SB 671-FN - AS INTRODUCED
2020 SESSION
20-2745
01/10
SENATE BILL 671-FN
AN ACT relative to nursing home standards.
SPONSORS: Sen. Ward, Dist 8; Sen. Sherman, Dist 24; Sen. Gray, Dist 6; Sen. Chandley, Dist 11; Sen. Reagan, Dist 17; Sen. Giuda, Dist 2; Sen. Birdsell, Dist 19; Sen. Bradley, Dist 3; Rep. Potucek, Rock. 6
COMMITTEE: Health and Human Services
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ANALYSIS
This bill declares that New Hampshire residents requiring nursing home care shall not be placed in out-of-state facilities which do not meet the requirements of New Hampshire law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2745
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to nursing home standards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Nursing Home Facilities. Amend RSA 151 by inserting after section 12-b the following new section:
151:12-c Placement in Nursing Home Facilities. A resident of New Hampshire requiring nursing home care shall not be placed in any out-of-state facility which does not meet the requirements of this chapter and other standards of care under New Hampshire law.
2 Effective Date. This act shall take effect January 1, 2021.
20-2745
1/7/20
SB 671-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to nursing home standards.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 | |
Appropriation | $0 | $0 | $0 | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | ||||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
METHODOLOGY:
This bill establishes a new section, RSA 151:12-c, providing that New Hampshire residents requiring nursing home care shall not be placed in out-of-state facilities that do not meet the requirements of RSA 151 or other standards of care under state law. The Department of Health and Human Services assumes the bill will have no fiscal impact on that department, as its regulatory authority is limited to nursing home facilities within the state.
Existing RSA 151:16 establishes penalties that would apply to those who violate the newly-established section. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2021 | FY 2022 |
Violation Level Offense | $52 | $54 |
Class B Misdemeanor | $54 | $56 |
Class A Misdemeanor | $77 | $79 |
Simple Criminal Case | $300 | $314 |
Routine Criminal Felony Case | $484 | $498 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
AGENCIES CONTACTED:
Department of Health and Human Services
| Date | Body | Type |
|---|---|---|
| Jan. 21, 2020 | Senate | Hearing |
| March 5, 2020 | Senate | Floor Vote |
March 5, 2020: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 03/05/2020; SJ 5
March 5, 2020: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 03/05/2020; SC 9
Jan. 21, 2020: Hearing: 01/21/2020, Room 101, LOB, 02:20 pm; SC 3
Jan. 8, 2020: Introduced 01/08/2020 and Referred to Health and Human Services; SJ 2