Revision: Jan. 15, 2010, midnight
SB 450-FN – AS INTRODUCED
2010 SESSION
01/10
SENATE BILL 450-FN
AN ACT relative to costs and expenditures at the department of health and human services.
SPONSORS: Sen. Sgambati, Dist 4; Sen. D'Allesandro, Dist 20; Sen. Gallus, Dist 1; Sen. Janeway, Dist 7
This bill:
I. Consolidates the amount to be reduced by the department of health and human services, as required under HB 1-A of the 2009 legislative session, for the biennium instead of for each fiscal year.
II. Exempts certain rates for services, placements, and programs for children and families from RSA 541-A.
III. Clarifies the administration of the New Hampshire employment program.
IV. Makes the funded family assistance program (FANF) permissive rather than mandatory.
V. Requires recipients of medical assistance to name the department as beneficiary of all life insurance policies, except under certain circumstances.
VI. Clarifies services, placements, and programs for children in the state services system.
VII. Allows the department of health and human services to make a claim for recovery of assistance for a deceased recipient from the division of abandoned property.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2705
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to costs and expenditures at the department of health and human services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Health and Human Services; Reduction in Appropriation. Amend 2009, 143:9 to read as follows:
143:9 Department of Health and Human Services; Reduction in Appropriation. The department of health and human services is hereby directed to reduce state general fund appropriations from any line by [$7,359,331 for the fiscal year ending June 30, 2010, and $12,199,900 for the fiscal year] $19,559,231 for the biennium ending June 30, 2011. Any direct services to New Hampshire citizens shall be excluded from these reductions unless expressly approved by the fiscal committee of the general court and the governor and council. The department shall provide a quarterly report of reductions made under this section to the fiscal committee of the general court and the governor and council.
2 Department; Powers and Duties; Publication of Rates of Reimbursement Exempt From Rulemaking. Amend RSA 170-G:4, XVII to read as follows:
XVII. Establish rates for all services, placements and programs which are paid for by the department pursuant to RSA 169-B:40, 169-C:27, 169-D:29, and any services required to be provided by the department pursuant to paragraph II of this section. When educational aspects are present in any service, placement or program subject to rate-setting by the department, rates for the educational component shall be addressed jointly by the department and the department of education. Publication of rates of reimbursement shall be exempt from the provisions of RSA 541-A.
3 New Paragraph; Administrative Procedure Act; Exception Added. Amend RSA 541-A:21 by inserting after paragraph VI the following new paragraph:
VII. RSA 170-G:4, XVII, relative to the publication of rates for services, placements, and programs which are paid for by the department of health and human services pursuant to RSA 169-B:40, RSA 169-C:27, and RSA 169-D:29 shall be exempt from RSA 541-A.
4 Administration of the New Hampshire Employment Program; Duties; Rulemaking. Amend RSA 167:83, V to read as follows:
V. The commissioner [shall] may enter into an agreement or contract with the commissioner of the department of employment security to carry out the employment program and may delegate authority and duties for the employment program to the commissioner of the department of employment security and other state agencies. The commissioner shall adopt rules for the employment program [in consultation with the commissioner of the department of employment security].
5 Non-TANF Funded Program for 2-Parent Families With Dependent Children. Amend RSA 167:77-e to read as follows:
167:77-e Assistance Program for 2-Parent Families with Dependent Children. [By October 1, 2008,] The department [shall] may establish a non-TANF, state-funded financial assistance program for 2-parent needy families with dependent children in which one parent is underemployed or unemployed. With the exception of parental underemployment or unemployment, client eligibility and program requirements and administration shall be in accordance with this chapter and the rules adopted under this chapter. In order to meet the federal work participation rate and avoid federally-imposed penalties, the commissioner may add additional groups of families to this state-funded, financial assistance program as funding permits and also may transfer cases back to the TANF program, pursuant to rules adopted under RSA 541-A.
6 Eligibility for Medical Assistance. Amend RSA 167:4, IV(c) to read as follows:
(c) Notwithstanding any provision of law to the contrary, for purposes of medicaid eligibility, investment in life insurance policies with cash surrender, benefit, or face value in excess of $1,500 shall be limited to policies that ensure payment to the state of New Hampshire of all the proceeds of the policy in excess of amounts spent on burial up to the total of medicaid expenditures made on behalf of the individual, except that life insurance policies which name the Medicaid recipient’s spouse who remains living in the community as the only beneficiary shall be exempt from this eligibility requirement.
7 New Section; Delinquent Children; Determination of Appropriate Services Placements, and Programs. Amend RSA 169-B by inserting after section 19-c the following new section:
169-B:19-d Determination of Appropriate Services, Placements, and Programs. Notwithstanding any provision of law to the contrary, the court shall, at the dispositional hearing under RSA 169-B:19, order the services, placements, and programs as recommended by the department under RSA 169-B:19, I(c) and RSA 169-B:19, I(f). Forty-five days from the dispositional hearing, or at any time thereafter, the court may, after hearing and in its discretion, review or modify the order for services, placements, or programs provided to the minor or the minor’s family under this section.
8 New Section; Child Protection Act; Determination of Appropriate Services, Placements, and Programs. Amend RSA 169-C by inserting after section 19-e the following new section:
169-C:19-f Determination of Appropriate Services, Placements, and Programs. Notwithstanding any provision of law to the contrary, the court shall, at the dispositional hearing under RSA 169-C:19, order the services, placements and programs as recommended by the department under RSA 169-C:19, I (b), (c) and (d), RSA 169-C:19, III (a), and RSA 169-C:19, IV. Forty-five days from the dispositional hearing, or at any time thereafter, the court may, after hearing and in its discretion, and notwithstanding RSA 169-C:22, review or modify the order for services, placements, or programs provided to the child or the child’s family under this section.
9 New Section; Children in Need of Services; Determination of Appropriate Services, Placements, and Programs. Amend RSA 169-D by inserting after section 17-c the following new section:
169-D:17-d Determination of Appropriate Services, Placements, and Programs. Notwithstanding any provision of law to the contrary, the court shall, at the dispositional hearing under RSA 169-D:17, order the services, placements, and programs as recommended by the department under RSA 169-D:17, I (a)(1), RSA 169-D:17, I(b)(2), and RSA 169-D:17, I(e). Forty-five days from the dispositional hearing, or at any time thereafter, the court may, after hearing and in its discretion, and notwithstanding RSA 169-D:19, review or modify the order for services, placements, or programs provided to the child or the child’s family under this section.
10 Report Required. On or before November 1, 2011, the department of health and human services and the administrative office of the district and family division courts shall file a report on the efficacy of the process established under RSA 169-B:19-d, RSA 169-C:19-f, and RSA 169-D:17-d for the delivery of timely and cost effective services, placements, and programs for children and their families. The report shall be filed with the speaker of the house of representatives, the president of the senate, the governor, the chairperson of the house children and family law committee, the house clerk, the senate clerk and the state library and shall make recommendations, if appropriate, for future legislation to address these issues.
11 Authorizing the Department of Health and Human Services to File Claims for Medical and Financial Assistance Against Abandoned Property Held by the Treasury; Filing of Claim With Administrator. Amend RSA 471-C:26, I(c)(2)(3) to read as follows:
(2) Except as provided in subparagraphs (5)-(7), in the case of a closed estate where the unclaimed property is valued at less than $5,000 and does not include securities in share form, in accordance with the final distribution of assets as approved by the probate court.
(3) Except as provided in subparagraphs (5)-(7), in the absence of an open estate or probate court decree of final distribution, and the unclaimed property is valued at less than $5,000 and does not include securities in share form, by the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin in accordance with the provisions of RSA 561:1.
12 New Subparagraphs; Filing of Claim With Administrator. Amend RSA 471-C:26, I(c) by inserting after subparagraph (4) the following new subparagraphs:
(5) Before distributing any unclaimed property pursuant to subparagraphs (2) and (3), the administrator shall first ensure that the department of health and human services does not have a claim for medical and or financial assistance paid on behalf of the deceased owner.
(6) In the event that the department of health and human services has a claim for medical and or financial assistance paid on behalf of the deceased owner, the department may submit a claim for such assistance using an affidavit developed by the administrator that ensures that:
(A) No individual has moved to probate the deceased owner’s estate through which the department could assert its claim or probate administration for the deceased owner had been open and no individual has moved to reopen the estate through which the department could assert its claim;
(B) The department does not believe, based on the information available to it, there are known expenses for the deceased owner’s necessary funeral and burial; and
(C) Based on all facts known to the department, its recovery of this abandoned property is not limited by the prohibitions to recovery as set forth in 42 U.S.C. section 1396p and RSA 167:16-a, IV.
(7) If the department of health and human services has made a claim against a deceased owner’s unclaimed property as provided in subparagraph (6), under no circumstances shall the administrator distribute to the department more than the claimed amount.
13 Repeal. 2009, 144:211, relative to community mental health centers; administrative requirements suspended, is repealed.
14 Effective Date. This act shall take effect upon its passage.
LBAO
10-2705
01/13/10
SB 450-FN - FISCAL NOTE
AN ACT relative to costs and expenditures at the department of health and human 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. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.