HB 1566-FN - AS INTRODUCED
2016 SESSION
\t16-2107
\t01/10
HOUSE BILL\t1566-FN
AN ACT\trelative to out-of-state transportation companies.
SPONSORS:\tRep. Martel, Hills. 44; Rep. Byron, Hills. 20; Rep. Fields, Belk. 4; Rep. V. Sullivan, Hills. 16
COMMITTEE:\tHealth, Human Services and Elderly Affairs
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ANALYSIS
\tThis bill requires the commissioner of the department of health and human services to prohibit out-of-state transportation companies providing services to Medicaid patients from receiving a Medicaid identification number if a Medicaid identification number was issued in another state.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2107
\t01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to out-of-state transportation companies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Paragraph; Transportation Issues Required. Amend RSA 126-A:5 by inserting after paragraph XXIX the following new paragraph:
\t\tXXX. The commissioner shall prohibit any out-of-state transportation company providing services to Medicaid patients from receiving a Medicaid identification number if such company has a Medicaid identification number issued in another state.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2107
\t\t\t\t\t\t\t\t\t\t\t11/30/15
HB 1566-FN- FISCAL NOTE
AN ACT\trelative to out-of-state transportation companies.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as introduced, may decrease state revenue and increase state general fund expenditures by indeterminable amounts in FY 2017 and each year thereafter. There will be no impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill prohibits out-of-state transportation companies providing services to Medicaid patients from receiving a Medicaid identification number if a Medicaid identification number was issued in another state. The Department states federal Medicaid laws and administrative rules requires that as part of general administration of the state's Medicaid State Plan, the state must provide assurance of transportation to Medicaid recipients. (The Department cites 42 C.F.R 431.53 as the source for this federal requirement.) The Department observes that currently, some Medicaid beneficiaries are enrolled in a fee-for-service program, while others are enrolled in a managed care program; in either case, the Department states federal law allows recipients to receive services from any provider willing and qualified to provide such services, and that the state may not discriminate against a qualified provider willing to furnish those services. For this reason, the Department believes that should the bill go into effect, it will be in violation of 42 CFR 431.51(b) (in the case of fee-for-service recipients) and 42 C.F.R. 438.12 and 45 C.F.R Subtitle A (in the case of managed care recipients). The Department states that if the federal Centers for Medicare and Medicaid Services were to find the state in violation of federal Medicaid law, it could elect to withhold the 50 percent federal match for all standard Medicaid transportation services, resulting in a related increase in state general fund expenditures.