Bill Text - HB1468 (2018)

(New Title) establishing a commission to study legislative oversight activities related to the department of health and human services and relative to the nursing home bed moratorium.


Revision: June 26, 2018, 10:17 a.m.

CHAPTER 298

HB 1468 - FINAL VERSION

 

22Feb2018... 0208h

04/12/2018   1366s

05/03/2018   1782s

23May2018... 2005-EBA

2018 SESSION

18-2390

01/10

 

HOUSE BILL 1468

 

AN ACT establishing a commission to study legislative oversight activities related to the department of health and human services and relative to the nursing home bed moratorium.

 

SPONSORS: Rep. Kotowski, Merr. 24; Rep. Umberger, Carr. 2; Rep. Richardson, Coos 4; Rep. LeBrun, Hills. 32; Rep. McMahon, Rock. 7; Rep. Byron, Hills. 20; Rep. Danielson, Hills. 7; Rep. M. MacKay, Hills. 30; Rep. Seidel, Hills. 28; Rep. M. Pearson, Rock. 34; Sen. Bradley, Dist 3; Sen. Carson, Dist 14

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill establishes a commission to study legislative oversight activities related to the department of health and human services.

 

This bill also establishes a moratorium on licenses for new health care facilities and increases in licensed capacity in existing facilities, except for rehabilitation facilities whose sole purpose is to treat individuals for substance use disorder or mental health issues.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Feb2018... 0208h

04/12/2018   1366s

05/03/2018   1782s

23May2018... 2005-EBA 18-2390

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing a commission to study legislative oversight activities related to the department of health and human services and relative to the nursing home bed moratorium.

 

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

 

298:1  New Section; Commission to Study Legislative Oversight Activities Related to the Department of Health and Human Services.  Amend RSA 126-A by inserting after section 17 the following new section:

126-A:17-a  Commission to Study Legislative Oversight Activities Related to the Department of Health and Human Services Established.

I.  There is established a commission to study legislative oversight activities related to the department of health and human services.

II.(a)  The members of the commission shall be as follows:

(1)  Five members of the house of representatives, 3 of whom shall be from the health, human services and elderly affairs committee, one of whom shall be from the finance committee, and one of whom shall be from the commerce and consumer affairs committee, appointed by the speaker of the house of representatives.

(2)  Two members of the senate, appointed by the president of the senate.

(3)  The commissioner of the department of health and human services, or designee.

(b)  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III.(a)  The commission's study shall include, but not be limited to:

(1)  Reviewing all New Hampshire statutes involving oversight of the department health and human services, including committees, commissions, boards, and councils.  The review shall include identifying duplicative oversight and reporting requirements, comparing frequency of meetings and human resources currently necessary to perform the duties required, and defining the current authority of each oversight entity.

(2)  Recommending ways to consolidate efforts and improve efficiency.

(b)  The commission may solicit information from any person or entity the commission deems relevant to its study.

IV.  The members of the commission shall elect a chairperson from among the members.  The first meeting of the commission shall be called by the first-named house member.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  Four members of the commission shall constitute a quorum.

V.  The commission shall issue an interim report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2019, and shall issue a final report on or before November 1, 2020.

298:2  Repeal; 2018.  RSA 126-A:17-a, relative to the commission to study legislative oversight activities related to the department of health and human services, is repealed.

298:3  Residential Care and Health Facility Licensing; License or Registration Required.  RSA 151:2, VI is repealed and reenacted to read as follows:

VI.(a)  No new license shall be issued for, and there shall be no increase in licensed capacity of, any nursing home, skilled nursing facility, intermediate care facility, or rehabilitation facility, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services.  This moratorium shall not apply to any rehabilitation facility whose sole purpose is to treat individuals for substance use disorder or mental health issues.

(b)  This moratorium shall not prohibit the relocation or transfer of beds to a nursing home, skilled nursing facility, or intermediate care facility; provided that the beds to be transferred or relocated were in existence as of July 1, 2016, that the receiving facility is located in the same county as the facility where those beds were located as of July 1, 2016, and that the action shall not reduce the number of Medicaid beds located in that county.  This restriction on transfers shall not apply to any beds transferred from one entity to another before the effective date of this paragraph.

(c)  This moratorium shall not prohibit the relocation or transfer of beds to a rehabilitation facility, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services; provided that the beds to be transferred or relocated were licensed on July 1, 2016.  This restriction on transfers shall not apply to any beds transferred from one entity to another before the effective date of this paragraph.

298:4  Effective Date.

I.  Section 2 of this act shall take effect November 1, 2020.

II.  The remainder of this act shall take effect upon its passage.

 

 

Approved: June 25, 2018

Effective Date:

I. Section 2 shall take effect November 1, 2020.

II. Remainder shall take effect June 25, 2018.