By GARRY RAYNO, InDepthNH.org
MANCHESTER — The House Thursday passed bills that would add exemptions to the state’s new 24-week abortion ban passed last year and extended the COVID-19 vaccination exemption to state and county health care facilities despite warnings of the loss of hundreds of millions of dollars of federal money and facility certification.
The change to the “medical freedom” law passed last year, to remove the exemption for public health-care facilities, passed by two votes. An amendment to the bill had a tie vote until House Speaker Sherman Packard voted for it, one of two votes he had to make Thursday to break ties.
The House also initially approved a cost of living increase for public retirees of five years or more and a change in the determination of benefits for Group II or law enforcement and firefighters in the state retirement system.
But they failed to pass enhancing the state Medicaid system by covering women and newborn babies beyond the current 60-day postpartum period and to provide coverage for new immigrants and refugees.
Abortion
The House overturned its Health and Human Services Committee report and approved a bill that would add exceptions for rape, incest, and fetal anomalies to the state’s new law that went into affect Jan. 1 banning abortions after the 23rd week of pregnancy. HB 1609 also enhances the exemption for the life of the mother, and adds data collection for abortions performed in New Hampshire after 24 weeks.
The bill removes the mandate for an ultrasound prior to any abortion.
Supporters of the changes said the exceptions will allow a person to make what are exceptionally difficult decisions with the advise of her doctor and or others.
Rep. Lucy Weber, D-Walpole, said rape and incest and fetal anomalies that are incompatible with life are among the most painful situations an individual or family will face.
“People of conscience and of deep faith may come to different conclusions when faced with those decisions,” Weber said. “This preserves the right for every person to make the decision herself in consultation with their medical advisor.”
But supporters of changing only the ultrasound provisions said many states have similar bills and have had them for many years.
Rep. Mark Pearson, R-Hampstead, said a victim of rape or incest is more likely to take a morning after pill instead of waiting for 23 weeks to decide to abort, and he said women who have been told their fetus has fetal anomalies have given birth to perfectly normal babies.
He said changes should only be made in the law after it has been in place for awhile, and he said the bill does not attack medical providers as many assume all physicians perform abortions, when many do not.
The House voted down an amendment that stripped the exemptions from the bill, and instead clarified that an ultrasound would not be mandatory for any abortion.
A vote to table the bill tied 176-176, with Speaker Packard casting the deciding vote to table. However, it was later taken off the table on a 178-175 vote before it was approved on a 179-174 vote.
The bill was referred to the House Finance Committee before the House takes a final vote on the bill.
After the vote, Kayla Montgomery, Vice President of Public Affairs for Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund, said the vote was a reaction to the outcry over the new law.
“Granite State women and families who find themselves in complex circumstances surrounding pregnancy, like a fatal fetal diagnosis or a pregnancy as a result of rape or incest, deserve our compassion and support – not shame and certainly not arbitrary bans on abortion care,” Montgomery said. “We thank the bipartisan lawmakers who voted in favor of HB 1609 today and urge the Legislature to move this bill forward.”
Vaccines
House Bill 1604 would allow workers at state and county medical facilities to claim an exemption to federal vaccine mandates required for health care workers at public facilities that receive Medicaid and Medicare funds.
The change would affect the New Hampshire Hospital, the Glencliff Home for the Elderly, and county nursing homes.
Supporters of the bill argued it would simply extend the provisions of last year’s law to state and county facilities and add the exemption for conscientious objection to the vaccine.
They said the Center for Medicaid and Medicare Services has not tried to block federal reimbursement for states that have passed similar exemptions, like Florida and Arkansas.
And they argued the state constitution includes the matter of conscience as an inalienable right that must be considered.
Rep. Leah Cushman, R-Weare, said lawmakers need to ensure vaccine mandates no longer happen at state medical facilities.
“We have a right to bodily autonomy,” Cushman said, “and that needs to be protected for everyone.”
She and others noted that the vaccine mandate would leave many of the facilities shorter staffed than they already are.
But Rep. Jerry Knirk, D-Freedom, argued the bill would conflict with CMS mandates which could lead to the loss of federal matching funds for Medicaid and Medicare services, and could lead to the nursing homes losing certification which would also mean private insurance companies would not pay for services.
“The state would need to backfill $200 million annually,” Knirk said, noting vaccine mandates are quite common in medical facilities and provide the greatest safety for patients.
And he said the US Supreme Court has made it clear, in its ruling staying a lower court decision blocking the mandate, that it would uphold the mandate if the appeal officially reaches the court
An amendment to the bill to align it more with federal requirements passed 174-173 with Packard having to cast the deciding vote. The bill as amended was approved on a 176-174 vote and referred to the House Finance Committee.
Retirement System
The House gave initial approval to two bills that would impact the state retirement system.
House Bill 1539 would grant a 1.5 percent cost-of-living increase in the benefits for retirees with at least five year of benefits by July 1.
The bill was referred to the House Finance Committee before a final vote.
House Bill 1587 would change how benefits are calculated for Group II or law enforcement and fire personnel. The bill would count the first five years of service when calculating a retiree’s benefit. Currently the first five years of contributions are not considered when calculating a retirees future benefits.
Some opposed the change saying it treats Group II members differently than those in Group I, which includes all other retirement system members.
The bill was approved on a 232-113 vote and was also referred to Finance for review.
Littering
The House passed House Bill 1261 which would increase the fines for littering to $300 for the first offense and $500 for subsequent offenses.
The bill was referred to the House Criminal Justice and Public Safety Committee.
5G
House Bill 1644 was sent to interim study on a 245-104 vote. The bill would have established limits on new 5G towers for cell phone systems, following a commission that studied the roll out of the latest technology.
Some argued sending the bill for more study would be too late because the polls may be on “every block.”
But others said more information is needed to make an informed decision.
Driver’s Ed
The House tabled House Bill 1208 which would allow parents to teach their child how to drive and bypass the current system requiring a certified driving teacher.
A tabled bill going to a second committee as this one would is, needs to be acted on by Feb. 24 or it will require a two-thirds majority to remove it from the table, essentially killing the bill.
The House killed:
House Bill 1207, to require employers to give workers time off to vote and House Bill 1538 to pay federal prevailing wages on state construction projects.
Garry Rayno may be reached at garry.rayno@yahoo.com.
