Bill Text - HB1707 (2020)

Expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.


Revision: Jan. 13, 2020, 3:50 p.m.

HB 1707-FN - AS INTRODUCED

 

 

2020 SESSION

20-3107

05/06

 

HOUSE BILL 1707-FN

 

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

 

SPONSORS: Rep. Martin, Hills. 23; Rep. Wallner, Merr. 10; Rep. Shurtleff, Merr. 11; Rep. Ebel, Merr. 5; Rep. Berrien, Rock. 18; Rep. Mulligan, Graf. 12

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill expands the family centered early supports and services program to children under the age of 3 who are born substance exposed.  The bill requires the department to initiate an amendment to the state Medicaid plan and revised rulemaking on or before November 1, 2020.

 

The bill is a request of the study committee established in 2019, 19 (HB 111).

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3107

05/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

 

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

 

1  New Section; Services for the Developmentally Disabled; Family-Centered Early Supports and Services Program.  Amend RSA 171-A by inserting after section 18 the following new section:

171-A:18-a  Family-Centered Early Supports and Services Program.  The department shall administer a family-centered early supports and services (FCESS) program designed for children birth through age 3 who have a diagnosed, established condition that has a high probability of resulting in delay, are experiencing developmental delays, or are at risk for substantial developmental delays if supports and services are not provided.  A child under the age of 3 who was born with, and identified as being affected by, substance abuse or withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder shall be eligible for FCESS.  The department shall adopt rules under RSA 541-A relative to the FCESS program, including application procedures, program administration, and eligibility criteria consistent with this section.

2  Rulemaking Timeline.  On or before November 1, 2020, the department of health and human services shall submit the proposed administrative rule change to He-M 510 and any amendment to the state Medicaid plan required to implement section 1 of this act to the joint legislative committee on administrative rules.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-3107

Revised 1/13/20

 

HB 1707-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

 

FISCAL IMPACT:      [    ] State              [    ] County               [    ] Local              [ X ] None

 

 

METHODOLOGY:

This bill establishes in statute a family-centered early supports and services (FCESS) program to provide services for children from birth to age three who: (1) have an established condition that has a high probability of resulting in developmental delays, (2) are experiencing developmental delays, (3) are at risk for substantial developmental delays if supports are not provided, or (4) were born with, and identified as being affected by, substance use or withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder.  The Department of Health and Human Services states that such a program is already established in the He-M 510 series administrative rules.  Specifically, with respect to children with substance use or withdrawal symptoms, the Department notes that He-M 510.02(1)(10) currently allows for services to children experiencing "developmental delay secondary to severe toxic exposure," which the Department has interpreted to include prenatal drug exposure or fetal alcohol syndrome.  Accordingly, the Department expects the bill to have no fiscal impact.   

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

HB 1707-FN - AS INTRODUCED

 

 

2020 SESSION

20-3107

05/06

 

HOUSE BILL 1707-FN

 

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

 

SPONSORS: Rep. Martin, Hills. 23; Rep. Wallner, Merr. 10; Rep. Shurtleff, Merr. 11; Rep. Ebel, Merr. 5; Rep. Berrien, Rock. 18; Rep. Mulligan, Graf. 12

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

─────────────────────────────────────────────────────────────────

 

ANALYSIS

 

This bill expands the family centered early supports and services program to children under the age of 3 who are born substance exposed.  The bill requires the department to initiate an amendment to the state Medicaid plan and revised rulemaking on or before November 1, 2020.

 

The bill is a request of the study committee established in 2019, 19 (HB 111).

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

20-3107

05/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

 

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

 

1  New Section; Services for the Developmentally Disabled; Family-Centered Early Supports and Services Program.  Amend RSA 171-A by inserting after section 18 the following new section:

171-A:18-a  Family-Centered Early Supports and Services Program.  The department shall administer a family-centered early supports and services (FCESS) program designed for children birth through age 3 who have a diagnosed, established condition that has a high probability of resulting in delay, are experiencing developmental delays, or are at risk for substantial developmental delays if supports and services are not provided.  A child under the age of 3 who was born with, and identified as being affected by, substance abuse or withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder shall be eligible for FCESS.  The department shall adopt rules under RSA 541-A relative to the FCESS program, including application procedures, program administration, and eligibility criteria consistent with this section.

2  Rulemaking Timeline.  On or before November 1, 2020, the department of health and human services shall submit the proposed administrative rule change to He-M 510 and any amendment to the state Medicaid plan required to implement section 1 of this act to the joint legislative committee on administrative rules.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-3107

Revised 1/13/20

 

HB 1707-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

 

FISCAL IMPACT:      [    ] State              [    ] County               [    ] Local              [ X ] None

 

 

METHODOLOGY:

This bill establishes in statute a family-centered early supports and services (FCESS) program to provide services for children from birth to age three who: (1) have an established condition that has a high probability of resulting in developmental delays, (2) are experiencing developmental delays, (3) are at risk for substantial developmental delays if supports are not provided, or (4) were born with, and identified as being affected by, substance use or withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder.  The Department of Health and Human Services states that such a program is already established in the He-M 510 series administrative rules.  Specifically, with respect to children with substance use or withdrawal symptoms, the Department notes that He-M 510.02(1)(10) currently allows for services to children experiencing "developmental delay secondary to severe toxic exposure," which the Department has interpreted to include prenatal drug exposure or fetal alcohol syndrome.  Accordingly, the Department expects the bill to have no fiscal impact.   

 

AGENCIES CONTACTED:

Department of Health and Human Services