Bill Text - HB1658 (2012)

(4th New Title) establishing an income and identity verification system for public assistance recipients; relative to implementation of the Sean William Corey pilot program; and extending the moratorium on nursing home beds and rehabilitation beds.


Revision: June 22, 2012, midnight

CHAPTER 271

HB 1658-FN –FINAL VERSION

28Mar2012… 1376h

05/16/12 2222s

05/16/12 2333s

6June2012… 2444CofC

6June2012… 2508EBA

2012 SESSION

12-2795

05/09

HOUSE BILL 1658-FN

AN ACT establishing an income and identity verification system for public assistance recipients; relative to implementation of the Sean William Corey pilot program; and extending the moratorium on nursing home beds and rehabilitation beds.

SPONSORS: Rep. Kurk, Hills 7

COMMITTEE: Finance

AMENDED ANALYSIS

This bill:

I. Establishes an income and identity verification system for public assistance recipients.

II. Directs the department of health and human services to implement the Sean William Corey pilot program, a previously enacted program to provide home health aide services for medically fragile children.

III. Extends the moratorium on nursing home beds and rehabilitation beds until June 30, 2014.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2012… 1376h

05/16/12 2222s

05/16/12 2333s

6June2012… 2444CofC

6June2012… 2508EBA

12-2795

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT establishing an income and identity verification system for public assistance recipients; relative to implementation of the Sean William Corey pilot program; and extending the moratorium on nursing home beds and rehabilitation beds.

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

271:1 New Section; Income and Identity Verification System. Amend RSA 167 by inserting after section 4-b the following new section:

167:4-c Income and Identity Verification System.

I. The department shall enter into a contract with a vendor to identify, investigate, and resolve potential cases of fraud, misrepresentation, or inadequate documentation prior to determining an applicant’s eligibility for assistance under this chapter and RSA 161. The procedures shall ensure that every case is reviewed. Each review shall include utilization of the income and identity verification system established under this section.

II. Payment to the vendor for services provided in this section shall be contingent upon annualized savings realized from implementation of the program, as agreed upon by the commissioner and the vendor.

III. The department shall contract with a vendor to establish a computerized income and identity eligibility verification system in order to verify eligibility, eliminate duplication of assistance, and deter fraud.

IV. Prior to awarding or continuing assistance under this chapter or RSA 161, the department may contract with a vendor, to the extent such databases are available, to match the name, date of birth, and social security number of each applicant and recipient against the following:

(a) Employer quarterly reports of income and unemployment insurance payment information maintained by the department of employment security.

(b) Earned income information maintained by the Social Security Administration.

(c) Immigration status information maintained by the United States Citizenship and Immigration Services.

(d) Death register information maintained by the Social Security Administration.

(e) Prisoner information maintained by the Social Security Administration.

(f) Public housing and Section 8 housing assistance payment information maintained by the Department of Housing and Urban Development.

(g) National fleeing felon information maintained by the Federal Bureau of Investigation.

(h) Wage reporting and similar information maintained by states contiguous to this state.

(i) Beneficiary records and earnings information maintained by the Social Security Administration in its Beneficiary and Earnings Data Exchange (BENDEX) database.

(j) Earnings and pension information maintained by the Social Security Administration in its Beneficiary Earnings Exchange Record System (BEERS) database.

(k) Employment information maintained by the department of employment security in its new hire directory database.

(l) Employment information maintained by the United States Department of Health and Human Services in its National Directory of New Hires database.

(m) Supplemental Security Income information maintained by the Social Security Administration in its State Data Exchange (SDX) database.

(n) Veterans’ benefits information maintained by the United States Department of Health and Human Services, in coordination with the department of health and human services and the Department of Veterans Affairs, in the federal Public Assistance Reporting Information System (PARIS) database.

(o) Child care services information maintained by the department of health and human services under its child care assistance program.

(p) Utility payments information maintained by the office of energy and planning under the fuel assistance program.

(q) A database which is substantially similar to or a successor of a database established in this section.

(r) A database of all persons who currently hold a license, permit, or certificate from a state agency.

V. Prior to awarding or continuing assistance under this chapter or RSA 161, the department shall match the name, date of birth, and social security number of each applicant and recipient against the following public records:

(a) A nationwide public records data source of physical asset ownership such as real property, automobiles, watercraft, aircraft, and luxury vehicles.

(b) A nationwide public records data source of incarcerated individuals.

(c) A comprehensive public records database that identifies potential identity fraud or identity theft that can closely associate name, social security number, date of birth, phone, and address information.

VI. If a discrepancy results between an applicant’s or recipient’s social security number and one or more of the databases or information tools listed under paragraph IV or V, the department shall review the applicant’s or recipient’s case using the following procedures:

(a) If the information discovered under paragraph IV and V does not result in the department finding the applicant or recipient ineligible for assistance under this section, the department shall take no further action.

(b) If the information discovered results in the department finding the applicant or recipient ineligible for assistance, the applicant or recipient shall be given an opportunity to explain the discrepancy. The department shall provide written notice to the applicant or recipient which shall describe in sufficient detail the circumstances of the discrepancy, the manner in which the applicant or recipient may respond, and the consequences of failing to take action. The applicant or recipient shall have 10 business days to respond in an attempt to resolve the discrepancy. The explanation provided by the recipient or applicant shall be given in writing. After receiving the explanation, the department may request additional documentation if it determines that there is a substantial risk of fraud.

(c) If the applicant or recipient does not respond to the notice, the department shall deny assistance for failure to cooperate, in which case the department shall provide notice of intent to discontinue assistance. Eligibility for assistance shall not be reestablished until the discrepancy has been resolved.

(d) If an applicant or recipient responds to the notice and disagrees with the findings of the match between his or her social security number and one or more databases or information tools listed under this section, the department shall reinvestigate the matter. If the department finds that there has been an error, the department shall take immediate action to correct it and no further action shall be taken. If, after an investigation, the department determines that there is no error, the department shall determine the effect on the applicant’s or recipient’s case and take appropriate action. Written notice of the department’s action shall be given to the applicant or recipient.

(e) If the applicant or recipient agrees with the findings of the match between the applicant’s or recipient’s social security number and one or more databases or information tools listed under this section, the department shall determine the effect on the applicant’s or recipient’s case and take appropriate action. Written notice of the department’s action shall be given to the applicant or recipient. In no case shall the department discontinue medical assistance coverage as a result of a match between the applicant’s or recipient’s social security number and one more databases or information tools listed under this section until the applicant or recipient has been given notice of the discrepancy and the opportunity to respond.

(f) The applicant or recipient shall have an opportunity for a fair hearing in the event of any adverse action affecting eligibility for assistance under this chapter or RSA 161.

VII. The department may contract with third party entities to perform the review of such enrollees as authorized under this section or to provide information to facilitate such reviews.

VIII. The department shall, pursuant to RSA 541-A, adopt any rules necessary to implement this section.

271:2 Department of Heath and Human Services; Sean William Corey Program. The department of health and human services shall implement, as soon as practicable, the Sean William Corey pilot program established in 2011, 224:298. The program shall be funded within existing appropriations to the department of health and human services subject to approval from the Centers for Medicare and Medicaid Services.

271:3 Certificate of Need; Nursing Home Beds; Rehabilitation Beds; Moratorium Extended. Amend RSA 151-C:4, III(a) to read as follows:

III.(a) No new certificate of need shall be granted by the board for any nursing home, skilled nursing facility, intermediate care facility, or rehabilitation facility from the effective date of chapter 310, laws of 1995, department of health and human services reorganization act, through the period ending June 30, [2012] 2014. This moratorium shall also apply to new certificates of need regarding any rehabilitation bed in any type of facility, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services. However, a certificate of need shall be issued for replacement or renovation of existing beds as necessary to meet life safety code requirements or to remedy deficiencies noted in a licensing inspection pursuant to RSA 151 or state survey and certification process pursuant to titles XVIII and XIX of the Social Security Act. In addition, a certificate of need may be issued for construction or renovation as necessary to repair or refurbish an existing facility, or to accommodate additional beds obtained by transfer to an existing facility. In the case of repair, refurbishment, or transferred beds, the resulting costs in excess of the current capital expenditure threshold as adjusted for inflation pursuant to RSA 151-C:5, II(f)(1) shall not be reflected in any state Medicaid rate. Any application for a certificate of need under this subparagraph shall indicate whether it is for a life safety code requirement or to remedy deficiencies noted in a licensing inspection or whether it is for repair or refurbishment of an existing facility or for transferred beds. If the application is approved, it shall be deemed that the board has agreed with the indicated reason for such application.

271:4 Effective Date.

I. Section 1 of this act shall take effect 6 months after its passage.

II. The remainder of this act shall take effect upon its passage.

Approved: June 19, 2012

Effective Date: I. Section 1 shall take effect December 19, 2012.

II. Remainder shall take effect June 19, 2012.

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