Bill Text - SB86 (2019)

Establishing a commission to study programs for serving individuals with certain developmental and mental health disabilities.


Revision: May 23, 2019, 11:59 a.m.

SB 86 - AS AMENDED BY THE HOUSE

 

03/07/2019   0607s

03/07/2019   0739s

23May2019... 1664h

 

2019 SESSION

19-0930

01/03

 

SENATE BILL 86

 

AN ACT establishing a commission to study programs for serving individuals with certain developmental and mental health disabilities.

 

SPONSORS: Sen. Rosenwald, Dist 13; Sen. Chandley, Dist 11; Sen. Levesque, Dist 12; Sen. Reagan, Dist 17; Rep. Bernet, Hills. 4; Rep. Marsh, Carr. 8; Rep. McMahon, Rock. 7; Rep. Martin, Hills. 23

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill establishes a commission to study programs for serving individuals with psychiatric diagnoses and/or high risk behaviors; including criminal behaviors, who are being served in New Hampshire's developmental services system.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2019   0607s

03/07/2019   0739s

23May2019... 1664h 19-0930

01/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT establishing a commission to study programs for serving individuals with certain developmental and mental health disabilities.

 

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

 

1  New Subdivision; Commission To Study the Needs of Certain Individuals in New Hampshire's Developmental Services System.  Amend RSA 171-A by inserting after section 33 the following new subdivision:

Commission To Study the Needs of Certain Individuals in New Hampshire's Developmental Services System

171-A:34  Commission To Study the Needs of Certain Individuals in New Hampshire's Developmental Services System.

I.  There is hereby established a commission to study the needs of individuals with psychiatric diagnoses and/or high risk behaviors, including criminal behaviors, who are being served in New Hampshire’s developmental services system.

II.(a)  The members of the commission shall be as follows:

(1)  One member of the senate, appointed by the president of the senate.

(2)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

(3)  One person receiving services or family member of a person receiving services in the developmental services system, appointed by the governor.

(4)  The commissioner of the department of health and human services, or designee.

(5)  The attorney general, or designee.

(6)  The commissioner of the department of corrections, or designee.

(7)  A representative of the area agencies, appointed by the Community Support Network, Inc. (CSNI).

(8)  A representative of community mental health centers, appointed by the New Hampshire Community Behavioral Health Association.

(9)  A representative of New Hampshire hospital, appointed by the hospital.

(10)  A psychologist licensed under RSA 329-B, appointed by the Community Support Network, Inc. (CSNI).

(11)  A representative of the New Hampshire council on developmental disabilities, appointed by the council.

(12)  A representative of the Brain Injury Association of New Hampshire, appointed by the association.

(13)  A representative of the New Hampshire Medical Society, appointed by the society.

III.  The commission shall:

(a)  Review existing New Hampshire laws and rules relative to individuals with developmental disabilities and psychiatric diagnoses and/or high risk behaviors, including criminal behaviors.

(b)  Review data relevant to:

(1)  The number of individuals with psychiatric diagnoses and/or high risk behaviors, including criminal behaviors, in the developmental services system.

(2)  Services currently available to individuals with psychiatric diagnoses and/or high risk behaviors, including criminal behaviors, in the developmental services system.

(3)  Service system needs of individuals with psychiatric diagnoses and/or high risk behaviors, including criminal behaviors, in the developmental services system.

(4)  Best service system options for addressing the needs of individuals with psychiatric diagnoses and/or high risk behaviors, including criminal behaviors, currently in the developmental services system.

(c)  Make recommendations for accomplishing best service system delivery and addressing service system gaps for individuals with psychiatric diagnoses and/or high risk behaviors, including criminal behaviors, currently in the developmental services system.  Commission recommendations may include, but shall not be limited to: proposed legislation; suggested rulemaking; department planning, including inter-department collaboration and memoranda of understanding; and nongovernmental organization roles.  In formulating its recommendations, the commission shall consider the requirements of 42 C.F.R. section 441.301(c)(4), which requires that certain Medicaid-funded services be provided in settings that are integrated with the community beginning in 2022.

IV.  In the performance of its duties, the commission may solicit information and testimony from any person or entity with expertise or experience relevant to the study.  

V.  The members of the commission shall elect a chairperson from among the members.  The first meeting of the commission shall be called by the first-named senate member.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  Eight members of the commission shall constitute a quorum.

VI.  The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 30, 2019.

2  Repeal.  RSA 171-A:34, relative to a commission to study the needs of certain individuals in New Hampshire’s developmental services system, is repealed.  

3  Effective Date.  

I.  Section 2 of this act shall take effect November 30, 2019.

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