Harper v. Healthsource New Hampshire

In Harper v. Healthsource New Hampshire (1996) 140 N.H. 770 674 A.2d 962, the New Hampshire Supreme Court held that the provision was unenforceable if it violated the implied duty of good faith and fair dealing or was otherwise contrary to public policy. (Harper, supra, at p. 966.) In Harper, the court explained: "A terminated physician is entitled to review of the termination decision under this standard, whether the termination was for cause, or without cause. This rule does not eliminate a health maintenance organization's contractual right to terminate its relationship with a physician without cause. If a physician's relationship, however, is terminated without cause and the physician believes that the decision to terminate was, in truth, made in bad faith or based upon some factor that would render the decision contrary to public policy, then the physician is entitled to review of the decision. Harper is entitled to proceed upon the merits of his claim that Healthsource's decision to terminate its relationship with him was made in bad faith or violated public policy." (Harper, supra, 674 A.2d at p. 966.)