SB 366-FN – AS INTRODUCED
2006 SESSION
01/09
SENATE BILL 366-FN
AN ACT relative to issues of conflicts of interest in the provision of long-term care services.
SPONSORS: Sen. Martel, Dist 18; Sen. Roberge, Dist 9; Rep. Pilotte, Hills 16; Rep. Berube, Straf 2; Rep. Infantine, Hills 13
COMMITTEE: Health and Human Services
This bill prohibits persons providing long-term care services from having substantial involvement in both a long-term care services agency and a home health care service or other long-term care service.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2670
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to issues of conflicts of interest in the provision of long-term care services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. Since the enactment of RSA 151-E, it has been the intent of the general court and the policy of this state to rebalance the long-term care system and expand choices available to long-term care services recipients. The purpose of this act is to continue the progress toward that goal by defining and prohibiting conflicts of interest that compromise client choice in the provision of long-term care services.
2 New Section; Conflicts of Interest; Definition; Disclosure Required. Amend RSA 151 by inserting after section 2-d the following new section:
151:2-e Conflicts of Interest; Definition; Disclosure Required.
I. No person who has a substantial involvement in both a long-term care services agency and a home health care service or other long-term care service such as adult day care, homemaker, home health aide, personal care services, or any other long-term care service, as defined by the department of health and human services by rule pursuant to RSA 541-A, shall simultaneously contract directly or indirectly, through a subsidiary, with a referral provider and/or resource center. All long-term care service providers licensed by the department of health and human services shall disclose to the department any interest where a conflict may exist.
II. For the purposes of this section, a “conflict of interest” means a situation in which a long-term care service provider has personal, business, financial, or professional interests that could potentially cause incompatible or opposing incentives or demands which interfere with, or are in conflict with, the care recipient’s desires, interests, or choice of service. A conflict of interest may occur when a long-term care service provider also provides home health care services or other long-term care services such as adult day care, homemaker, home health aide, personal care services or any other long-term care service, as defined by the department of health and human services, and simultaneously contracts directly or indirectly, through a subsidiary, a not-for-profit entity or other entity, as a long-term care information and referral provider and/or resource center or any other long-term care services which have the appearance of conflict, including a self referral.
3 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2670
12/13/05
SB 366-FN - FISCAL NOTE
AN ACT relative to issues of conflicts of interest in the provision of long-term care services.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Health and Human Services. The LBA has been waiting 3 weeks for the Department to reply. Bill introduction and scheduling commitments do not allow us to wait any longer. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.