CHAPTER 326
HB 393 - FINAL VERSION
19Mar2019... 1023h
06/06/2019 2437s
06/06/2019 2456s
27Jun2019... 2546-CofC
27Jun2019... 2658-EBA
2019 SESSION
19-0383
05/08
HOUSE BILL 393
SPONSORS: Rep. Conley, Straf. 13; Rep. Frost, Straf. 16; Rep. Vann, Hills. 24; Rep. Loughman, Rock. 21; Rep. Prout, Hills. 37; Rep. Horn, Merr. 2; Sen. Watters, Dist 4
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill:
I. Establishes a committee to study child care costs, affordability, and accessibility in the state of New Hampshire.
II. Increases the number of tuition waivers for persons who are or were in state foster care or under guardianship.
III. Clarifies the penalties for violations related to obtaining public assistance.
IV. Amends RSA 417-F:4, relative to reimbursement for emergency room boarding.
V. Revises the membership of the commission to study the environmental and health effects of 5G technology established in HB 522.
VI. Clarifies that the moratorium on health facilities licensure does not apply to certain continuing care facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Mar2019... 1023h
06/06/2019 2437s
06/06/2019 2456s
27Jun2019... 2546-CofC
27Jun2019... 2658-EBA 19-0383
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
326:1 Committee Established. There is established a committee to study child care in New Hampshire.
326:2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
326:3 Duties. The committee shall study child care costs, affordability, and accessibility issues in New Hampshire. The study shall consider the adequacy and cost of existing child care services and identify ways to expand affordable, quality child care services. The committee shall solicit information from child care providers, members of the public who use child care services, the department of health and human services, and any other individual or entity with information the committee deems relevant to its study.
326:4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
326:5 Report. The committee shall submit 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. The committee shall submit its final report on or before November 1, 2020.
326:6 State College and University System; Tuition Waivers for Children in State Foster Care or Guardianship. Amend RSA 187-A:20-b, II(d) to read as follows:
(d) In an out-of-home placement under the supervision of the division for juvenile justice services at the time of his or her [17th] 18th birthday.
326:7 State College and University System; Tuition Waivers for Children in State Foster Care or Guardianship. Amend RSA 187-A:20-b, III(a) to read as follows:
III.(a) Eligible individuals interested in a tuition waiver shall annually apply on forms provided and within the deadlines established by the university system of New Hampshire and the community college system of New Hampshire for their respective institutions. No more than [10] 15 tuition waivers per year shall be granted by the university system of New Hampshire and no more than [10] 15 tuition waivers per year shall be granted by the community college system of New Hampshire. The university system of New Hampshire and the community college system of New Hampshire shall have the authority to develop eligibility criteria for their respective institutions designed to give the children with the greatest financial need first priority in the tuition waiver program. Such eligibility criteria shall also include provisions for continuing eligibility based on continued full-time enrollment and satisfactory academic progress as defined by the institution
326:8 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children; Penalties. Amend RSA 167:17-c, I(a) to read as follows:
(a) A class A felony if the value of the monetary award or goods or services in question [is] exceeds $1,500 [or more];
326:9 Reimbursement for Emergency Room Boarding. Amend RSA 417-F:4 to read as follows:
417-F:4 Reimbursement for Emergency Room Boarding. Following the completion of an involuntary admission certificate for a patient meeting the criteria under RSA 135-C:27 and not rescinded under RSA 135-C:29-a, the insurer shall pay the acute care hospital a per diem day rate required to board and care for the patient, to be contracted between the insurer and acute care hospital, for each day the insured is waiting in an acute care medical hospital located in the state for admission for psychiatric treatment at New Hampshire Hospital, a community-based designated receiving facility, or a voluntary admission. The day rate required to board and care for the patient may be billed for up to 21 consecutive days or discharge, whichever is sooner, and shall be renewed as needed for patient protection. The rate is deemed to cover all costs incurred by a hospital for the boarding and non-medical care of the insured and shall not be billed to the insured. This does not preclude a hospital from billing for other medically necessary services. Any qualified mental health worker employed by or contracted with the hospital, community mental health care center, or affiliate providing mental health services and supports to an insured in an emergency department in the hospital service areas while they are waiting for an inpatient or other psychiatric admission shall be reimbursed for those mental health services including diagnostic services by the insurer at the negotiated rate. [No prior authorization shall be required by any insurer for mental health services deemed medically necessary provided in this setting under this section.] Mental health services provided in this setting under this section shall be deemed medically necessary and shall not require prior authorization by an insurer. This section shall apply to the Medicaid managed care organizations subject to contract and rate agreements between the state of New Hampshire and the managed care organizations. The reimbursement for emergency room board and care shall be incorporated into the capitated rate for managed care services.
326:10 Commission to Study the Environmental and Health Effects of Evolving 5G Technology; Membership. RSA 12-K:13, I(e) is repealed and reenacted to read as follows:
(e) Two members of the New Hampshire Tech Alliance, appointed by that organization.
326:11 New Subparagraph; Commission to Study the Environmental and Health Effects of Evolving 5G Technology; Membership. Amend RSA 12-K:13, I by inserting after subparagraph (k) the following new subparagraph:
(l) The commissioner of business and economic affairs, or designee.
326:12 Contingency. If HB 522 of the general legislative session becomes law, sections 10 and 11 of this act shall take effect at 12:01 a.m. on the date that HB 522 takes effect. If HB 522 of the general legislative session does not take effect, sections 10 and 11 of this act shall not take effect.
326:13 Health Facilities Licensure; Applicability of Moratorium. Amend RSA 151:2, VI(a) to read as follows:
(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 or to any continuing care facility for which a certificate of authority has been issued by the insurance commissioner pursuant to RSA 420-D:2.
I. Sections 10 and 11 of this act shall take effect as provided in section 12 of this act.
II. Section 9 of this act shall take effect at 12:01 a.m. on July 1, 2019.
III. The remainder of this act shall take effect upon its passage.
Approved: August 16, 2019
Effective Date:
I. Sections 10 and 11 shall take effect as provided in section 12.
II. Section 9 shall take effect on July 1, 2019 at 12:01 a.m.
III. Remainder shall take effect August 16, 2019.
| Date | Body | Type |
|---|---|---|
| March 5, 2019 | House | Hearing |
| March 13, 2019 | House | Exec Session |
| House | Floor Vote | |
| March 19, 2019 | House | Floor Vote |
| April 9, 2019 | Senate | Hearing |
| April 16, 2019 | Senate | Hearing |
| May 30, 2019 | Senate | Floor Vote |
| May 30, 2019 | Senate | Floor Vote |
| June 6, 2019 | Senate | Floor Vote |
| June 6, 2019 | Senate | Floor Vote |
| June 27, 2019 | Senate | Floor Vote |
| June 27, 2019 | Senate | Floor Vote |
| June 27, 2019 | House | Floor Vote |
Aug. 16, 2019: Signed by Governor Sununu 08/16/2019; Chapter 326; I. Sec. 10 & 11 Eff: as provided in Sec.12 II. Sec. 9 Eff: 07/01/2019 at 12:01am III. Rem. Eff: 08/16/2019
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 59
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled Bill Amendment # 2019-2658e: AA VV 06/27/2019 HJ 20 P. 56
June 27, 2019: Enrolled Bill Amendment # 2019-2658e Adopted, VV, (In recess of 06/27/2019); SJ 21
June 27, 2019: Conference Committee Report 2546c: Adopted, VV 06/27/2019 HJ 20 P. 32
June 27, 2019: Conference Committee Report # 2019-2546c, Adopted, VV; 06/27/2019; SJ 21
June 27, 2019: Conference Committee Report Filed, # 2019-2546c; 06/27/2019
June 13, 2019: Conferee Change: Rep. Camarota Replaces Rep. Jurius 06/13/2019 HJ 19 P. 20
June 18, 2019: Conference Committee Meeting: 06/18/2019 09:00 am LOB 206
June 6, 2019: President Appoints: Senators Sherman, Chandley, Bradley; (In Recess 06/06/2019); SJ 20
June 6, 2019: Sen. Sherman Accedes to House Request for Committee of Conference, MA, VV; (In recess 06/06/2019); SJ 20
June 6, 2019: Speaker Appoints: Reps. Long, Berrien, Diggs, Jurius 06/06/2019 HJ 18 P. 43
June 6, 2019: House Non-Concurs with Senate Amendment 2437s and 2456s and Requests CofC (Rep. Long): MA VV 06/06/2019 HJ 18 P. 43
June 6, 2019: Ought to Pass with Amendments 2019-2437s and 2019-2456s, MA, VV; OT3rdg; 06/06/2019; SJ 19
June 6, 2019: Sen. Bradley Floor Amendment # 2019-2456s, RC 14Y-10N, AA; 06/06/2019; SJ 19
June 6, 2019: Sen. Sherman Floor Amendment # 2019-2437s, AA, VV; 06/06/2019; SJ 19
June 6, 2019: Committee Amendment # 2019-2352s, RC 10Y-14N, AF; 06/06/2019; SJ 19
June 6, 2019: Special Order to the end of Energy and Natural Resources, Without Objection, MA; 06/06/2019; SJ 19
June 6, 2019: Committee Report: Ought to Pass with Amendment # 2019-2352s, 06/06/2019; SC 25
May 30, 2019: Special Order to the next session, Without Objection, MA; 05/30/2019; SJ 18
May 30, 2019: Committee Report: Ought to Pass with Amendment # 2019-2352s, 05/30/2019; SC 24A
April 16, 2019: Hearing: 04/16/2019, Room 101, LOB, 01:30 pm, on proposed amendment # 2019-1485s; SC 18
April 9, 2019: Hearing: 04/09/2019, Room 101, LOB, 02:30 pm; SC 17
March 28, 2019: Introduced 03/28/2019 and Referred to Health and Human Services; SJ 12
March 19, 2019: Ought to Pass with Amendment 2019-1023h: MA VV 03/19/2019 HJ 10 P. 3
March 19, 2019: Amendment # 2019-1023h: AA VV 03/19/2019 HJ 10 P. 3
: Committee Report: Ought to Pass with Amendment # 2019-1023h (Vote 18-1; CC)
March 19, 2019: Committee Report: Ought to Pass with Amendment # 2019-1023h for 03/19/2019 (Vote 18-1; CC) HC 16 P. 3
March 13, 2019: Executive Session: 03/13/2019 10:00 am LOB 206-208
March 5, 2019: Public Hearing: 03/05/2019 11:15 am LOB 206
Jan. 31, 2019: Vacated and Referred to Children and Family Law (): MA VV 01/31/2019 HJ 4 P. 2
Jan. 3, 2019: Introduced 01/03/2019 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 12