Bill Text - HB378 (2009)

(New Title) relative to fees for methadone detoxification and maintenance programs.


Revision: June 25, 2009, midnight

HB 378-FN-A – VERSION ADOPTED BY BOTH BODIES

24Mar2009… 0900h

05/13/09 1559s

24Jun2009… 2222cofc

2009 SESSION

09-0567

10/01

HOUSE BILL 378-FN-A

AN ACT relative to fees for methadone detoxification and maintenance programs.

SPONSORS: Rep. Nordgren, Graf 9; Rep. Harding, Graf 11; Sen. Sgambati, Dist 4

COMMITTEE: Ways and Means

AMENDED ANALYSIS

This bill establishes fees the department of health and human services shall collect for certification and administration of providers of methadone detoxification and maintenance programs. The bill also clarifies criteria for certifying such programs in this state and requires the commissioner of health and human services to make an annual report.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0900h

05/13/09 1559s

24Jun2009… 2222cofc

09-0567

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to fees for methadone detoxification and maintenance programs.

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

1 Controlled Drugs; Professional Use; State Methadone Authority. Amend RSA 318-B:10, VII(b) to read as follows:

(b) The commissioner of the department of health and human services shall[, on or before June 30, 2001,] adopt and have in effect rules, pursuant to RSA 541-A, relative to methadone detoxification and [methadone] maintenance programs as follows:

(1) Application procedure and standards for approval for certification and re-certification of providers to operate methadone detoxification and [methadone] maintenance programs, including certification period, for each type of certification. The department shall utilize accreditation reports obtained from national accreditation bodies that are approved by the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration in certifying methadone detoxification and maintenance programs in New Hampshire.

(2) Eligibility of individuals for admission to such programs.

(3) Qualifications of program personnel.

(4) Program content, including, but not limited to, services to be offered by the program.

(5) Mandatory records and reports to the department.

(6) Security measures to prevent diversion of methadone to illegal use.

(7) Confidentiality and disclosure of identifying information, records and reports.

(8) Financial responsibility.

(9) Any other provisions necessary to implement the purposes of this paragraph.

2 New Subparagraphs; Controlled Drugs; State Methadone Authority; Fees for Providers; Reports. Amend RSA 318-B:10, VII by inserting after subparagraph (e) the following new subparagraphs:

(f) The department shall assess a fee to be paid by providers of methadone detoxification and maintenance programs for certification and administration by the department. The fee shall be $8 per client based on the annual client census of the previous calendar year. If the provider had no clients in the previous calendar year, then the fee shall be $1,000. All moneys collected by the department from fees authorized under this subparagraph shall be deposited into the general fund.

(g) The commissioner of the department of health and human services shall report by July 31, 2010, and each July 31 thereafter, to the chairpersons of the house and senate ways and means committees, the house and senate committees having jurisdiction over health and human services, and the oversight committee on health and human services under RSA 126-A:13, on the number of methadone detoxification and maintenance program clinics licensed under RSA 318-B:10, VII, the number of clients, the average annual census data, the amount of fees assessed providers, and any recommendations for changes to the fee structure.

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

LBAO

09-0567

Amended 06/02/09

HB 378 FISCAL NOTE

AN ACT relative to fees for methadone detoxification and maintenance programs.

FISCAL IMPACT:

      The Department of Health and Human Services states this bill, as amended by the Senate (Amendment #2009-1559s), would increase state general fund revenue by approximately $4,000 in FY 2010 and each year thereafter. This bill would have no fiscal impact on state, county, and local expenditures, or county and local revenue.

METHODOLOGY:

    The Department of Health and Human Services states this bill will allow the Department to collect fees to cover the costs of licensing and administration of methadone maintenance and detoxification facilities. These programs are private entities and do not receive funding from the Department, however, RSA 172:8 requires DHHS to certify these programs as provided under administrative rules. Currently, approximately 25 percent of an Administrator I position (LG 27) is devoted to this activity. The total salary and benefit costs associated with the existing position is $100,046, of which 25% is approximately $25,012. The bill limits fees to no more than $500 per year for application, certification and other fees. There are currently 8 methadone provider sites in operation and thus the maximum fees that could be collected would total approximately $4,000 annually (8 sites X $500 fee).