Bill Details - HB1804 (2018)

HB 1804-FN - AS INTRODUCED

 

 

2018 SESSION

18-2550

05/01

 

HOUSE BILL 1804-FN

 

AN ACT relative to work requirements for able-bodied adults for public assistance programs.

 

SPONSORS: Rep. Kurk, Hills. 2

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill revises the work requirements for the supplemental nutrition assistance program and the New Hampshire employment program to correspond with the work requirements for participation in the New Hampshire health protection program.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2550

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to work requirements for able-bodied adults for public assistance programs.

 

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

 

1  New Section; Supplemental Nutrition Assistance Program; Eligibility; Work Requirement.  Amend RSA 161 by inserting after section 10 the following new section:

161:10-a  Supplemental Nutrition Assistance Program; Work Requirements.  The commissioner of health and human services shall not waive the federal work requirements governing eligibility for participation in the supplemental nutrition assistance program pursuant to U.S.C. section 2015(o).  Specifically, the commissioner shall require that:

I.  Newly eligible adults who are unemployed shall be eligible to receive benefits under the supplemental nutrition assistance program if the commissioner finds that the individual is engaging in at least 20 hours per week upon application of benefits, 25 hours per week after receiving 12 months of benefits over the lifetime of the applicant and 30 hours per week after receiving 24 months of benefits over the lifetime of the applicant of one or a combination of the following activities:

(a)  Unsubsidized employment.

(b)  Subsidized private sector employment.

(c)  Subsidized public sector employment.

(d)  Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient private sector employment is not available.

(e)  On-the-job training.

(f)  Job search and job readiness assistance.

(g)  Vocational educational training not to exceed 12 months with respect to any individual.

(h)  Job skills training directly related to employment.

(i)  Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(j)  Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

II.  If an individual in a family receiving benefits under this section refuses to engage in work required in accordance with paragraph I, the assistance shall be terminated.  The commissioner of the department of health and human services shall adopt rules under RSA 541-A, with approval of the governor and the fiscal committee of the general court, to determine good cause and other exceptions to termination.

III.  This section shall only apply to those considered abled-bodied adults as defined in section 1902(a)(10)(A)(i)(VIII) of the Social Security Act of 1935, as amended, 42 U.S.C. section 1396a(a)(10)(A)(i).  In this section, "childless'' means an adult who does not live with a dependent child, which includes a child under 18 years of age or under 20 years of age if the child is a full-time student in a secondary school or the equivalent.

IV.  This section shall not apply to:

(a)  A person who is temporarily unable to participate in the requirements under paragraph I due to illness or incapacity as certified by a licensed physician, an advanced practice registered nurse (APRN), a licensed behavioral health professional, a licensed physician assistant, or a board-certified psychologist.  The physician, APRN, licensed behavioral health professional, licensed physician assistant, or psychologist shall certify, on a form provided by the department, the duration and limitations of the disability.

(b)  A person participating in a state-certified drug court program, as certified by the administrative office of the superior court.

(c)  A parent or caretaker as identified in RSA 167:82, II(g) where the required care is considered necessary by a licensed physician, APRN, board-certified psychologist, physician assistant, or licensed behavioral health professional who shall certify the duration that such care is required.

(d)  A parent or caretaker of a dependent child under 6 years of age.

2  New Hampshire Employment Program; Work Requirements.  RSA 167:85, III-VI are repealed and reenacted to read as follows:

III.  Newly eligible adults who are unemployed shall be eligible to receive benefits under the New Hampshire employment program if the commissioner finds that the individual is engaging in at least 20 hours per week upon application of benefits, 25 hours per week after receiving 12 months of benefits over the lifetime of the applicant and 30 hours per week after receiving 24 months of benefits over the lifetime of the applicant of one or a combination of the following activities:

(a)  Unsubsidized employment.

(b)  Subsidized private sector employment.

(c)  Subsidized public sector employment.

(d)  Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient private sector employment is not available.

(e)  On-the-job training.

(f)  Job search and job readiness assistance.

(g)  Vocational educational training not to exceed 12 months with respect to any individual.

(h)  Job skills training directly related to employment.

(i)  Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(j)  Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

IV.  If an individual in a family receiving benefits under this section refuses to engage in work required in accordance with paragraph I, the assistance shall be terminated.  The commissioner of the department of health and human services shall adopt rules under RSA 541-A, with approval of the governor and the fiscal committee of the general court, to determine good cause and other exceptions to termination.

V.  This section shall only apply to those considered abled-bodied adults as defined in section 1902(a)(10)(A)(i)(VIII) of the Social Security Act of 1935, as amended, 42 U.S.C. section 1396a(a)(10)(A)(i).  In this section, "childless'' means an adult who does not live with a dependent child, which includes a child under 18 years of age or under 20 years of age if the child is a full-time student in a secondary school or the equivalent.

VI.  This section shall not apply to:

(a)  A person who is temporarily unable to participate in the requirements under paragraph I due to illness or incapacity as certified by a licensed physician, an advanced practice registered nurse (APRN), a licensed behavioral health professional, a licensed physician assistant, or a board-certified psychologist.  The physician, APRN, licensed behavioral health professional, licensed physician assistant, or psychologist shall certify, on a form provided by the department, the duration and limitations of the disability.

(b)  A person participating in a state-certified drug court program, as certified by the administrative office of the superior court.

(c)  A parent or caretaker as identified in RSA 167:82, II(g) where the required care is considered necessary by a licensed physician, APRN, board-certified psychologist, physician assistant, or licensed behavioral health professional who shall certify the duration that such care is required.

(d)  A parent or caretaker of a dependent child under 6 years of age.

3  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2550

12/13/17

 

HB 1804-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to work requirements for able-bodied adults for public assistance programs.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Federal Supplemental Nutrition Assistance Program (SNAP) funds.

 

METHODOLOGY:

This bill amends RSA 161 by adding a new section relative to the food stamp program and by repealing and reenacting RSA 167:85, III through IV, relative to the New Hampshire Employment Program (NHEP), in order to align the work requirements for both programs with the work requirements for participation in the New Hampshire Health Protection Program (NHHPP).  Currently, there are no work requirements in place for the NHHPP, although Chapter 156:219, Laws of 2017 directed the Department of Health and Human Services to submit a waiver request to the federal Centers for Medicare and Medicaid Services (CMS).  Although the work requirements contained in this bill are not contingent upon approval of the NHHPP waiver, they are the same as those contained in the waiver request.

 

The Department assumes that for the purposes of the food stamp program, the bill applies only to time-limited eligibility for able-bodied adults without dependents (ABAWDs).  As of October 2017, there were 5,227 ABAWD individuals that could potentially be impacted by the bill.  In addition, the bill specifically prohibits the Department from waiving federal work requirements governing eligibility for the food stamp program.  The Department currently has one waiver, which applies to individuals in 13 towns identified as having few employment opportunities.  Of the 108 individuals receiving food stamps in those towns in October 2017, 10 were participating in the waiver.  The Department is unable to determine the bill's impact on the food stamp program, but notes that since the program is 100% federally-funded, there will be no savings to the State General Fund.

 

With respect to the NHEP, the Department assumes that the work requirements contained in the bill are the same as or similar to those already listed in federal rules for the NHEP (45 CFR 261.10(a)(1)).  Currently, the NHEP imposes a penalty for refusal to cooperate with the work requirements.  The Department assumes that, rather than imposing a penalty, this bill will require the immediate termination of NHEP benefits.  The Department is unable to determine the financial impact of ceasing benefits to those in noncompliance, but notes that as of September 2017, there were 101 individuals in noncompliance with the work program.  The NHEP is funded with 50% federal funds and 50% State General Funds.  

 

Finally, the Department states there will be an indeterminable one-time cost related to modifying the New HEIGHTS eligibility system to account for the changes contained in the bill.  

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

 

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 24
Jan. 30, 2018 Public Hearing: 01/30/2018 01:15 PM LOB 205
Feb. 20, 2018 Executive Session: 02/20/2018 LOB 205
March 6, 2018 Majority Committee Report: Inexpedient to Legislate for 03/06/2018 (Vote 15-5; RC) HC 9 P. 43
Majority Committee Report: Inexpedient to Legislate (Vote 15-5; RC)
Minority Committee Report: Ought to Pass
March 6, 2018 Inexpedient to Legislate: MA DV 183-110 03/06/2018 HJ 6 P. 94

Action Dates

Date Body Type
Jan. 30, 2018 House Hearing
Feb. 20, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote

Bill Text Revisions

HB1804 Revision: 2425 Date: Dec. 13, 2017, 1:36 p.m.