Bill Text - HB1121 (2006)

(New Title) establishing a committee to study rulemaking and licensure issues relative to assisted living and residential care.


Revision: Jan. 21, 2010, midnight

HB 1121-LOCAL – AS AMENDED BY THE SENATE

01Feb2006… 0431h

05/04/06 2183s

2006 SESSION

06-2859

01/10

HOUSE BILL 1121-LOCAL

AN ACT establishing a commission to study certain issues related to health and human services.

SPONSORS: Rep. MacKay, Merr 11; Rep. Pilliod, Belk 5; Rep. Hogancamp, Ches 4; Rep. Emerson, Ches 7; Sen. Martel, Dist 18

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill studies certain issues related to health and human services, including issues related to assisted living and residential care, health care costs, and Medicaid reimbursement rates.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01Feb2006… 0431h

05/04/06 2183s

06-2859

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing a commission to study certain issues related to health and human services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Commission Established. There is established a commission to study certain issues related to health and human services.

2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the senate, appointed by the president of the senate, at least one of whom shall be a member of the committee on health and human services.

(b) Four members of the house of representatives, appointed by the speaker of the house of representatives, at least one of whom shall be a member of the committee on health, human services and elderly affairs.

(c) The commissioner of the department of health and human services, or designee.

(d) The attorney general, or designee.

(e) The governor, or designee.

(f) Any members identified in paragraphs II and III.

II. For purposes of section 3, paragraph IV, relative to health care costs, the commission shall include:

(a) The insurance commissioner, or designee.

(b) One member of the Endowment for Health, Inc., appointed by such organization.

(c) One member of the Business and Industry Association of New Hampshire, appointed by such association.

(d) A representative of the insurance industry, appointed by the governor.

(e) One member of the New Hampshire Hospital Association, appointed by such association.

(f) One member of the New Hampshire Medical Society, appointed by such society.

(g) One member of the New Hampshire Trial Lawyers Association, appointed by such association.

(h) Three members of chambers of commerce, one appointed by the speaker of the house of representatives, one appointed by the president of the senate, and one appointed by the governor, all appointed in a manner to provide diverse geographical representation.

(i) A representative of Dartmouth-Hitchcock Medical Center, appointed by the Center.

(j) The director of the New Hampshire Institute of Health Policy and Practice at the university of New Hampshire.

(k) One member of the Retail Merchants Association of New Hampshire, appointed by such association.

(l) A representative of the Professional Firefighters of New Hampshire, appointed by such association.

(m) A representative of the New Hampshire Health Care Association, appointed by such association.

III. For purposes of section 3, paragraph VI, relative to Medicaid reimbursement rates, the commission shall include:

(a) The director of the office of medicaid business and policy, department of health and human services.

(b) A representative of the Home Care Association of New Hampshire, appointed by that association.

(c) A representative of the New Hampshire Health Care Association, appointed by the association.

(d) A representative of the New Hampshire Hospital Association, appointed by the association.

(e) A representative of the New Hampshire Association of Counties, appointed by the association.

IV. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

3 Duties. The commission shall study:

I. The following issues relative to rulemaking and licensure of assisted living and residential care:

(a) Whether the definitions and description of residential care facilities and assisted living facilities under RSA 151:2, I(e) and elsewhere should be amended to add clarity and better reflect the current delivery of services of such care in New Hampshire.

(b) Whether the commissioner’s rulemaking authority under RSA 151:9 should be amended to give the commissioner different or specific instruction regarding the licensure of such facilities relative to levels of license classification.

(c) Whether any additional changes can be made to RSA 151 or any other statute relative to assisted living and residential care that would make the law more effective in providing clarity to consumers and providers relative to such care and the regulation of such care.

II. Factors contributing to rising health care costs including:

(a) Cost shifting associated with federal and state reimbursements.

(b) Cost shifting associated with providing care for the uninsured.

(c) Costs associated with medical malpractice insurance rates.

(d) Regional issues that may affect costs of providing health care.

(e) Hospital new construction costs and overhead costs for the past 5 years.

(f) Hospital new services and overhead costs for the past 5 years.

(g) Other areas that may affect the cost of providing health care.

III. Whether there is a need to conduct a statewide review of each unanticipated fatality and incident of serious injury to incapacitated adults and individuals 60 years of age or older. The commission shall also recommend a methodology for conducting such review.

IV. State Medicaid reimbursement rates, including the methodology for calculating reimbursement rates and a comparison with reimbursement rates in other states. The commission shall also assess whether New Hampshire’s reimbursement rates are too low and shall identify the consequences or risks associated with low reimbursement rates. The commission may also recommend changes to reimbursement amounts and to the rate-setting process based on its findings.

4 Chairperson; Quorum. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section.

5 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2006.

6 Effective Date. This act shall take effect upon its passage.

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