Protect Private Property


In 2009, Governor Lynch and primarily Democratic legislators passed a law which attempted to take $110 million from a privately funded medical malpractice fund. The state never contributed any money to this fund. All the monies were paid by healthcare providers from around the state. The New Hampshire Supreme Court held that law unconstitutional because it violated the vested property rights of the policyholders (Click here to see court opinion). Governor Lynch has refused to obey this law and continues efforts to take these funds from the owners. Many citizens and organizations fearful of this unconstitutional assualt on private property have provided important support to the JUA policyholders. This site recognizes these efforts.

Saturday, October 9, 2010

Senator Reynolds Comments on the JUA Surplus

Citizen.com - Laconia NH, Dover NH, Rochester NH, Portsmouth NH, Sanford ME

Senator Reynolds, Senate District 2, has not signed the Protect Private Property Pledge and indeed voted to take the JUA surplus funds. Her opponent, Jeannie Forrester, has signed the pledge (Thank you Ms. Forrester). All policyholders want to protect the JUA. But they also want their vested rights protected and not allow the Insurance Commissioner and Governor to re-write the contracts to confer "phantom" benefits. Let's hope that Senator Reynold's view continues to evolve and she appreciates and takes action to prevent further constitutional violations against policyholders....

From the Citizen:

As to the New Hampshire Medical Malpractice Joint Underwriting Association Plan, from which Lynch is attempting to remove $110 million in surplus and transfer it into the general fund, Reynolds said the policy holders, foremost among them LRGHealthcare, should proceed cautiously.

The policy holders have criticized Lynch for taking the money they say belongs to them. The N.H. Supreme Court agreed with the policy holders but Lynch continues to pursue regulatory changes that would allow the money to come into state coffers where he feels it belongs.

Reynolds said she reviewed the state's legal case for taking the JUA money and said it appeared sound. She said if the money is declared to be a dividend, then the Internal Revenue Service might want to tax it. There is an ongoing legislative effort to eliminate the tax consequence, Reynolds said, adding, "It's important to protect the fund and the policy holders, too."