HB 1573-FN - AS INTRODUCED
2016 SESSION
\t16-2106
\t01/03
HOUSE BILL\t1573-FN
AN ACT\trelative to brokers arranging transportation for Medicaid patients.
SPONSORS:\tRep. Martel, Hills. 44; Rep. Byron, Hills. 20; Rep. Fields, Belk. 4; Rep. V. Sullivan, Hills. 16; Sen. Stiles, Dist 24
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 give first priority to in-state transportation companies providing transportation services to Medicaid patients.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2106
\t01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to brokers arranging transportation for Medicaid patients.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Paragraph; Medicaid Managed Care Program; Transportation of Patients. Amend RSA 126-A:5 by inserting after paragraph XXIX the following new paragraph:
\t\tXXX. The commissioner shall give first priority to in-state transportation companies which provide transportation to Medicaid wheelchair-bound or walk-on clients. If the commissioner determines that accomplishing the requirement contained in this paragraph requires submitting a state plan amendment to the federal Centers for Medicare and Medicaid Services, he or she shall submit such amendment.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2106
\t\t\t\t\t\t\t\t\t\t\t11/30/15
HB 1573-FN- FISCAL NOTE
AN ACT\trelative to brokers arranging transportation for Medicaid patients.
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 an indeterminable amount 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 requires it to give first priority to in-state transportation companies providing services to Medicaid recipients. The Department notes that the bill does not indicate which programs the requirement would apply to, but assumes it would impact all Medicaid programs administered by the Department, including the fee-for-service program, the managed care program, and the New Hampshire Health Protection Program (NHHPP). The Department further notes that it is unclear from the bill whether the intent is to give first priority to in-state entities when contracting with providers, or first priority when scheduling transit. In either case, the Department states that favoring in-state providers may run afoul of federal laws and administrative rules. Federal law allows recipients to receive services from any willing and qualified provider, and prevents states from discriminating against qualified providers willing to furnish those services. For this reason, the Department believes that favoring in-state providers may put the Department in violation of 42 CFR 431.51(b) (in the case of fee-for-service recipients), 42 CFR 438.12 and 45 CFR Subtitle A (in the case of managed care recipients), and 45 CFR Subtitle A (in the case of NHHPP 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 transportation services provided to the traditional Medicaid population, as well as the 100 percent federal match for transportation services provided to the NHHPP population. The result would be a related increase in state general fund expenditures.