Bill Text - SB588 (2018)

(New Title) relative to inspections of laboratories and relative to loans for lead hazard remediation projects.


Revision: May 2, 2018, 1:28 p.m.

SB 588-FN - AS AMENDED BY THE HOUSE

 

03/08/2018   0994s

12Apr2018... 1286h

2May2018... 1561h

2018 SESSION

18-2832

01/05

 

SENATE BILL 588-FN

 

AN ACT relative to inspections of laboratories and relative to loans for lead hazard remediation projects.

 

SPONSORS: Sen. Bradley, Dist 3

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill declares that laboratories certified under the Clinical Laboratory Improvement Amendments of 1988 (CLIA)  shall be deemed licensed for purposes of the residential care and health facility license law.

 

This bill also clarifies the loan terms of the loans for lead hazard remediation projects.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/08/2018   0994s

12Apr2018... 1286h

2May2018... 1561h 18-2832

01/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to inspections of laboratories and relative to loans for lead hazard remediation projects.

 

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

 

1  Residential Care and Health Facility Licensing; Deemed Licensed.  Amend RSA 151:5-b to read as follows:

151:5-b  Deemed Licensed.

I. Any facility or home health agency certified under Title XVIII or XIX of the Social Security Act, as amended, shall submit a completed license application, or license renewal form, together with the appropriate fee.  Such facility or agency shall be deemed licensed under this chapter and shall be exempt from inspections carried out under RSA 151:6-a.  This section shall only apply to the activities or portions of the facility or agency certified under Title XVIII or XIX of the Social Security Act, as amended.

II.  Any laboratory certified under the Clinical Laboratory Improvement Amendments of 1988 (CLIA), 42 U.S.C. section 263(a), shall submit a completed license application, or license renewal form, together with the appropriate fee.  Such facility or agency shall be deemed licensed under this chapter and shall be exempt from inspections carried out under RSA 151:6-a.  This paragraph shall only apply to the activities or portions of the laboratory or agency certified under CLIA that received compliance or accreditation inspections.  This paragraph shall not apply to Provider-Performed Microscopy (PPM) or CLIA waived laboratories.

2  Loans for Lead Hazard Remediation Projects.  RSA 130-A:15-a, IV is repealed and reenacted to read as follows:

IV.  The department shall adopt rules, pursuant to RSA 541-A, to establish the eligibility criteria, application process, and maximum loan amounts pursuant to this section.  The rules shall also include a requirement that the lender record a lien for the full amount of the loan at the time the loan is issued for any property under this section.  In this section, "loan" means a loan for a lead hazard remediation project.  The lien shall be in the name of the lender and the state of New Hampshire.  The lender shall service the loan in accordance with its standard practices.  If the borrower fails to pay the loan as required by the loan documents, the lender shall mail a written notice of default to the borrower at his or her last known address, with a copy to the department.  If the default is not cured, the lender may foreclose the lien in accordance with terms of the loan documents and state law.  To the extent that the foreclosure proceeds do not cover at least 80 percent of the unpaid principal balance of the loan plus interest and reasonable collection expenses as provided under RSA 130-A:15-a, I, the lender may apply to the state for payment of the guaranty for any such deficiency.  The state shall pay the guaranty in accordance with the terms of the loan guaranty program.

3  Effective Date.

I.  Section 2 of this act shall take effect upon its passage.

II.  The remainder of this act shall take effect July 1, 2018.

 

LBAO

18-2832

1/22/18

 

SB 588-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to inspections of laboratories.

 

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

($17,494)

($17,494)

($18,359)

($18,359)

Funding Source:

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

 

METHODOLOGY:

This bill allows for laboratories inspected and certified under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) to be licensed within the state of New Hampshire without also undergoing an additional state inspection.  Currently, the Department of Health and Human Services conducts two separate inspections per laboratory, one annually for state compliance and one every other year for federal compliance.  By allowing the Department to deem a facility compliant with state standards based on CLIA compliance, the bill will allow state inspectors to devote their time to conducting CLIA and other federal inspections, which are 100 percent federally-funded, rather than inspections funded with state general funds.  As a result, the Department projects the state will receive additional federal funds of $17,494 per year in FY 2019 and FY 2020 and $18,359 per year of federal funds in FY 2021 and FY 2022, resulting in general funds expenditure reductions of the same amounts.

 

AGENCIES CONTACTED:

Department of Health and Human Services