A coalition of more than 200 healthcare providers and policyholders has gone to court, saying the state has no right to take a $110 million surplus from a New Hampshire fund that underwrites malpractice insurance and use it for other purposes in the state budget.
The dispute is over a malpractice insurance account that’s been funded by doctors, nurse-practitioners, hospitals, nursing homes and others. The group says the Medical Malpractice Joint Underwriting Association must return any surplus funds to policyholders, but hasn’t done so.
The state disagrees, saying any surplus from the state-created fund can go toward for healthcare programs.
The money is an important piece of Gov. John Lynch’s plan to balance the budget.
The group filed for a preliminary injunction in Belknap County Superior Court.
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