New Hampshire HB 1562: relative to licensing requirements for health care facilities that operate on a membership-based business model.

Bill Text

HB 1562-FN - AS AMENDED BY THE HOUSE

11Mar2026... 0415h

2026 SESSION

 26-2358

 05/08

HOUSE BILL 1562-FN

AN ACT relative to licensing requirements for health care facilities that operate on a membership-based business model.

SPONSORS: Rep. McLean, Hills. 15; Rep. Warden, Hills. 39; Rep. Mazur, Hills. 44; Rep. Ammon, Hills. 42; Rep. Kofalt, Hills. 32; Sen. Sullivan, Dist 18

COMMITTEE: Health, Human Services and Elderly Affairs

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AMENDED ANALYSIS

 This bill exempts direct-pay health care facilities from certain licensing requirements and policies in RSA 151:2-f. The bill also establishes a patient's bill of right for direct-pay facilities and directs the department of health and human services to study direct-pay models.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2026... 0415h 26-2358

 05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to licensing requirements for health care facilities that operate on a membership-based business model.

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

 1 Patients' Bill of Rights; Definitions; Direct Payment and Membership-Based Facilities. Amend RSA 151:19, II to read as follows: 

 II. "Facility" means any hospital, building, residence, or other place or part thereof, licensed under the provisions of RSA 151:2. For the purposes of RSA 151:21, RSA 151:25, and RSA 151:26, "facility" shall not include home health care providers, or private homes where home care services are provided. For the purposes of RSA 151:21, "facility" shall not include direct payment and membership-based facilities. 

 2 Patients' Bill of Rights; Definitions; Direct Payment and Membership-Based Facilities. Amend RSA 151:19, VI to read as follows: 

 VI. "Patients' rights" or "rights" means those rights established under RSA 151:21, [or] RSA 151:21-b, or RSA 151:21-c, as applicable.

 3 Residential Care and Health Facility Licensing; Policies Required. Amend RSA 151:2-f to read as follows:

 151:2-f Policies Required for Health Facilities and Special Health Care Service Licenses. 

 I. Every facility licensed under RSA 151:2, I(a) or (d) and every person holding a special health care service license under RSA 151:2-e shall:

 [I.] (a) Adopt and enforce a written policy to assure that the facility provides its services to all persons who require the services the facility provides regardless of the source of payment for the services provided to any person;

 [II.] (b) Adopt, publicize, and apply an assistance plan for persons who are uninsured or who do not have the financial resources to pay for the facility's services due to financial hardship;

 [III.] (c) Provide data to the commissioner of the department of health and human services regarding the volume, cost and outcomes of services provided in the facility; and 

 [IV.] (d) Pay fees under RSA 151:2-e, III to the commissioner of the department to cover the costs of administering the licensing of special health care services, the administration of the quality and patient safety requirements of this section, and the collection and analysis of the data collected under this section. 

 II. Subparagraph I(a) shall not apply to any facilities that operate on a membership-based business model or exclusively provide services to persons who make direct payment for services, and are not nursing homes, skilled nursing facilities, intermediate care facilities, or rehabilitation facilities, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services. For the purposes of this paragraph, a direct payment is one that is paid directly by the patient and is not reimbursed or otherwise paid by a third party.

 4 New Section; Residential Care and Health Facility Licensing; Patients' Bill of Rights for Direct Payment and Membership-Based Facilities. Amend RSA 151 by inserting after section 21-b the following new section:

 151:21-c Patients' Bill of Rights for Direct Payment and Membership-Based Facilities. The policy describing the rights and responsibilities of each patient admitted to a facility that operates on a membership-based business model or exclusively provides services to persons who make direct payment for services as defined in RSA 151:2-f, II, except those admitted by a home health care provider, shall include, as a minimum, the following:

 I. The patient shall be treated with consideration, respect, and full recognition of the patient's dignity and individuality, including privacy in treatment and personal care and inclu