Failed bill would let emergency patients choose transfer hospitals

The proposed bill would let patients or their legal representatives choose a hospital for a medically needed transfer. This would apply at New Hampshire-licensed freestanding hospital emergency facilities. The chosen hospital must be able to meet the patient's needs. A facility could not direct transfers only to its parent hospital unless federal law requires it. If the patient cannot choose, the facility would arrange transfer to the closest appropriate hospital able to meet the patient's needs. The bill proposed taking effect upon passage.

The proposed bill would bar facilities and their owners or operators from steering transfers through insurance-based treatment or discharge conditions, misleading messages, or certain ambulance-provider agreements. These provisions would cover freestanding hospital emergency facilities and any entity that owns or operates one. The ambulance-provider restriction covers policies or contracts that require or encourage transfers only to an affiliated or parent hospital.

The proposed bill would require the health and human services commissioner to issue interim rules and adopt final rules by June 30, 2027. The rulemaking duty would fall to New Hampshire's health and human services commissioner. A pattern of violations would be referred to the Department of Justice and treated as an unfair or deceptive practice; remedies under the cited state law could be used to enforce the rules. Final rules would be due by June 30, 2027.