HB 1499-FN – AS INTRODUCED
2010 SESSION
05/03
HOUSE BILL 1499-FN
AN ACT reducing the number of area agencies in the state.
SPONSORS: Rep. Swinford, Belk 5; Rep. Hogan, Hills 25; Rep. Groen, Straf 1
COMMITTEE: Health, Human Services and Elderly Affairs
This bill reduces the number of area agencies in the state from 12 to 4, and consolidates area agency management under one executive director.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2557
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT reducing the number of area agencies in the state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Services for the Developmentally Disabled; Definition of Area and Area Agency. Amend RSA 171-A:2, I-a and I-b to read as follows:
I-a. “Area” means [a geographic region] one of 4 geographic regions established by rules adopted by the commissioner for the purpose of providing services to developmentally disabled persons.
I-b. “Area agency” means [an entity] one of 4 entities established as a nonprofit corporation in the state of New Hampshire which is established by rules adopted by the commissioner to provide services to developmentally disabled persons in the area. One of the area agencies shall be located in Concord.
2 Area Agency Responsibilities and Operations. Amend RSA 171-A:18, I to read as follows:
I. The commissioner may designate by rules adopted pursuant to RSA 541-A for each [area] of the 4 areas one area agency which shall be responsible for administering area-wide programs and services for developmentally disabled persons. Each area agency so designated shall be the primary recipient of funds that may be dispensed by the commissioner for use in establishing, operating, or administering such programs and services. The programs and services for which an area agency is responsible include, but are not limited to, diagnosis and evaluation, service coordination, community living arrangements, employment and day services, and programs designed to enhance personal and social competence.
3 Area Agency Responsibilities and Operations. RSA 171-A:18, III and IV are repealed and reenacted to read as follows:
III. Each area board shall nominate an executive director, who shall be appointed by the commissioner and who shall serve as the executive director of the 4 area agencies. The office of the executive director shall be located in the Concord area agency. The executive director shall be responsible for coordinating the programs and services of the 4 area agencies to provide a cohesive, statewide network of programs and services for developmentally disabled persons.
IV. The commissioner shall, in accordance with RSA 541-A, adopt rules establishing standards for the provision of services by area agencies to developmentally disabled persons. The commissioner shall further adopt rules establishing standards relating to the professional qualifications of the executive director and to the size and composition of area boards in order to assure that membership is representative of the area as a whole and reflects the concerns and interests of developmentally disabled persons and their families. The commissioner shall also adopt rules establishing a reapproval process and shall require area agencies to be subject to reapproval every 5 years.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
10-2557
11/23/09
HB 1499-FN - FISCAL NOTE
AN ACT reducing the number of area agencies in the state.
FISCAL IMPACT:
The Department of Health and Human Services states this bill may have an indeterminable fiscal impact on state expenditures 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 (DHHS) states currently the Bureau of Developmental Services operates a Centers for Medicare and Medicaid Services (CMS) approved Organized Health Care Delivery System utilizing 10 local Area Agencies responsible to plan, establish, and maintain a comprehensive service delivery system for individuals with developmental disabilities or acquired brain disorders residing in their State defined catchment area in accordance with rules promulgated by the Commissioner of DHHS. The bill proposed would consolidate the Area Agencies from 10 to 4 with a single executive director located in Concord responsible to coordinate cohesive statewide programs and services of the 4 Area Agencies. In 2006, the developmental services system consolidated from 12 Area Agencies to 10. Those mergers provided opportunities to observe the numerous complexities, complications, time and other resource demands involved in the process of combining multi-million dollar organizations. There were differences in management and organizational operating structures; salary and compensation for staff members at all levels of each of the four organizations involved; benefits, including health insurance, retirement plans, leave, sick vacation, and other compensatory time; overtime polices and practices; multiple computer systems, software and databases; and transportation reimbursements. Additionally, one of the Area Agencies involved in the 2006 merger that now covers a vast geographic area of the State, found it necessary to utilize five sub-catchment areas each with executive level management and financial staff to effectively manage and administer local services on an ongoing basis. While this bill would eliminate 9 executive director positions at the Area Agencies, it would likely require local directors in their stead to assist the new executive director in fulfilling the broad responsibilities of that role. The Department is unable to determine the impact this bill will have on state expenditures.