Bill Text - SB549 (2018)

(New Title) relative to plans of safe care for infants affected by substance abuse or withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.


Revision: May 23, 2018, 1:42 p.m.

SB 549-FN-A - VERSION ADOPTED BY BOTH BODIES

 

02/01/2018   0310s

12Apr2018... 1339h

3May2018... 1688h

05/23/2018   1996CofC

 

2018 SESSION

18-2874

05/04

 

SENATE BILL 549-FN-A

 

AN ACT relative to plans of safe care for infants affected by substance abuse or withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.

 

SPONSORS: Sen. Gray, Dist 6

 

COMMITTEE: Health and Human Services

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill directs health care providers to develop a plan of safe care for infants affected by substance abuse, prenatal drug exposure, or a fetal alcohol spectrum disorder.  The bill also provides that if the health care provider makes a report of possible abuse or neglect, the provider shall submit the plan of safe care to the department of health and human services.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/01/2018   0310s

12Apr2018... 1339h

3May2018... 1688h

05/23/2018   1996CofC 18-2874

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to plans of safe care for infants affected by substance abuse or withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.

 

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

 

1  New Sections; Protection for Maternity and Infancy; Plan of Safe Care.  Amend RSA 132 by inserting after section 10-d the following new sections:

132:10-e  Development of a Plan of Safe Care.  When an infant is born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, the health care provider shall develop a plan of safe care, in cooperation with the infant's parents or guardians and the department of health and human services, division of public health services, as appropriate, to ensure the safety and well-being of the infant, to address the health and substance use treatment needs of the infant and affected family members or caregivers, and to ensure that appropriate referrals are made and services are delivered to the infant and affected family members or caregivers.  The plan shall take into account whether the infant’s prenatal drug exposure occurred as the result of medication assisted treatment, or medication prescribed for the mother by a health care provider, and whether the infant’s mother is or will be actively engaged in ongoing substance use disorder treatment following discharge that would mitigate the future risk of harm to the infant.  A copy of the plan of safe care shall be included in the instructions for the infant upon discharge from the hospital or from the health care provider involved in the development of the plan of safe care.  The plan of safe care shall not be submitted to the department of health and human services unless it is pursuant to RSA 132:10-f or the department makes an official request for a copy of the plan in compliance with confidentiality requirements.

132:10-f  Mandatory Reporting.  When a health care provider suspects that an infant has been abused or neglected pursuant to RSA 169-C:3, the provider shall report to the department of health and human services in accordance with RSA 169-C:29.  If the infant has a plan of safe care developed under RSA 132:10-e, a copy of the plan shall accompany the report.

2  Effective Date.  This act shall take effect upon its passage.

 

LBAO

18-2874

Amended 5/14/18

 

SB 549-FN-A- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-1688h)

 

AN ACT relative to plans of safe care for infants affected by substance abuse or withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.

 

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

$291,146

$158,700

$162,700

$167,700

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill requires providers involved in the delivery or care of infants born with and affected by prenatal drug or alcohol exposure to notify the Department of Health and Human Services of such condition.  Providers are also required to cooperate with the Department in the development of a plan of safe care.  The Department assumes that monitoring, tracking, and implementing plans of safe care will result in an indeterminable increase in expenditures.  The  Department further notes that this section is necessary in order for the state to remain compliant with the federal Child Abuse Prevention and Treatment Act (CAPTA) and Comprehensive Addiction and Recovery Act (CARA). Failure to adopt this provision may jeopardize approximately $130,000 per year in federal funding.

 

As amended, by stipulating that providers supply notification exclusively to the Department itself, the bill eliminates the use of the NH Vital Records Information Network (NHVRIN) as a conduit of information between providers and the Department.  In place of the NHVRIN, the Department assumes it will need to develop and implement an online database for hospitals to provide notification.  The closest comparable database the Department was able to identify for comparison cost $130,645 to build in 2001, which, when adjusted for inflation, yields a cost of $193,146.  In addition to this one-time setup cost, the Department assumes an annual cost of $57,700 for maintenance.  The Department further assumes one full-time statistician (LG 27) will be needed to maintain the data and follow up with providers on technical issues.  In total, the Department projects the bill's cost to be $291,146 in FY19, $158,700 in FY20, $162,700 in FY21, and $167,700 in FY22.        

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

SB 549-FN-A - VERSION ADOPTED BY BOTH BODIES

 

02/01/2018   0310s

12Apr2018... 1339h

3May2018... 1688h

05/23/2018   1996CofC

 

2018 SESSION

18-2874

05/04

 

SENATE BILL 549-FN-A

 

AN ACT relative to plans of safe care for infants affected by substance abuse or withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.

 

SPONSORS: Sen. Gray, Dist 6

 

COMMITTEE: Health and Human Services

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill directs health care providers to develop a plan of safe care for infants affected by substance abuse, prenatal drug exposure, or a fetal alcohol spectrum disorder.  The bill also provides that if the health care provider makes a report of possible abuse or neglect, the provider shall submit the plan of safe care to the department of health and human services.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

02/01/2018   0310s

12Apr2018... 1339h

3May2018... 1688h

05/23/2018   1996CofC 18-2874

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to plans of safe care for infants affected by substance abuse or withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.

 

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

 

1  New Sections; Protection for Maternity and Infancy; Plan of Safe Care.  Amend RSA 132 by inserting after section 10-d the following new sections:

132:10-e  Development of a Plan of Safe Care.  When an infant is born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, the health care provider shall develop a plan of safe care, in cooperation with the infant's parents or guardians and the department of health and human services, division of public health services, as appropriate, to ensure the safety and well-being of the infant, to address the health and substance use treatment needs of the infant and affected family members or caregivers, and to ensure that appropriate referrals are made and services are delivered to the infant and affected family members or caregivers.  The plan shall take into account whether the infant’s prenatal drug exposure occurred as the result of medication assisted treatment, or medication prescribed for the mother by a health care provider, and whether the infant’s mother is or will be actively engaged in ongoing substance use disorder treatment following discharge that would mitigate the future risk of harm to the infant.  A copy of the plan of safe care shall be included in the instructions for the infant upon discharge from the hospital or from the health care provider involved in the development of the plan of safe care.  The plan of safe care shall not be submitted to the department of health and human services unless it is pursuant to RSA 132:10-f or the department makes an official request for a copy of the plan in compliance with confidentiality requirements.

132:10-f  Mandatory Reporting.  When a health care provider suspects that an infant has been abused or neglected pursuant to RSA 169-C:3, the provider shall report to the department of health and human services in accordance with RSA 169-C:29.  If the infant has a plan of safe care developed under RSA 132:10-e, a copy of the plan shall accompany the report.

2  Effective Date.  This act shall take effect upon its passage.

 

LBAO

18-2874

Amended 5/14/18

 

SB 549-FN-A- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-1688h)

 

AN ACT relative to plans of safe care for infants affected by substance abuse or withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.

 

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

$291,146

$158,700

$162,700

$167,700

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill requires providers involved in the delivery or care of infants born with and affected by prenatal drug or alcohol exposure to notify the Department of Health and Human Services of such condition.  Providers are also required to cooperate with the Department in the development of a plan of safe care.  The Department assumes that monitoring, tracking, and implementing plans of safe care will result in an indeterminable increase in expenditures.  The  Department further notes that this section is necessary in order for the state to remain compliant with the federal Child Abuse Prevention and Treatment Act (CAPTA) and Comprehensive Addiction and Recovery Act (CARA). Failure to adopt this provision may jeopardize approximately $130,000 per year in federal funding.

 

As amended, by stipulating that providers supply notification exclusively to the Department itself, the bill eliminates the use of the NH Vital Records Information Network (NHVRIN) as a conduit of information between providers and the Department.  In place of the NHVRIN, the Department assumes it will need to develop and implement an online database for hospitals to provide notification.  The closest comparable database the Department was able to identify for comparison cost $130,645 to build in 2001, which, when adjusted for inflation, yields a cost of $193,146.  In addition to this one-time setup cost, the Department assumes an annual cost of $57,700 for maintenance.  The Department further assumes one full-time statistician (LG 27) will be needed to maintain the data and follow up with providers on technical issues.  In total, the Department projects the bill's cost to be $291,146 in FY19, $158,700 in FY20, $162,700 in FY21, and $167,700 in FY22.        

 

AGENCIES CONTACTED:

Department of Health and Human Services