HB1648 (2010)

Prohibiting interference with access to medical services and health insurance of New Hampshire citizens.


Status: HOUSE: INEXPEDIENT TO LEGISLATE (Details)
Length: 2325 words.

Revisions of this bill in our system:

 HouseSenate
Public hearing:2010-01-19 11:00:00 LOB 205(unscheduled)
Executive session:2010-01-26 13:00:00(unscheduled)
Floor vote:2010-02-03 00:00:00(unscheduled)

HB 1648-FN – AS INTRODUCED

2010 SESSION

10-2279

08/04

HOUSE BILL 1648-FN

AN ACT prohibiting interference with access to medical services and health insurance of New Hampshire citizens.

SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5; Rep. Dumaine, Rock 3; Rep. Comerford, Rock 9; Rep. Villeneuve, Hills 18

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill makes it a misdemeanor for an officer of the government to interfere with or withhold medical services from legal residents of New Hampshire.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2279

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT prohibiting interference with access to medical services and health insurance of New Hampshire citizens.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings.

I. The Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled.

II. The Constitution of the State of New Hampshire, Part 2, Article 1 declares that the people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or State, by the name of the State of New Hampshire.

III. Each State acceded to the compact titled the Constitution for the United States of America as a State, and is an integral party, its co-States forming, as to itself, the other party.

IV. The State of New Hampshire when ratifying the Constitution for the United States of America recommended as a change, “First That it be Explicitly declared that all Powers not expressly & particularly Delegated by the aforesaid are reserved to the several States to be, by them Exercised.”

V. The other States that included recommendations: Massachusetts, New York, North Carolina, Rhode Island and Virginia, included an identical or similar recommended change.

VI. These recommended changes were incorporated as the Ninth Amendment, the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people, and the Tenth Amendment, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people, to the Constitution for the United States of America.

VII. The several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving, each State to itself, all remaining powers for their own self-government.

VIII. The construction applied by the general government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their power by the Constitution. Such words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument.

IX. Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.

X. No power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people. Furthermore, also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, freedom of speech and of the press, and retained to themselves the right of protecting the same by one of the amendments to the Constitution, which expressly declares, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press:” thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals;

XI. All acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force.

XII. The Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, offenses against the law of nations, and slavery, and no other crimes.

XIII. All acts of Congress, the orders of the Executive or orders of the Judiciary which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory.

XIV. The State of New Hampshire when ratifying the Constitution for the United States of America recommended as a change, “Twelfth Congress shall never disarm any citizen unless such as are or have been in actual rebellion.”

XV. The other States that included recommendations: New York, Pennsylvania, North Carolina, Rhode Island and Virginia, included an identical or similar recommended change; and

XVI. These recommended changes were incorporated as the second amendment.

XVII. The United States Supreme Court has ruled in Heller v. The District of Columbia, (2008), that the right to keep and bear arms is an individual right of the people.

XVIII. All acts of Congress, the orders of the Executive or orders of the Judiciary which assume to regulate or license the owner ship of firearms manufactured, sold and held within the jurisdiction of any State are altogether void, and of no force; and that the power to regulate or license the owner ship of firearms manufactured, sold and held within the jurisdiction of any State is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory subject to the limitations of its own Constitution.

XIX. The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states.

XX. All compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding are prohibited.

XXI. The Constitution for the United States of America, Article II, Section 2, Clause 2 gives Congress the authority to authorize inferior officers of the government of the United States of America not enumerated in the Constitution by law and for them to be appointed by the manner proscribed by law enacted by the Congress, and that the Constitution gives not such authority to the President.

XXII. No officer not authorized by Constitution or by law or exercising a power not authorized by the Constitution, nor their subordinates shall have any authority in, or over the sovereign State of New Hampshire, nor any inhabitant or resident thereof, nor any franchises created under the authority thereof when within the borders of the State of New Hampshire.

XXIII. The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

XXIV. The Legislatures and Legislators of the several States have the right and duty to consider the constitutionality of any legislation act or order promlugated by the government of the United States of America; and to protect their governments, inhabitants, and residents and instruments created under their authority by prohibiting, and if necessary punishing the enforcement any Acts by the Congress of the United States of America, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America. Acts which would cause such a prohibition or punishment include, but are not limited to:

(a) Requiring the States to create a national identification card system.

(b) Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.

(c) Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.

(d) Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.

(e) Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and

XXV. The Constitution for the United States, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or Laws of any State to the contrary notwithstanding. The Constitution for the United States of America Article 1, Section 8 delegates no power to Congress regarding healthcare or medicine. Therefore, all laws, statutes, rule sand regulations regulating the healthcare of the citizens of the States, not employed by the United States are not pursuant to the Constitution of the United States, and are not part of the supreme law of the land, and are not binding upon the citizens of the state.

XXVI. Any act, order, law, statute, regulation or rule restricting the ability of New Hampshire citizens to contract with healthcare professionals or facilities for the provision healthcare services or to contract with corporations providing health insurance authorized by the State of New Hampshire for health insurance is unconstitutional, void and of no force. Any attempt to enforce such a law is an affront to the Sovereignty of the States and their Citizens.

2 New Chapter; Healthcare Choices. Amend RSA by inserting after chapter 415-J the following new chapter.

CHAPTER 415-K

HEALTHCARE CHOICES

415-K:1 Definitions. In this chapter:

I. “Healthcare professional” means any physician, chiropractor, dentist, nurse practitioner, physicians assistant, nurse, dental assistant, midwife, or naturopath, or any other person recognized to practice medicinal arts or sciences in New Hampshire.

II. “Healthcare facility” means any hospital, clinic, physician’s office, chiropractors office, dentist’s office or any other facility licensed by the State of New Hampshire to provide medical services or for healthcare professionals to practice medicinal arts or sciences.

III. “Health insurance provider” means any corporation authorized by the insurance commissioner of the State of New Hampshire to contract with residents of New Hampshire, or sole proprietorships, partnerships, or corporations located in New Hampshire.

415-K:2 Interference Prohibited.

I. Any officer, agent, or employee of the United States or employee of any corporation providing services to the United States who prevents, attempts to prevent, interferes with, or withholds medical services from a legal resident or inhabitant of New Hampshire or withholds medicines or medical treatment from a legal resident or inhabitant of New Hampshire based upon a law, statute, regulation or rule of the United States without the consent of the General Court of New Hampshire shall be guilty of a class A misdemeanor.

II. Any public servant of the State of New Hampshire as defined in RSA 640:2 who prevents, attempts to prevent, interferes with, or withholds medical services from a legal resident or inhabitant of New Hampshire or withholds medicines or medical treatment from a legal resident or inhabitant of New Hampshire based upon a law, statute, regulation or rule of the United States without the consent of the General Court of New Hampshire shall be guilty of a class B misdemeanor.

III. Any officer, agent, or employee of the United States or employee of any corporation providing services to the United States who prevents, attempts to prevent, interferes with, voids or penalties for a contract between a legal resident or inhabitant of New Hampshire and a health insurance provider authorized to business in New Hampshire based upon a law, regulation or rule of the United States without the consent of the General Court of New Hampshire shall be guilty of a class A misdemeanor.

IV. Any public servant of the of the State of New Hampshire as defined in RSA 640:2 who prevents, attempts to prevent, interferes with, voids, or penalties for a contract between a legal resident or inhabitant of New Hampshire and a health insurance provider authorized to business in New Hampshire based upon a law, statute, regulation or rule of the United States without the consent of the General Court of New Hampshire shall be guilty of a class B misdemeanor.

3 Copies Required. Three copies of this act shall be transmitted by the house clerk of the New Hampshire house of representatives to the President of the United States, the presiding members each chamber of the Congress of the United States, and the chief executive and the presiding members of the legislature of each State comprising the United States of America.

4 Effective Date. This act shall take effect upon its passage.

LBAO

10-2279

12/16/09

HB 1648-FN - FISCAL NOTE

AN ACT prohibiting interference with access to medical services and health insurance of New Hampshire citizens.

FISCAL IMPACT:

      The Judicial Branch, Judicial Council, Department of Justice and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2010 and each year thereafter. The Legislative Branch states this bill will increase state general fund expenditures by $2,063 in FY 2010. There will be no fiscal impact on local expenditures or state, county and local revenue.

METHODOLOGY:

    The Judicial Branch states this bill will add RSA 415-K, entitled “Healthcare Choices.” Proposed RSA 415-K:2, I and III make it a class A misdemeanor for an officer, agent or employee of the United States or an employee or any corporation providing services to the United States to interfere with medical services or health insurance being provided to New Hampshire citizens. Proposed RSA 415-K:2, II and IV make it a class B misdemeanor for any public servant of the State to interfere with medical services or health insurance being provided to New Hampshire citizens. The Branch has no information to estimate how many new misdemeanors would be brought as a result of this bill. The Branch states the cost of a class A misdemeanor case is $51.14 and the cost of a class B misdemeanor case is $36.89 in FY 2010 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.

    The Judicial Council states to the extent a misdemeanor offense results in the right to counsel this bill may have an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom

                      LBAO

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                      12/16/09

    granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.

    The Department of Justice states investigations and prosecutions for the majority of allegations of criminal conduct lodged against state officials would be the responsibility of the Department. The Department would also be responsible for representing the State in the event a public official is convicted and appeals the conviction. The Department’s civil bureau would need to develop appropriate protocols and procedures to avoid violations of this bill with the various departments and agencies involved in direct treatment and care of citizens of the State. It is estimated training and development of protocols and procedures would take approximately 500 hours of an assistant attorney general. The civil bureau would also be responsible for defending any civil litigation against state agencies or state employees resulting from this law. Lastly, the administrative prosecutions unit may incur costs if violations of this bill results in complaints before a professional licensing board. The unit is responsible for investigating and prosecuting complaints filed before a professional licensing board. The Department is not able to estimate the number and nature of allegations that would arise as a result of this bill to determine the fiscal impact.

    The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.

    The Legislative Branch would have expenditures of $2,063 in FY 2010 related to the copying and distributing of copies of this bill to the identified parties if it were to become law.