SB63 (2018) Detail

(Third New Title) relative to record management of abuse and neglect reports, establishing a pilot program regarding electronic storage of abuse and neglect records, and establishing the excess appropriation allocation account in the department of health and human services.


CHAPTER 57

SB 63 - FINAL VERSION

 

01/03/2018   2532s

02/01/2018   0260s

5Apr2018... 1166h

26Apr2018... 1649h

05/10/2018   1959EBA

 

2017 SESSION

17-0828

05/04

 

SENATE BILL 63

 

AN ACT relative to record management of abuse and neglect reports, establishing a pilot program regarding electronic storage of abuse and neglect records, and establishing the excess appropriation allocation account in the department of health and human services.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21; Rep. Weber, Ches. 1; Rep. Guthrie, Rock. 13; Rep. Berrien, Rock. 18

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Revises the record retention requirements for founded, unfounded, unfounded but with reasonable concern, and screened-out reports of abuse or neglect.

 

II.  Establishes a pilot program regarding electronic storage of abuse and neglect records.

 

III.  Establishes certain positions within the department of health and human services.

 

IV.  Establishes an excess appropriation allocation account in the department of health and human services for the biennium ending June 30, 2019, and authorizes the department to use a portion of the account to fund the new positions.  

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/03/2018   2532s

02/01/2018   0260s

5Apr2018... 1166h

26Apr2018... 1649h

05/10/2018   1959EBA 17-0828

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to record management of abuse and neglect reports, establishing a pilot program regarding electronic storage of abuse and neglect records, and establishing the excess appropriation allocation account in the department of health and human services.

 

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

 

57:1  New Paragraph; Child Protection Act; Definition of Screened-Out Report.  Amend RSA 169-C:3 by inserting after paragraph XXVII-b the following new paragraph:

XXVII-c.  “Screened-out report” means a report made pursuant to this chapter that the department has determined does not rise to the level of a credible report of abuse or neglect and is not referred for assessment.

57:2  Child Protection Act; Records Management of Abuse and Neglect Reports.  RSA 169-C:35-a is repealed and reenacted to read as follows:

169-C:35-a  Records Management of Abuse and Neglect Reports.

I.  The department shall retain a screened-out report for 4 years from the date that the report was screened out.  If during the 4-year retention period, the department receives a subsequent report of abuse or neglect concerning the same alleged perpetrator or the same child or any siblings or other children in the same household or in the care of the same adults, the department shall retain information from the prior and subsequent reports for an additional 4 years from the date a subsequent report is screened out, an additional 10 years from the date a subsequent report is deemed unfounded, and indefinitely if the subsequent report is deemed founded or unfounded but with reasonable concern.  The department shall delete or destroy all electronic and paper records of the reports when the retention period for the most recent report expires.

II.  The department shall retain an unfounded report for 10 years from the date that the department determined the case to be unfounded.  If during the 10-year retention period, the department receives a subsequent report of abuse or neglect concerning the same alleged perpetrator or the same child or any siblings or other children in the same household or in the care of the same adults, the department shall retain the information from the prior and subsequent reports for an additional 10 years from the date the subsequent report is screened out or deemed unfounded, or indefinitely if the subsequent report is deemed founded.  The department shall delete or destroy all electronic and paper records of the reports when the most recent report expires.

III.  The department shall indefinitely retain a founded report or a report that is unfounded but with reasonable concern.

IV.  Nothing in this section shall prevent the department from retaining generic, non-identifying information which is required for state and federal reporting and management purposes.

57:3  Child Protection Act; Records Management of Abuse and Neglect Reports; Pilot Program Established.  There is hereby established a pilot program to assess the cost and feasibility of the statewide electronic storage of abuse and neglect records as required by RSA 169-C:35-a.  Under the pilot program, the department of health and human services shall scan and store electronic copies of its records of screened-out, closed unfounded, and closed founded reports from a selected district office or offices.  On or before November 1, 2018, the department shall provide a report to the house and senate committees with jurisdiction over health and human services and the house and senate finance committees containing its assessment of the pilot program and the projected costs and feasibility of expanding the program statewide.

57:4  Department of Health and Human Services; Division for Children, Youth and Families; Classified Positions Established.  The following classified positions are hereby established in the department of health and human services, division for children, youth, and families:

I.  Program assistant I, at labor grade 12

II.  Program assistant I, at labor grade 12

57:5  Department of Health and Human Services; Part-Time Positions Established.  Four part-time positions are hereby established in the department of health and human services for the purposes of this act.

57:6  New Subdivision; Excess Appropriation Allocation Account.  Amend RSA 126-A by inserting after section 74 the following new subdivision:

Excess Appropriation Allocation Account

126-A:75  Excess Appropriation Allocation Account.  There is hereby established under the department of health and human services an excess appropriation allocation account.  For the biennium ending June 30, 2019, immediately upon acceptance by the fiscal committee of the general court of any federal funds attributable to the 38 percentage point enhanced federal match for the children’s health insurance program, the commissioner of administrative services shall transfer general funds of an equal amount from accounting unit 05-95-47-470010-7948, Medicaid Care Management, into the excess appropriation allocation account.  Any funds remaining unspent in the excess appropriation allocation account at the end of each fiscal year shall lapse to the state general fund.

57:7  Department of Health and Human Services; Funding Source for New Positions.  For the biennium ending June 30, 2019, the department of health and human services may use up to $167,515 for the purpose of funding the positions established in sections 4 and 5 of this act.  Of this amount, $103,859 shall be a charge against the account established in section 6 of this act, and $63,656 shall be federal funds.  Fiscal committee approval shall not be required for the acceptance and expenditure of federal funds authorized under this section.

57:8  Repeal.  RSA 126-A:75, relative to the excess appropriation allocation account, is repealed.

57:9  Effective Date.  

I.  Section 5 of this act shall take effect January 1, 2019.

II.  Section 8 of this act shall take effect July 1, 2019.

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

 

Approved: May 23, 2018

Effective Date:

I. Section 5 shall take effect January 1, 2019

II. Section 8 shall take effect July 1, 2019

III. Remainder shall take effect May 23, 2018

 

 

Links

SB63 at GenCourtMobile

Action Dates

Date Body Type
Feb. 2, 2017 Senate Hearing
Feb. 9, 2017 Senate Floor Vote
March 16, 2017 Senate Floor Vote
Jan. 3, 2018 Senate Floor Vote
Feb. 1, 2018 Senate Floor Vote
March 20, 2018 House Hearing
March 27, 2018 House Exec Session
House Floor Vote
April 5, 2018 House Floor Vote
April 18, 2018 House Exec Session
April 26, 2018 House Floor Vote

Bill Text Revisions

SB63 Revision: 3921 Date: May 25, 2018, 11:31 a.m.
SB63 Revision: 3778 Date: May 15, 2018, 3:52 p.m.
SB63 Revision: 3603 Date: April 26, 2018, 1:41 p.m.
SB63 Revision: 3368 Date: April 5, 2018, 11:06 a.m.
SB63 Revision: 3036 Date: Feb. 6, 2018, 8:19 a.m.
SB63 Revision: 2839 Date: Jan. 3, 2018, 5:01 p.m.
SB63 Revision: 2702 Date: Jan. 24, 2017, 10:21 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and Referred to Health and Human Services; SJ 4
Feb. 2, 2017 Hearing: 02/02/2017, Room 101, LOB, 09:15 am; SC 8
Feb. 9, 2017 Committee Report: Ought to Pass, 02/09/2017; SC 9
Feb. 9, 2017 Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 02/09/2017; SJ 5
March 16, 2017 Committee Report: Inexpedient to Legislate, 03/16/2017; SC 14
March 16, 2017 Sen. Giuda Moved to Rerefer, MA, VV; 03/16/2017; SJ 9
March 16, 2017 Without Objection, SB 63 is vacated from Finance and referred to Health and Human Services; 03/16/2017; SJ 9
Jan. 3, 2018 Committee Report: Ought to Pass with Amendment # 2017-2532s, 01/03/2018; SC 48
Jan. 3, 2018 Committee Amendment # 2017-2532s, AA, VV; 01/03/2018; SJ 1
Jan. 3, 2018 Ought to Pass with Amendment 2017-2532s, MA, VV; Refer to Finance Rule 4-5; 01/03/2018; SJ 1
Feb. 1, 2018 Committee Report: Ought to Pass with Amendment # 2018-0260s, 02/01/2018; SC 5
Feb. 1, 2018 Committee Amendment # 2018-0260s, RC 14Y-9N, AA; 02/01/2018; SJ 3
Feb. 1, 2018 Ought to Pass with Amendment 2018-0260s, RC 23Y-0N, MA; OT3rdg; 02/01/2018; SJ 3
March 7, 2018 Introduced 03/07/2018 and referred to Children and Family Law HJ 7 P. 50
March 20, 2018 Public Hearing: 03/20/2018 10:00 AM LOB 206
March 27, 2018 Executive Session: 03/27/2018 LOB 206
Committee Report: Ought to Pass with Amendment # 2018-1166h (Vote 11-1; CC)
April 5, 2018 Committee Report: Ought to Pass with Amendment # 2018-1166h for 04/05/2018 (Vote 11-1; CC) HC 13 P. 3
April 5, 2018 Amendment # 2018-1166h: AA VV 04/05/2018 HJ 11 P. 2
April 5, 2018 Ought to Pass with Amendment 1166h: MA VV 04/05/2018 HJ 11 P. 2
April 5, 2018 Referred to Finance 04/05/2018 HJ 11 P. 2
April 11, 2018 Division III Work Session: 04/11/2018 09:00 AM LOB 210-211
April 18, 2018 Executive Session: 04/18/2018 01:00 PM LOB 210-211
April 26, 2018 Committee Report: Ought to Pass with Amendment # 2018-1649h (NT) for 04/26/2018 (Vote 26-0; RC) HC 16 P. 11
Committee Report: Ought to Pass with Amendment # 2018-1649h (NT) (Vote 26-0; RC)
April 26, 2018 Amendment # 2018-1649h: AA VV 04/26/2018
April 26, 2018 Ought to Pass with Amendment 1649h: MA VV 04/26/2018
May 2, 2018 Sen. Bradley Moved to Concur with the House Amendment, MA, VV; 05/02/2018; SJ 15
May 10, 2018 Enrolled Bill Amendment # 2018-1959e: AA VV 05/10/2018
May 10, 2018 Enrolled Bill Amendment # 2018-1959e Adopted, VV, (In recess of 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 23, 2018 Signed by the Governor on 05/23/2018; Chapter 0057
Jan. 1, 2019 I. Section 5 Effective 01/01/2019
July 1, 2019 II. Section 8 Effective 07/01/2019
May 23, 2018 III. Remainder Effective 05/23/2018