Revision: Jan. 13, 2016, midnight
\t \t\tSB 481-FN - AS INTRODUCED
2016 SESSION
\t16-2834
\t01/09
SENATE BILL\t481-FN
AN ACT\trelative to a special health care service license.
SPONSORS:\tSen. Bradley, Dist 3; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Sen. Fuller Clark, Dist 21; Sen. Pierce, Dist 5; Sen. Forrester, Dist 2; Sen. Kelly, Dist 10; Sen. Feltes, Dist 15; Sen. Boutin, Dist 16; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Rep. Kurk, Hills. 2; Rep. Rosenwald, Hills. 30; Rep. Kotowski, Merr. 24; Rep. Sherman, Rock. 24
COMMITTEE:\tCommerce
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ANALYSIS
\tThis bill establishes procedures to acquire a health care service license under the law governing health facility licensure. This bill also establishes certain requirements regarding accessibility to health care services.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2834
\t01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to a special health care service license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Sections; Health Facility Licensure; Special Health Care Service License Required; Policies; Fees; Emergency Services. Amend RSA 151 by inserting after section 2-d the following new sections:
\t151:2-e Special Health Care Service License Required; Rules.
\t\tI. No person shall initiate any new special health care service without acquiring a special health care service license under this chapter.
\t\tII. In this chapter, “special health care service” shall include:
\t\t\t(a) Cardiac catheterization laboratory services;
\t\t\t(b) Open heart surgery or coronary artery bypass graft surgery;
\t\t\t(c) Megavoltage radiation therapy; and
\t\t\t(d) Other health care diagnostic or treatment tests or processes, if the commissioner of the department of health and human services determines, by rule, pursuant to RSA 541-A, that to protect the safety of the public it is essential for a specific, identified test or process to meet performance and operating standards, the performance and operating standards shall be set forth in the adopted rule.
\t\tIII. The commissioner shall adopt rules, pursuant to RSA 541-A, to specify:
\t\t\t(a) The minimum requirements for equipment, personnel, training, operating, volume and other criteria to assure the quality and safety for patients receiving each special health care service; and
\t\t\t(b) The procedure and fees for applying for and maintaining a special health service license.
\t\tIV. The provisions of this chapter applicable to applicants and facilities licensed under RSA 151:2 shall apply equally to any person applying for or receiving a special health care service license under this section.
\t151:2-f Policies Required for Health Facilities and Special Health Care Licenses. Every facility licensed under RSA 151:2, I(a) or (d) and every person holding a special health care service license under RSA 151: 2-e shall:
\t\tI. Adopt and enforce a written policy to assure that the facility provides its services to all persons who require the services the facility provides regardless of the source of payment for the services provided to any person;
\t\tII. Adopt, publicize, and apply an assistance plan for persons who are uninsured or who do not have the financial resources to pay for the facility’s services due to financial hardship;
\t\tIII. Provide data to the commissioner of the department of health and human services regarding the volume, cost and outcomes of services provided in the facility; and
\t\tIV. Pay fees established by rule by the commissioner of the department of health and human services to cover the costs of administering the licensing of special health care services, the administration of the quality and safety requirements of this section, and the collection and analysis of the data collected under this section.
\t151:2-g Emergency Services. Every facility licensed as a hospital under RSA 151:2, I(a) shall operate an emergency department offering emergency services to all individuals regardless of ability to pay 24 hours every day, 7 days a week. This requirement shall not apply to any hospital licensed and operating prior to July 1, 2016, which does not operate an emergency department or to any new psychiatric or substance abuse treatment hospital.
\t2 Health Facility Licensure; Application for License; Special Health Care. Amend RSA 151:4, III(a) to read as follows:
\t\tIII.(a) The department of health and human services shall require that applications set forth the:
\t\t\t\t(1) Full name and address of the owner of the facility for which license is sought[,].
\t\t\t\t(2) Name of the persons in control thereof[,].
\t\t\t\t(3) Certification, where local licensing is required, that the facility conforms with applicable local rules, regulations and ordinances having to do with health and safety[,].
\t\t\t\t(4) Name or location, or both, of community residences together with any certification required under subparagraph (a)(3) of this paragraph, when the application is submitted by an area agency as defined under RSA 171-A:2, I-b.
\t\t\t\t(5) Certification that the applicant has notified the public of the intent to file the application with a description of the facility or special health care service to be licensed by publishing a notice in a newspaper of general circulation covering the area where the service is to be located in at least 2 separate issues of the newspaper no less than 10 business days prior to the filing of the application.
\t\t\t\t(6) Certification, if the facility or special health care service is to be located within a radius of 25 miles of a hospital certified as a critical access hospital, that the applicant has given written notice of the intent to file the application with a description of the facility or special health care service to be licensed to the chief executive officer of the hospital by registered mail no less than 10 business days prior to the filing of the application.
\t\t\t\t(7) For any new facility to be licensed under RSA 151:2, I(a) or (d) to be located within a radius of 25 miles of a hospital certified as a critical access hospital, a written determination by the commissioner of health and human services, after inquiry to the critical access hospital, that the proposed new facility will not have a material adverse impact on the essential health care services provided in the service area of the critical access hospital.
\t3 New Paragraphs; Health Facility Licensure; Application for License; Special Health Care. Amend RSA 151:4 by inserting after paragraph V the following new paragraphs:
\t\tVI. Any application shall be available for inspection and copying by any person immediately upon it being filed.
\t\tVII. Any person shall have the right, within 30 days after the filing of any application, to object in writing to the granting of any license on the grounds that the application does not meet the applicable requirements of this chapter or any rule adopted under this chapter. If the license is granted over a timely objection, the person who objected shall have a right to request a rehearing by the commissioner of the department of health and human services under RSA 541:3 and to appeal under RSA 541 based on the grounds stated in the objection.
\t4 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2834
\t\t\t\t\t\t\t\t\t\t\t12/31/15
SB 481-FN- FISCAL NOTE
AN ACT\trelative to a special health care service license.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as introduced, may increase state revenue and 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 amends portions of RSA 151 to require the licensing of special health care services, defined in the bill as:
The bill requires the Department to adopt rules relative to the minimum requirements for special health care services, as well as to the license fee, which is to be set at an amount sufficient to cover the administrative costs of licensing the services. The Department is unable to calculate the bill's fiscal impact, since that impact will depend upon the number of providers falling within the categories listed above. The Department states it is likely at least one additional licensing and evaluation coordinator, and possibly additional clerical staff, will be necessary to implement the bill. Per the terms of the bill, these additional costs will be covered by the license fee charged to providers.