N.H. Admin. Code § Cla 302.01

Current through Register No. 50, December 12, 2024

Section Cla 302.01 - Scope

(a) This chapter shall apply to monetary claims which:

(1) Are of the following types:

a.Claims not exceeding $50,000, with the exception of :

1.The following types of claims without reference to the sum claimed:

(i) Workers' compensation claims;

(ii) Unemployment compensation claims; and

(iii) Claims in eminent domain proceedings;

2.Claims against the department of corrections for less than $500; and

3.Claims against New Hampshire hospital for less than $500;

b.Claims described in RSA 541-B:21 arising out of incidents occurring after July 1, 1988 in clinical services provided to the department of health and human services; and

c.Claims described in RSA 541-B:21-a arising out of incidents occurring after June 21, 2000 in clinical services provided to the department of corrections;

(2) Are brought within 3 years of the date of the alleged:

a.Bodily injury;

b.Personal injury;

c.Property damage; or

d.Wrongful death resulting from bodily injury; and

(3) Are not subject to the following exceptions set forth in RSA 541-B:19:

a.Claims based upon the exercise of a legislative or judicial function;

b.Claims based upon an act or omission of a state officer, employee or official when such officer, employee or official is exercising due care in the execution of any statute or administrative rule;

c.Claims based upon the exercise or performance or the failure to exercise or perform a discretionary executive or planning function or duty on the part of:

1.The state;

2.Any state agency; or

3.A state officer, employee or official acting within the scope of his or her office or employment; and

d.Claims arising out of an intentional tort, including assault, battery, false imprisonment, false arrest, intentional mental distress, malicious prosecution, malicious abuse of process, libel, slander, misrepresentation, deceit, invasion of privacy, interference with advantageous relations, or interference with contractual relations, provided that:

1.The employee whose conduct gives rise to the claim reasonably believed at the time of the acts or omissions complained of, that the employee's conduct was lawful; and

2.The acts complained of were within the scope of official duties of the employee.

(b) The claims of a claimant's insurer for reimbursement of the sum paid to a claimant and of the claimant for the related deductible sum shall be separate claims.

N.H. Admin. Code § Cla 302.01

#8511, eff 12-09-05