HB 389 – AS INTRODUCED
2007 SESSION
01/10
HOUSE BILL 389
AN ACT establishing a commission to study long-term care oversight and enforcement.
SPONSORS: Rep. Irwin, Hills 3; Rep. Emerson, Ches 7; Rep. Carolyn Brown, Carr 1; Rep. Wendelboe, Belk 1
COMMITTEE: Health, Human Services and Elderly Affairs
This bill establishes a commission to study long-term care oversight and enforcement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0606
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT establishing a commission to study long-term care oversight and enforcement.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. The general court recognizes the importance of appropriate and adequate long-term care and recognizes that under the Omnibus Budget Reconciliation Act of 1987, the federal government issued implementing regulations and guidance for the oversight and improvement of long-term care. Therefore, it is the intent of this act to review and assess the role of the department of health and human services in ensuring the accurate and effective implementation of state and federal regulations and in promoting the quality and improvement of long-term care.
2 Commission Established. There is established a commission to study long-term care oversight and enforcement.
3 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) The commissioner of the department of health and human services, or designee.
(d) Two owners, operators, or representatives of long-term care facilities, appointed by the governor.
(e) Two public members, appointed by the governor.
II. The commission shall solicit information from an organization providing hospice care, the long-term care ombudsman, the New Hampshire board of nursing, and any other person or entity the commission deems relevant to its study.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
4 Duties. The commission shall:
I. Examine the process of enforcement of relevant regulations.
II. Review the training, experience requirements, and performance of regulatory staff including supervision plans, methods, and frequency.
III. Review the effectiveness of enforcement, degree of compliance, and the performance of facilities in advancing the intent of long-term care regulations.
5 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.
6 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2007.
7 Effective Date. This act shall take effect upon its passage.