HB322 (2017) Detail

Adding rulemaking authority to require completion of a certain survey as part of the license renewal process for health care providers.


CHAPTER 131

HB 322 - FINAL VERSION

 

05/11/2017   1623s

2017 SESSION

17-0502

01/09

 

HOUSE BILL 322

 

AN ACT adding rulemaking authority to require completion of a certain survey as part of the license renewal process for health care providers.

 

SPONSORS: Rep. Fothergill, Coos 1; Rep. S. Schmidt, Carr. 6; Rep. Campion, Graf. 12; Rep. J. MacKay, Merr. 14; Rep. P. Schmidt, Straf. 19; Sen. Woodburn, Dist 1; Sen. Feltes, Dist 15; Sen. Reagan, Dist 17

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill declares that certain licensing boards for health care providers may adopt rules to require completion of a certain survey as part of the license renewal process.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/11/2017   1623s 17-0502

01/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT adding rulemaking authority to require completion of a certain survey as part of the license renewal process for health care providers.

 

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

 

131:1  Department of Health and Human Services; State Office of Rural Health.  Amend RSA 126-A:5, XVIII(c) to read as follows:

(c)  The commissioner shall submit an annual report beginning on November 1, 2009 to the speaker of the house of representatives, the senate president, [and] the governor, the oversight committee on health and human services established under RSA 126-A:13, the chairs of the house and senate executive departments and administration committees, the chairs of the house and senate committees having jurisdiction over health and human services, and the commission on primary care workforce issues established under RSA 126-T:1, on the health status of rural residents incorporating current data from the bureau of health statistics and data management and the SORH.

131:2  New Paragraph; Department of Health and Human Services; State Office of Rural Health; Survey.  Amend RSA 126-A:5 by inserting after paragraph XVIII the following new paragraph:

XVIII-a.(a)  The state office of rural health (SORH) established in paragraph XVIII may receive and collect data regarding surveys completed by participating licensees pursuant to RSA 317-A:12-a, RSA 318:5-b, RSA 326-B:9-a, RSA 328-D:10-a, RSA 328-F:11-a, RSA 329:9-f, RSA 329-B:10-a, RSA 330-A:10-a, and RSA 330-C:9-a.

(b)  The data collected shall be reviewed, evaluated, and analyzed by the SORH to provide policy decision makers and the commission on primary care workforce issues established under RSA 126-T:1, with critical information to develop and plan for New Hampshire’s primary workforce current and future needs and to identify innovative ways for expanding primary care capacity and resources.

(c)  Any personally identifiable information contained within the surveys collected by the SORH shall remain confidential and are exempt from disclosure pursuant to RSA 91-A.  Any request for information maintained by and in the custody of the SORH under this paragraph shall require the redaction of any and all personally identifiable information by the SORH prior to the release of such information;  provided, that the SORH shall be authorized to provide required data to the Health Resources and Services Administration (HRSA) pursuant to federal regulation and or directives governing receipt of federal resources by the SORH.

(d)  The SORH shall be authorized to provide aggregate data and interval reports and such information shall be made available and published on the department of health and human services’ Internet website.  For purposes of quality assurance and validation of data including participation rates for survey completion, the SORH shall be authorized to provide the licensing boards identified in subparagraph (a) as follows:

(1)  A list of National Provider Identification numbers of those licensees who have completed or appropriately opted-out of the survey; and

(2)  Aggregate data results as it pertains to non-personal information listed on the survey.

(e)  On or before November 1, 2017, and annually thereafter, the SORH shall make a written report to the speaker of the house of representatives, the senate president, the governor, the oversight committee on health and human services established under RSA 126-A:13, the chairs of the house and senate executive departments and administration committees, the chairs of the house and senate policy committee having jurisdiction over health and human services, and the commission on primary care workforce issues established by RSA 126-T:1.  The report shall include, but not be limited to, aggregate data and information on current and projected primary workforce needs and the participation rate on surveys completed pursuant to this paragraph.  This report shall be incorporated into the report required pursuant to RSA 126-A:5, XVIII(c).

(f)  The commissioner may adopt rules, pursuant to RSA 541-A, relative to the administration of this paragraph.

131:3  New Section; Board of Dental Examiners; Rulemaking.  Amend RSA 317-A by inserting after section 12 the following new section:

317-A:12-a  Completion of Survey; Rulemaking.  The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this section shall not be a condition of licensure.

131:4  New Section; Pharmacy Board; Rulemaking.  Amend RSA 318 by inserting after section 5-a the following new section:

318:5-b  Completion of Survey; Rulemaking.  The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this section shall not be a condition of licensure.

131:5  New Section; Board of Nursing; Rulemaking.  Amend RSA 326-B by inserting after section 9 the following new section:

326-B:9-a  Completion of Survey; Rulemaking.

I.  The board may adopt rules, pursuant to RSA 541-A, for APRNs only requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this paragraph shall not be a condition of licensure.

II.  The board may adopt rules, pursuant to RSA 541-A, for RNs and LPNs only requiring, as part of the license renewal process, completion by licensees of a survey provided by the National Council of State Boards of Nursing regarding minimum data sets.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this paragraph shall not be a condition of licensure.

131:6  New Section; Board of Medicine; Physician Assistants.  Amend RSA 328-D by inserting after section 10 the following new section:  

328-D:10-a  Completion of Survey; Rulemaking.  The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this section shall not be a condition of licensure.

131:7  New Section; Allied Health Professionals; Rulemaking.  Amend RSA 328-F by inserting after section 11 the following new section:

328-F:11-a  Completion of Survey; Rulemaking.  The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this section shall not be a condition of licensure.

131:8  New Section; Board of Medicine; Rulemaking.  Amend RSA 329 by inserting after section 9-e the following new section:

329:9-f  Completion of Survey; Rulemaking.  The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this section shall not be a condition of licensure.

131:9  New Section; Board of Psychologists; Rulemaking.  Amend RSA 329-B by inserting after section 10 the following new section:

329-B:10-a  Completion of Survey; Rulemaking.  The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this section shall not be a condition of licensure.

131:10  New Section; Board of Mental Health Practice; Rulemaking.  Amend RSA 330-A by inserting after section 10 the following new section:

330-A:10-a  Completion of Survey; Rulemaking.  The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this section shall not be a condition of licensure.

131:11  New Section; Board of Licensing for Alcohol and Other Drug Use Professionals; Rulemaking.  Amend RSA 330-C by inserting after section 9 the following new section:

330-C:9-a  Completion of Survey; Rulemaking.  The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T.  Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.  Participation in the survey under this section shall not be a condition of licensure.

131:12  Effective Date.  This act shall take effect upon its passage.

 

Approved: June 16, 2017

Effective Date: June 16, 2017

Links

HB322 at GenCourtMobile

Action Dates

Date Body Type
Feb. 22, 2017 House Hearing
March 1, 2017 House Exec Session
March 8, 2017 House Floor Vote
April 26, 2017 Senate Hearing
May 11, 2017 Senate Floor Vote

Bill Text Revisions

HB322 Revision: 180 Date: June 19, 2017, 10:38 a.m.
HB322 Revision: 181 Date: May 18, 2017, 11:08 a.m.
HB322 Revision: 182 Date: May 11, 2017, 4:43 p.m.
HB322 Revision: 183 Date: Jan. 30, 2017, 10:19 a.m.

Docket


June 16, 2017: Signed by Governor Sununu 06/16/2017; Chapter 131; Eff. 6/16/2017


June 1, 2017: Enrolled 06/01/2017 HJ 17 P. 127


May 31, 2017: Enrolled (In recess 05/31/2017); SJ 19


May 18, 2017: House Concurs with Senate Amendment 1623s (Rep. McGuire): MA VV 05/18/2017 HJ 16 P. 6


May 11, 2017: Ought to Pass with Amendment 2017-1623s, MA, VV; OT3rdg; 05/11/2017; SJ 16


May 11, 2017: Committee Amendment # 2017-1623s, AA, VV; 05/11/2017; SJ 16


May 11, 2017: Committee Report: Ought to Pass with Amendment # 2017-1623s, 05/11/2017; Vote 5-0; CC; SC 22


April 26, 2017: Hearing: 04/26/2017, Room 101, LOB, 09:30 am; SC 19


March 9, 2017: Introduced 03/09/2017 and Referred to Executive Departments and Administration; SJ 9


March 8, 2017: Ought to Pass: MA VV 03/08/2017 HJ 9 P. 111


March 8, 2017: Committee Report: Ought to Pass for 03/08/2017 (Vote 15-5; RC)


March 1, 2017: Executive Session: 03/01/2017 11:00 AM LOB 306


Feb. 28, 2017: Subcommittee Work Session: 02/28/2017 09:00 AM LOB 302


Feb. 22, 2017: ==RESCHEDULED== Public Hearing: 02/22/2017 11:30 AM LOB 305-307


Feb. 21, 2017: ==CANCELLED== Public Hearing: 02/21/2017 01:00 PM LOB 306


Feb. 15, 2017: ==CANCELLED== Public Hearing: 02/15/2017 01:00 PM LOB 306


Jan. 5, 2017: Introduced 01/05/2017 and referred to Executive Departments and Administration HJ 3 P. 8