New Hampshire is dipping into its savings — rather than a fund that underwrites malpractice insurance — for $80 million to close the books on the fiscal year that ended June 30.
The state wanted to take $65 million from malpractice insurance fund to help close the budget hole, but the fund’s policyholders sued to block the removal. The state Supreme Court is considering the case but has not ruled.
The joint legislative Fiscal Committee approved transferring the money Friday to eliminate a deficit so the books can be closed.
That leaves the state with just under $10 million in savings.
The committee said if the state wins, it will ask the Legislature to put the $65 million back into savings.


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