HB 1635-FN-A – VERSION ADOPTED BY BOTH BODIES
05/15/14 1809s
4Jun2014… 1996CofC
2014 SESSION
09/10
HOUSE BILL 1635-FN-A
AN ACT relative to community mental health programs and making appropriations therefor and relative to disposition of funds obtained by the attorney general.
SPONSORS: Rep. Wallner, Merr 10; Rep. Nordgren, Graf 12; Sen. Larsen, Dist 15; Sen.?D'Allesandro, Dist 20
This bill makes appropriations to the department of health and human services and the department of justice to pay costs related to mental health services in integrated community settings pursuant to a comprehensive settlement agreement with the United States Department of Justice.
This bill also:
I. Requires the fiscal committee of the general court to approve the expenditure or distribution of monetary settlements received by the state.
II. Requires the deposit of a portion of judgments over a specified amount in the revenue stabilization reserve account.
III. Requires the attorney general to submit a report to the fiscal committee of the general court relative to all legal settlements received by the state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/15/14 1809s
4Jun2014… 1996CofC
14-2851 09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to community mental health programs and making appropriations therefor and relative to disposition of funds obtained by the attorney general.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Health and Human Services; Appropriation for Mental Health Services.
I. In addition to any other sums appropriated for fiscal years 2014 and 2015, the sum of $517,458 for the fiscal year ending June 30, 2014, and the sum of $8,549,419 for the fiscal year ending June 30, 2015 are hereby appropriated to the department of health and human services. These appropriations shall be a charge against funds specified as follows:
05 Health and Social Services
95 Department of Health and Human Services
9200 Division of Behavioral Health
5945 CMH Program Support Fiscal Year 2014 Fiscal Year 2015
010 Personal Services-Prem. Classified $122,967 $254,297
060 Benefits $56,991 $120,116
103 Contracts for Operational Services $337,500 $8,175,007
TOTAL: $517,458 $8,549,419
Estimated Source of Funds
Federal Funds $187,985 $2,852,822
General Funds $329,473 $5,696,597
Total Source of Funds $517,458 $8,549,419
II. The appropriations in paragraph I shall be made available for the sole purpose of expanding and enhancing mental health service capacity in integrated community settings pursuant to the comprehensive settlement agreement with the United States Department of Justice concerning Amanda D., et al. v. Hassan, et al.; United States v. New Hampshire, No.1:12-CV-53 (SM) and in accordance with RSA 14:35-b. The governor is hereby authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated. General fund moneys appropriated under this paragraph may be offset by funds received from the Medicaid section 1115 demonstration waiver authorized under RSA 126-A:67. Sums appropriated in this section shall not be expended for any other purpose and shall not lapse.
2 New Section; Disposition of Funds Obtained by the Attorney General. Amend RSA 7 by inserting after section 6-d the following new section:
7:6-e Disposition of Funds Obtained by the Attorney General.
I. No money received by the attorney general, on behalf of the state or its citizens as a result of any civil judgment, settlement of a claim, settlement of threatened litigation, suit, petition, or other action or threatened action, shall be expended or otherwise distributed until authorized by the fiscal committee of the general court, except in those instances where the disposition of money received by the attorney general is already provided for in statute. Additionally, whenever the department of justice receives judgment or settlement money in excess of $1,000,000, the first 10 percent of those funds shall be transferred to the revenue stabilization reserve account established in RSA 9:13-e.
II. Upon resolving a matter described in paragraph I, the attorney general shall promptly report to the fiscal committee of the general court any money received under this section. All reports under this paragraph shall include, but shall not be limited to:
(a) The date of the judgment or settlement.
(b) The reason for the judgment or settlement.
(c) The purpose for which the judgment or settlement is to be used.
(d) The amount of the judgment or settlement.
(e) An accounting of the allocation of each judgment or settlement.
III. This section shall not apply to fines received by the attorney general in criminal cases, penalty assessment funds, drug forfeiture funds as provided in RSA 318-B:17-b through RSA 318-B:17-d, fines or civil penalties authorized by state law as a result of enforcement actions taken by state agencies or the attorney general, and money received on behalf of a victim or the state as restitution.
3 Effective Date.
I. Section 2 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
LBAO
14-2851
Revised 02/12/14
HB 1635-FN-A FISCAL NOTE
AN ACT relative to community mental health programs and making appropriations therefor.
FISCAL IMPACT:
The Departments of Health and Human Services and Justice state this bill, as introduced, will increase state general fund expenditures by $1,442,873 in FY 2014, $6,809,997 in FY 2015, $10,191,438 in FY 2016, $13,756,765 in FY 2017, and $15,236,513 in FY 2018. State restricted expenditures (federal funds) will increase by $187,985 in FY 2014, $2,582,822 in FY 2015, $4,604,640 in FY 2016, $5,887,875 in FY 2017, and $6,387,454 in FY 2018. There will be no fiscal impact on state, county and local revenues, or county and local expenditures.
This bill appropriates $329,473 for the fiscal year ending June 30, 2014, and $5,696,597 for the fiscal year ending June 30, 2015 from the state general fund to the Department of Health and Human Services for the purpose of this act.
This bill also appropriates $1,113,400 for the fiscal year ending June 30, 2014, and $1,113,400 for the fiscal year ending June 30, 2015 from the state general fund to the Department of Justice for the purpose of this act.
METHODOLOGY:
The Department of Health and Human Services states the bill would provide appropriations to enhance community mental health services in accordance with the settlement agreement with the US Department of Justice for FY 2014 and 2015. The appropriations necessary to support the additional services beyond FY 2015 will be requested in future operating budgets. The Department estimates the following incremental costs to support the services in the settlement:
FY2014 |
FY2015 |
FY2016 |
FY2017 |
FY2018 | |
1) Housing Bridge Subsidy Program |
$0 |
$817,500 |
$1,689,500 |
$2,289,000 |
$2,289,000 |
2) Glencliff Alternative Beds |
$0 |
100,000 |
550,000 |
1,150,000 |
1,600,000 |
3) Mobile Crisis Teams |
$0 |
209,100 |
1,053,950 |
1,898,800 |
2,534,550 |
4) Community Crisis Apartments |
$0 |
311,550 |
1,518,450 |
2,725,350 |
3,620,700 |
5) Assertive Community Treatment Teams |
$0 |
4,561,857 |
6,351,857 |
7,694,357 |
7,694,357 |
6) Supported Employment |
250,000 |
2,000,000 |
3,000,000 |
3,250,000 |
3,250,000 |
7) Quality Assurance |
179,958 |
374,412 |
382,321 |
387,133 |
410,360 |
8) Expert Reviewer |
87,500 |
175,000 |
175,000 |
175,000 |
175,000 |
Total Expenditures: |
$517,458 |
$8,549,419 |
$14,721,078 |
$19,569,640 |
$21,573,967 |
General Funds |
$329,473 |
$5,696,597 |
$10,116,438 |
$13,681,765 |
$15,186,513 |
Federal Funds |
$187,985 |
$2,852,822 |
$4,604,640 |
$5,887,875 |
$6,387,454 |
Explanation of costs above:
1) The Housing Bridge Subsidy Program supports individuals awaiting Section 8 housing. It is not Medicaid reimbursable and is funded with general funds. The appropriation would provide: 50 additional beds starting in July 2014, 50 additional beds starting in January 2015, and 110 additional beds starting in January 2016. The Department will apply for additional federal HUD funds for an additional 150 individuals.
2) A new category of community residence for individuals coming out of the Glencliff Home. Assumes the individuals would be Medicaid eligible and 50% federal match would be available. Services would be limited to a cost of $100,000 per year, per person or $274 per day. The additional appropriation would provide: four additional beds starting 4/1/2015, six additional beds starting 4/1/2016, and six additional beds starting 4/1/2017.
3) Three new mobile crisis response teams will be established: one in region IV (Concord Area) starting 4/1/2015, one in region VII (Manchester Area) starting 4/1/2016 and one in region VI (Nashua Area) starting 4/1/2017. Evaluations would be eligible for Medicaid matching funds, but other additional costs would not be.
4) Six new 2-bed community crisis apartments will be established: two in region IV starting 4/1/2015, two in region VII starting 4/1/2016 and two in region VI starting 4/1/2017. Community Mental Health Center services would be Medicaid reimbursable. Other items such as rent, utilities and staffing would not.
5) Assertive Community Treatment Teams (ACT). Funding is intended to achieve capacity to provide ACT services to 1,300 individuals starting 4/1/2015, and 1,500 individuals starting 4/1/16. This includes additional funds to comply with the agreed upon staffing model for the 11 current ACT teams, add two new teams in April 2015 and two more in April 2016.
6) Increase the Supported Employment. Includes funding for staff to provide supported employment services for 200 additional individuals in FY 2014, 200 additional in FY 2015, 200 additional in FY 2016 and 50 additional in FY 2017. Assuming 10,000 eligible adults, this will increase the penetration rate of services provided from 12.1% to 18.6% by June 30, 2017. Assumes staff costs would be supported by Medicaid.
7) Quality Assurance consists of full-time staff to monitor and report on implementation of the agreement. Four additional Program Planning and Review Specialists, labor grade 28, would be funded 65% by the general fund and 35% by federal Medicaid funds.
8) Expert Reviewer. The state will pay general funds for an expert reviewer and their staff.
The Department of Justice states this bill provides the funding required during the current biennium to implement the settlement agreement with the U.S. Department of Justice in Amanda D., et al. v. Hassan, et al. Under the settlement, the State agrees to pay the Plaintiffs a total of $2,426,800 for all attorney’s fees, costs and monitoring in the case. In accordance with the terms of the agreement, the payments are to be made as follows:
FY2014 |
FY2015 |
FY2016 |
FY2017 |
FY2018 | |
Due 90 days after the effective date of the agreement. |
$1,113,400 |
||||
Due 12 months from the due date of the first payment. |
$1,113,400 |
||||
Due 24 months from the due date of the first payment. |
$75,000 |
||||
Due 36 months from the due date of the first payment. |
$75,000 |
||||
Due 48 months from the due date of the first payment. |
$50,000 |
Total State Fiscal Impact (Both Departments) |
FY2014 |
FY2015 |
FY2016 |
FY2017 |
FY2018 |
DHHS |
$517,458 |
$8,549,419 |
$14,721,078 |
$19,569,640 |
$21,573,967 |
Justice |
$1,113,400 |
$1,113,400 |
$75,000 |
$75,000 |
$50,000 |
Total |
$1,630,858 |
$9,662,819 |
$14,796,078 |
$19,644,640 |
$21,623,967 |
General Funds |
$1,442,873 |
$6,809,997 |
$10,191,438 |
$13,756,765 |
$15,236,513 |
Federal Funds |
$187,985 |
$2,852,822 |
$4,604,640 |
$5,887,875 |
$6,387,454 |