HB 1071 New Hampshire House · 2026 Regular Session

repealing immunity afforded health care facilities when following directives adopted in response to the COVID-19 state of emergency.

HB 1071 repeals a legal immunity that previously protected healthcare facilities (like hospitals and clinics) when they followed rules or orders issued during New Hampshire's COVID-19 state of emergency. This bill specifically removes the immunity provision found in RSA 21-P:42-a, meaning facilities could now face legal liability for actions taken under those emergency directives. The repeal takes effect upon the bill's passage, directly affecting healthcare providers that operated under pandemic-era mandates. It makes no new rules but changes the legal landscape for facilities complying with past emergency orders.
Bill status failed 3 of 5 stages cleared
Introduction
Nov 2025
Committee Review
May 2026
House Passage
Mar 2026
Senate Passage
Governor
Introduced Nov 12, 2025 Last action May 8, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced As Amended by the House · 2 edits
MINOR
The House amendment adds two new sections to HB 1071 that preserve existing immunity for health care facilities and other entities that already complied with rules or orders issued during the COVID-19 state of emergency. The original bill simply repealed the immunity provision (RSA 21-P:42-a) without addressing what happens to people who had already relied on it. The amendment makes the repeal prospective only, so it does not retroactively strip immunity from past conduct.
Scope change
The bill's scope narrowed from a blanket repeal of immunity to a prospective-only repeal. The amendment ensures the repeal does not retroactively affect past conduct, effectively grandfathering in all existing immunity claims that were valid under RSA 21-P:42-a before the repeal date.
SCOPE

A new 'Statement of Intent' section was added stating that any person or entity that complied with rules or orders issued under RSA 21-P:42-a retains immunity from prosecution even after the repeal takes effect.

A new 'Applicability' section was added specifying that the repeal applies only to actions or omissions occurring after the effective date, and explicitly states it does not remove immunity for anyone who was already entitled to it before the act took effect.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
13
Key actions
3
Committee
4
Amendments
1
May 6, 2026
Committee
Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 05/14/2026; SC 18
upper
Mar 17, 2026
Introduced
Introduced 03/12/2026 and Referred to Health and Human Services; SJ 7
upper
Mar 11, 2026
Lower · Passed
Ought to Pass with Amendment 2026-1006h: MA DV 183-146 03/11/2026 HJ 7 P. 182
lower
Mar 11, 2026
Introduced
Amendment # 2026-1006h: AA VV 03/11/2026 HJ 7 P. 182
lower
Mar 4, 2026
Lower · Passed
Minority Committee Report: Inexpedient to Legislate
lower
Mar 4, 2026
Lower · Passed
Majority Committee Report: Ought to Pass with Amendment # 2026-1006h 03/04/2026 (Vote 10-8; RC) HC 10 P. 49
lower
Nov 12, 2025
Introduced
Introduced 01/07/2026 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 5
lower
1 primary · 7 co-sponsors

Sponsors