Revision: March 1, 2010, midnight
HB 1170 – AS AMENDED BY THE HOUSE
10Feb2010… 0363h
2010 SESSION
01/10
HOUSE BILL 1170
AN ACT relative to licensure of home health care providers.
SPONSORS: Rep. Millham, Belk 5; Rep. Harding, Graf 11
COMMITTEE: Health, Human Services and Elderly Affairs
This bill clarifies the procedure for annual inspections of home health care agencies and home care service provider agencies.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Feb2010… 0363h
10-2490
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to licensure of home health care providers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Health Facility Licensure; Annual Inspections. RSA 151:6-a is repealed and reenacted to read as follows:
151:6-a Annual Inspection. The department of health and human services shall make at least one annual unannounced inspection of every facility licensed under this chapter, except home health care agencies and home care service provider agencies, which shall be inspected no less frequently than once every 24 months. The purpose of the inspection shall be to determine that the facility is in compliance with all provisions of this chapter, applicable rules adopted under this chapter, and all applicable codes. For residential care facilities, the inspection shall include a review of the programs and services offered in the facility to assure that the facility is in compliance with its current level of licensure, and a survey of the most recent individual resident needs determinations where such surveys are not done under the survey and certification process for Titles XVIII and XIX of the Social Security Act, as amended, to assure that the facility and its programs and services are appropriate to the needs of the residents. The department shall also conduct compliance monitoring visits as necessary to ensure that corrective action required to correct cited violations of this chapter or rules adopted under this chapter have been appropriately implemented. Inspection results shall be provided as a written report that identifies any noncompliance with this chapter, applicable rules adopted under this chapter, and any applicable codes. The results of this inspection and any later inspection shall be posted in a conspicuous place in the facility in the manner determined by the commissioner of the department of health and human services. The results so posted shall indicate the facilities and services inspected and the results for each such facility or service. This section shall not apply to facilities or entities that have deemed status under RSA 151:5-b. If a residential care facility, as referenced under RSA 151:9, VII(a)(l) or (2) or an adult day care program as referenced under RSA 151:2, I(f) has been inspected and is found to be deficiency-free for 2 consecutive years it shall be granted a one-year waiver from the provisions of this section and thereafter shall be inspected every other year; provided, that the facility remains deficiency-free when it is inspected, that the facility is not the subject of a founded complaint investigation under RSA 151:6, and the facility remains under the same administrator who is responsible for the day-to-day operation of the facility.
2 Effective Date. This act shall take effect upon its passage.
LBAO
10-2490 Amended 03/01/10
HB 1170 FISCAL NOTE
AN ACT relative to licensure of home health care providers.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the House (Amendment #2010-0363h), may decrease state expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue, or county and local expenditures
METHODOLOGY:
The Department of Health and Human Services states this bill clarifies that home health care providers licensed under RSA 151 and He-P 809, and home care service providers licensed under RSA 151 and He-P 822 only need to be inspected once every 24 months as opposed to annually as is the case under the current law. There are currently 107 licensed home health care providers and 77 licensed home care service providers in New Hampshire. If this bill passes, the state will likely realize an indeterminable cost savings, as the number of inspections of home health care providers and home health care service providers conducted each year will be reduced. This bill also waives the requirement for an annual inspection of adult day care programs if the program was deficiency free for a two year period, had no founded complaints during that period and did not have a change in administrators. This could result in some cost saving, but those savings will likely be minimal as it is anticipated that few such programs will meet the criteria for the waiver of the annual inspection. The exact fiscal impact cannot be determined at this time.