility licensee, administrator or employee
(b) shall not willfully physically or mentally abuse, mistreat or harmfully neglect or deprive a patient .” RSA 151:27
3. Rights and Responsibilities of the Patients, RSA 151:21, I-XXI
(a) Examples :
Right to family visitation;
Freedom to use personal clothing and possessions as space allows;
Freedom from emotional, physical and/or sexual abuse;
Freedom from chemical or physical restraints, except when authorized by physician or in emergency situations;
Patient shall not be required to perform services for the facility;
Patient shall be entitled to be treated by physician of his/her choice.
C. Persons/Entities Excluded From Statute
1. RSA 151:13-a provides a privilege to hospitals for the “records” used in committee meetings for internal evaluation of patient care and treatment as well as committees with the focus of reducing morbidity and mortality (i.e. quality assurance duties). However, this privilege does not prevent such information from being discoverable, so long as it is done from original sources, outside of the scope of the quality assurance committee meeting records.
RSA 151:13-a, IV, provides immunity for any employee or committee member from damages or other relief arising from providing information to a hospital committee or in any judicial or administrative committee.
This immunity from suit appears to be qualified, in that the testimony and information provided cannot be the basis for a cause of action under the Patients’ Bill of Rights. However, a person’s conduct that is part of his/her information provided may still be the basis for a cause of action.
F. Relationship to Other Causes of Action
A cause of action, for violation of the Patients’ Bill of Rights, must be specifically sought. A violation of the Act, by a defendant, will not result in liability unless the alleged violation was a part of the pleadings. See Smith v. HCA Health Servs. of N.H., 159 N.H. 158, 162, 977 A.2d 534, 538 (N.H. 2009)
Also, a violation of the statute cannot be used to circumvent evidentiary requirements of other causes of action, by attempting to establish a duty of care for a different cause of action. Id.
G. Criminal Provision
“Any person who violates the provisions of paragraph I of this section [Abuse, see I A.2 above] shall be guilty of a misdemeanor for the first offense or guilty of a class B felony if serious bodily injury results.
For a subsequent offense, a natural person shall be guilty of a class B felony or guilty of a class A felony if serious bodily injury results, or guilty of a felony if any other person.” RSA 151:27, II [emphasis added].
H. Statute of Limitations: Three Years– RSA 508:4
I. Burden of Proof: Unknown, no reported cases and nothing in statute.
J. Can Regulations Establish Standard of Care:
No. “The [Patients’] Bill of Rights does not, however, purport to be a device to regulate professional due care in providing treatment” In re “k”, 132 N.H. 4, 16 (N.H. 1989) See also Smith v. HCA Health Servs. of N.H., 159 N.H. 158, 977 A.2d 534 (N.H. 2009).
II. DAMAGES
A. Damages Available
1. $50 per violation, per day or for part of day OR
2. All damages proximately caused by the violations, whichever is greater. RSA 151:30, II
B. Attorney’s Fees Available: Yes.
But only if “a facility is found to be in contempt of a court order issued under this section” RSA 151:30, II
III. LEGISLATION AFFECTING STATUTE
A. Pending: Yes, amendment to current law. See 2013 Bill Text NH S.B. 87, (Home Health Care Clients’ Bill of Rights)