CONCORD, NH – A $100 million settlement fund to compensate children who were sexually and physically abused while incarcerated by the state moved one step closer to passage Tuesday, but counsel to the 500 plus victims opposes it.
The House Finance Committee voted to recommend the full House support House Bill 1677 as amended. The vote was 18-1.
State Rep. Katherine Rogers, D-Concord, said it is “a good bill but it could be better,” by including those inflicted with emotional abuse and unlawful confinement. She was the lone dissenting vote.
Rep. Karen Umberger, R-Conway, and chair of the committee said the bill caps at $150,000 settlements for those who were physically abused and $1.5 million for those who were sexually abused at the state’s Youth Development Center, now called the Sununu Youth Services Center, or any place where the state has incarcerated youths.
The amended bill creates an exemption from the right-to-know law for all records related to the administration and settlement of abuse claims.
David Vicinanzo, who is counsel to the victims and former First Assistant U.S. Attorney in Concord, said after the meeting in an email that he is opposed to the bill.
“We are not there yet,” Vicinanzo said. “The State acted as a moral leader when it forced the Diocese and St. Paul’s School to admit their wrongdoing and make the healing of their child victims the heart of the remediation process.
“Now that we know that the State itself engaged in much worse conduct, it still is minimizing the horror by trying to pay as little as possible to as few victims possible. Even worse, it is plainly trying to take advantage of the more financially desperate among the survivors by inducing them to take a quick ‘pennies on the dollar’ to give up their much more valuable claims.
“That defense lawyer tactic is unworthy of the State and won’t work here. I believe that, with more work and greater empathy for the victims, the State will eventually achieve a process that will be trusted by the brave child survivors who have come forward, and that the reputation and integrity of our State will be restored. We will all be proud of New Hampshire when that happens,” Vicinanzo said.
Attending the executive session on the amended bill was Attorney General John Formella who has supported the idea of the creation of the fund.
Rogers added she also did not like the fact that the bill caps settlements, noting court settlements for such matters have had far larger awards.
Umberger, citing the countless hours spent working on the bill, noted the goal is to provide an alternative way to settle cases than going to court.
The process established with the amendment is that a claimant can bring a claim to the Attorney General’s designee who will determine what sort of settlement there will be.
If the claimant accepts the position, she said, “We are very happy. If they don’t they can withdraw and go to an administrator…and then that person will decide what the final award will be.”
She noted that Rep. Mary Jane Wallner, D-Concord, has insisted that settlements come to the Joint Legislative Fiscal Committee for approval.
“We felt that because this is dealing with money and awards, how this system works, this would be an appropriate place because it involves both the House and Senate,” she said.
“Finally, I will say that we did set aside $100 million for settlements (in the current budget) and hopefully it will …cover it. If it doesn’t sometime in the future, the attorney general has the option of coming back to the legislature for additional funds. But we are hoping against hope that $100 million will cover the cost of these claimants out there.”
ADULT DENTAL UNDER MEDICAID
The committee also supported House Bill 103, to expand Medicaid to allow for some adult dental benefits.
Rep. Jesse Edwards, R-Auburn, said the bill attempts to bridge two points of view with one that believes the state should not be in a position to continually expand Medicaid due to cost to taxpayers and those that believe it is essential medical help that will lead to healthier outcomes in the end.
“We are trying to say yes, in a way that recognizes some core principles,” he said, noting that one is that individuals are responsible for their own oral health. The bill establishes a co-pay which he said is a fairness issue given that all who have dental insurance have one as well.
On dentures, those eligible in the bill are people in long-term nursing and developmentally disabled. There is a cap at $1,500 per procedure and he said there has been a settlement fund found that can help.
Through the Centene settlement the committee is proposing $18.4 million from it be earmarked for such help.
In January, the state came to a $21.1 million settlement with the Missouri-based company over inaccurate reporting of pharmacy benefits costs.
The measure passed the committee 14-5.
The committee recommended the House kill two other bills.
The bills are House Bill 1054 requiring an audit of the state police, which members said is not needed as one was done recently, and House Bill 1300 making an appropriation to fund the Ash Landfill in Newport.
