Bill Details - SB97 (2019)

SB 97  - AS INTRODUCED

 

 

2019 SESSION

19-0850

01/03

 

SENATE BILL 97

 

AN ACT relative to licensure of health facilities near a critical access hospital.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Reagan, Dist 17; Sen. Sherman, Dist 24; Sen. Hennessey, Dist 5; Sen. Starr, Dist 1; Rep. Marsh, Carr. 8; Rep. Hennessey, Graf. 1; Rep. Knirk, Carr. 3

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill requires an applicant seeking to construct certain health care facilities for licensure under RSA 151 to submit a report showing how the proposed project will affect certain health care services.

 

This bill is a request of the department of health and human services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0850

01/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to licensure of health facilities near a critical access hospital.

 

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

 

1  Health Facility Licensing; Application for Licensure.  Amend RSA 151:4, III(a)(7) to read as follows:

(7)  For any new facility to be licensed under RSA 151:2, I(a) or (d) to be located within a radius of 15 miles of a hospital certified as a critical access hospital, pursuant to 42 C.F.R. section 485.610(b) and (c), a written determination by the commissioner of health and human services, after inquiry to the critical access hospital, that the proposed new facility will not have a material adverse impact on the essential health care services provided in the service area of the critical access hospital.  The commissioner of health and human services shall provide a copy of the determination made pursuant to subparagraph (c) to the applicant and to the critical access hospital notified by the applicant of the application.

2  New Subparagraph; Residential Care and Health Facility Licensing; Application for Licensure.  Amend RSA 151:4, III by inserting after subparagraph (b) the following new subparagraph:

(c)(1)  In determining whether the applicant has met its burden of proving the absence of material adverse impact as required under subparagraph (a)(7), the commissioner shall review the following:

(A) A detailed expert report submitted by the applicant which shows how the proposed project will affect the health care services in the proposed service area in terms of utilization, patient charges, market share, physician referral patterns, personnel resources, and referral sources.  A copy of the report shall be provided to the critical access hospital at the same time it is submitted to the commissioner; and

(B)  Any materials which the critical access hospital might choose to submit to the commissioner in response to the applicant’s expert report.  Such responsive materials shall be filed within 90 days of the date of the filing of the applicant’s expert report.

(2)  The commissioner may retain any experts to assist the commissioner in making the determination.  If the commissioner utilizes any experts, the commissioner shall assess to the applicant the cost of retaining such experts.

(3)  In this subparagraph:

(A)  “Health care services” means those patient services provided by the critical access hospital to the service area.

(B)  “Material adverse impact” means that granting the application would more likely than not cause health care services provided by the critical access hospital in the service area to be reduced.

(4)  The application and any supporting material filed pursuant to this subparagraph, including the report required under subparagraph (1)(A), shall be public record.  The application shall be deemed filed and complete only if the applicant has met all of the requirements of subparagraph III(a).

3  New Paragraph; Residential Care and Health Facility Licensing; Application for Licensure.  Amend RSA 151:4 by inserting after paragraph III-a the following new paragraph:

III-b.  A new license under this section shall not take effect until a court has rendered a final determination regarding any appeal or other proceeding brought to challenge the commissioner’s licensure decision.  If no such appeal or other proceeding is filed, however, the new license shall take effect 10 days after the running of the period for the filing of any appeal or proceeding with the court.  

4  Effective Date.  This act shall take effect July 1, 2019.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Executive Departments and Administration; SJ 4
March 13, 2019 Hearing: 03/13/2019, Room 101, LOB, 10:10 am; SC 12

Action Dates

Date Body Type
March 13, 2019 Senate Hearing

Bill Text Revisions

SB97 Revision: 5031 Date: Jan. 17, 2019, 5:27 p.m.