SB 613 New Hampshire Senate · 2026 Regular Session

relative to licensing requirements for health care facilities established within a 15 mile radius of a critical access hospital and relative to transfers from freestanding hospital emergency facilities.

SB 613 requires new health care facilities (like ambulatory surgical centers, walk-in care centers, or dialysis centers) planning to operate within 15 miles of a critical access hospital to provide written notice to that hospital. The notice, sent by certified mail, must describe the facility and its services before opening. This bill adds a notification step to current licensing requirements but does not alter facility approval standards or restrict new facilities. It directly affects health care providers seeking to establish services near existing critical access hospitals.
Bill status passed 3 of 5 stages cleared
Introduction
Nov 2025
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Nov 25, 2025 Last action Mar 26, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced As Amended by the Senate · 5 edits
MODERATE
The Senate amendment significantly expanded SB 613 beyond its original narrow focus on notice requirements for new facilities near critical access hospitals. It added an entirely new regulatory framework governing patient transfers from freestanding hospital emergency facilities (FHEFs), establishing transfer standards, definitions, and prohibited practices aimed at preventing large hospital systems from using their freestanding ERs to funnel patients exclusively to their own parent hospitals rather than to the closest clinically appropriate facility.
SCOPE

The bill's title and scope were expanded to cover not just licensing notice requirements near critical access hospitals, but also transfers from freestanding hospital emergency facilities. The act name now applies only to sections 1 and 2 rather than the entire bill.

A new Section 3 states the purpose of the transfer provisions: to protect patient safety and continuity of care, ensure transfers are based on clinical appropriateness and regional access, and prevent practices that undermine community hospitals through coercive or exclusive transfer arrangements not clinically justified.

DEFINITION

New RSA 151:54 defines key terms: 'Freestanding hospital emergency facility' (FHEF) as a geographically separate ER affiliated with a parent hospital; 'Parent hospital' as the acute care hospital that owns/controls the FHEF; 'Clinically appropriate'; 'Transfer' (excluding discharge to home or non-emergent referrals); and 'Medically necessary.'

REQUIREMENT

New RSA 151:55 establishes transfer standards: transfers must be based primarily on clinical appropriateness, patient safety, continuity of care, and patient choice; patients must be informed of available clinically appropriate receiving hospitals; no facility can condition treatment or transfer on selecting a hospital based on ownership or affiliation; if the patient cannot participate in selection, transfer must follow state trauma/stroke/specialty systems, federal and state emergency law, and the patient's medical condition.

ENFORCEMENT

New RSA 151:56 prohibits FHEFs (and their owners/operators) from engaging in materially misleading communication or coercive conduct to direct patient transfers to an affiliated or parent hospital when another clinically appropriate hospital is reasonably available. The analysis also notes the state gains authority to enforce violations.

Floor votes

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Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
3
Mar 26, 2026
Upper · Passed
Ought to Pass with Amendment #2026-1177s, MA, VV; 03/26/2026; SJ 7
upper
Mar 26, 2026
Upper · Passed
Committee Amendment # 2026-1177s, AA, VV; 03/26/2026; SJ 7
upper
Mar 13, 2026
Upper · Passed
Committee Report: Ought to Pass with Amendment # 2026-1177s, 03/26/2026; Vote 5-0; CC; SC 11
upper
Nov 25, 2025
Introduced
Introduced 01/07/2026 and Referred to Health and Human Services; SJ 1
upper
0 primary · 8 co-sponsors

Sponsors

No sponsor information available.