Best Health Care Lawyers in New Hampshire

About Health Care Law in New Hampshire, United States

Health care law in New Hampshire encompasses a broad range of issues that affect individuals, providers, and organizations in the health sector. This field covers topics such as patient rights, access to medical services, privacy of health information, health insurance, Medicaid and Medicare, and compliance with both federal and state regulations. New Hampshire has its own healthcare statutes and regulations, which work in conjunction with federal laws to govern how health care is delivered and administered throughout the state. Staying informed about your rights and obligations under these laws is essential when navigating the health care system in New Hampshire.

Why You May Need a Lawyer

There are many situations in which individuals, families, or healthcare professionals may need legal advice in the field of health care. Some of the most common scenarios include:

• Disputes with health insurance companies over coverage or denied claims
• Handling issues related to Medicaid, Medicare, or New Hampshire's state-specific health programs
• Defending against or pursuing medical malpractice claims
• Understanding patient rights or securing access to necessary medical treatments
• Addressing privacy concerns or violations under HIPAA and state privacy laws
• Resolving billing disputes or allegations of healthcare fraud
• Guidance for healthcare providers on compliance with licensing or regulatory matters
• Creating and understanding advance directives, living wills, or guardianship arrangements

An experienced health care lawyer can help you interpret complex regulations, advocate for your interests, and ensure you are in compliance with state and federal laws.

Local Laws Overview

New Hampshire health care law operates under a mix of federal and state regulations, with several key statutes and agencies playing vital roles. The New Hampshire Department of Health and Human Services (DHHS) oversees many aspects of health programs, including Medicaid, mental health services, and public health initiatives. State laws address the licensing and regulation of health care providers and facilities, establish patient rights, and set forth protocols for involuntary admissions to hospitals and mental health facilities. New Hampshire also participates in the federal Affordable Care Act, but has its own marketplace for health insurance. Privacy of medical records is protected both by HIPAA and New Hampshire's own privacy statutes. The state has unique rules concerning end-of-life care and surrogate decision-making, as well as regulatory requirements for telemedicine services.

Frequently Asked Questions

What are my rights as a patient in New Hampshire?

Patients in New Hampshire have rights to privacy, informed consent, access to medical records, and respectful and competent care. State statutes also protect the right to create advance directives and to refuse treatment in most circumstances.

How do I challenge a health insurance claim denial?

If your insurance provider denies a claim, you have the right to file an appeal. New Hampshire regulations require insurers to provide reasons for denials in writing, and you are entitled to an internal and external review process.

What is the statute of limitations for medical malpractice in New Hampshire?

Generally, the statute of limitations for filing a medical malpractice lawsuit in New Hampshire is two years from the date the injury was discovered or reasonably should have been discovered, but no more than three years from the date of the alleged malpractice, with some exceptions.

How can I access my medical records?

Under both state and federal law, you have the right to obtain copies of your medical records maintained by any health care provider in New Hampshire. Providers must comply with your request within a reasonable period, often within 30 days.

What is Medicaid Expansion in New Hampshire?

New Hampshire expanded Medicaid under the Affordable Care Act, broadening access to low-income individuals and families. The program, called the Granite Advantage Health Care Program, covers additional residents beyond traditional Medicaid limits.

Do I have to carry health insurance in New Hampshire?

While there is no state-level requirement to carry health insurance as of now, federal requirements may still apply in certain contexts, and health insurance may be necessary to avoid significant out-of-pocket costs.

How is mental health treated under New Hampshire law?

New Hampshire provides for involuntary admission in certain severe mental health situations, with legal procedures to protect patient rights. State law also requires many health insurance policies to offer mental health coverage.

What privacy laws protect my health information?

Your health information is protected by the federal HIPAA law and by specific New Hampshire privacy statutes that sometimes provide even more protections regarding release and access of medical information.

Can I create an advance directive in New Hampshire?

Yes, New Hampshire law allows individuals to create advance directives, such as living wills and durable powers of attorney for health care, to guide medical decisions if you become unable to make them yourself.

What is telemedicine and is it legal in New Hampshire?

Telemedicine refers to the remote delivery of health care services using technology. New Hampshire law regulates telemedicine and generally allows it as long as providers comply with specific state licensing, privacy, and standard-of-care requirements.

Additional Resources

For those seeking further information or assistance related to health care law in New Hampshire, the following resources may be helpful:

• New Hampshire Department of Health and Human Services (DHHS)
• New Hampshire Insurance Department
• Office of the Long-Term Care Ombudsman
• New Hampshire Legal Assistance (NHLA)
• New Hampshire Medical Society

Additionally, several national organizations, such as the Centers for Medicare & Medicaid Services (CMS) and local branches of the American Civil Liberties Union (ACLU), offer guidance and support specific to health care rights and compliance.

Next Steps

If you need legal assistance concerning a health care issue in New Hampshire, start by gathering all relevant documents related to your situation, such as insurance policies, medical records, and written communications. Next, consider reaching out to local legal aid organizations, the New Hampshire Bar Association’s lawyer referral service, or specialized attorneys with health care experience. Prepare to discuss your situation clearly, listing important dates and details. Finally, follow your attorney’s advice on next steps, which may include negotiation, formal appeals, or, if necessary, legal proceedings. Taking these steps early can help protect your rights and ensure the best possible outcome in your health care legal matter.