Revision: May 6, 2022, 1:27 p.m.
Sen. Bradley, Dist 3
May 6, 2022
2022-1982s
05/
Draft Merged Senate Amendment to HB 1099
Amend the title of the bill by replacing it with the following:
AN ACT relative to medical freedom in immunizations, re-establishing the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Farmers Market Nutrition Program, establishing an association health plan pilot program, and relative to expanding Medicaid to include certain postpartum health care services and making an appropriation therefor.
Amend the bill by replacing all after the enacting clause with the following:
1 Communicable Disease; Medical Freedom in Immunizations. Amend RSA 141-C:1-a, I to read as follows:
I. Every person has the natural, essential, and inherent right to bodily integrity, free from any threat or compulsion by government to accept an immunization. Accordingly, no person may be compelled to receive an immunization for COVID-19 in order to secure, receive, or access any public facility, any public benefit, or any public service from the state of New Hampshire, the New Hampshire department of health and human services, or any political subdivision [thereof] of the state of New Hampshire, including but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities.
2 New Section; Special Supplemental Nutrition Program for WIC Farmers Market Nutrition Program. Amend RSA 132 by inserting after section 12-e the following new section:
132:12-f WIC Farmers' Market Nutrition Program. There is established in the department of health and human services the New Hampshire Farmers' Market Nutrition Program for participants in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). The program shall distribute food instruments to eligible WIC participants to redeem for locally grown fresh fruits, vegetables and herbs at authorized New Hampshire farmers’ markets in compliance with 7 C.F.R. 248 that are redeemable only at designated New Hampshire farmers’ markets. The commissioner shall adopt rules under RSA 541-A to implement this program.
3 Appropriation; WIC Farmers' Market Nutrition Program. There is hereby appropriated to the department of health and human services the sum of $300,000 for the fiscal year ending June 30, 2023, which shall be nonlapsing, for the purpose of funding the WIC Farmers' Market Nutrition Program in RSA 132:12-f. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
4 Association Health Plans; Pilot Program. No later than January 1, 2023, the commissioner shall develop and implement a pilot program for the establishment of association health plans (AHP). The pilot program shall include all state-mandated health plan coverage, and no state-mandated health plan coverage shall be exempt. Membership in an AHP may be based on profession, line of business, or geographic region, and shall be open to any eligible person regardless of age or health history or status. The pilot program shall be limited to 1,000 participants and shall comply with the United States Department of Labor AHP final rule published in 83 Fed. Reg. 28912 (June 21, 2018) codified at 29 C.F.R. 2510. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to eligibility, application, and selection procedures, and necessary operational provisions of the pilot program. No later than January 1, 2024, and annually thereafter, the commissioner shall submit a report on the status of the pilot program to the speaker of the house of representatives, the president of the senate, the governor, and the chairpersons of the house and senate standing committees with jurisdiction over insurance matters.
5 Repeal. Section 4 of this act, relative to the association health plan pilot program, is repealed.
6 Title. Sections 6-9 of this act shall be known and may be cited as the "Healthy Moms, Healthy Babies Act of 2022".
7 New Paragraph; Medicaid Enhancement for Children and Pregnant Women. Amend RSA 167:68 by inserting after paragraph III the following new paragraph:
IV.(a) Pursuant to the state option under the American Rescue Plan Act of 2021 to expand maternity care under Medicaid and section 1902(e)(16) of the Social Security Act (42 U.S.C. section 1396a(e)), the commissioner of the department of health and human services shall submit, no later than August 15, 2022, a Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services to establish and implement 12 months of continuous coverage for the entire postpartum period. This benefit shall be available to anyone who received medical assistance under the state plan for all pregnancy-related and postpartum medical assistance available under the state plan.
(b) The purpose of the program shall be, through ensuring continuous coverage for a 12-month postpartum period, to increase identification and mitigation of preventable pregnancy related and pregnancy associated morbidity and mortality, including those related to substance use disorder and mental illness.
(c) The medical assistance provided for a pregnant or postpartum woman under this section shall, consistent with Section 1902(e)(16) include all items and services covered under the state plan that are not less in amount, duration, or scope, or are determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in subsection (a)(10)(A)(i); and be provided for the individual while pregnant and during the 12-month period that begins on the last day of the individual’s pregnancy and ends on the last day of the month in which such 12-month period ends.
(d) On January 1, 2023, the commissioner shall begin submitting quarterly reports to the oversight committee on health and human services, the legislative committees with jurisdiction over health and human services, and the governor regarding the department's progress in obtaining and implementing the state plan amendment. The quarterly reports shall include the department's plans for reducing administrative burdens for enrollees and the department’s efforts to expand access and participation to voluntary, evidence-based maternal home visiting programs, pursuant to subparagraph (a). Reports submitted under this paragraph shall also be posted on the department's website.
(e) The department shall include in its biennial request for appropriations under RSA 9:4, not less than $200,000 for each fiscal year, for the purpose of providing the postpartum health care services required under this paragraph.
8 Appropriation. The sum of $200,000 for the biennium ending June 30, 2023 is hereby appropriated to the department of health and human services for the purpose of expanding postpartum health care services under the state Medicaid plan as provided in section 7 of this act. The governor shall determine if any discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2, or any other federal funds, can be used for this purpose, and the commissioner shall expend such federal funds for this purpose. Any remainder shall be appropriated from the general fund. The governor is authorized to draw a warrant for the general fund portion of such sum from any money in the treasury not otherwise appropriated.
9 Prospective Repeal. RSA 167:68, IV, relative to Medicaid coverage of postpartum health care services for a 12-month period, is repealed.
I. Section 1 of this act shall take effect 60 days after its passage.
II. Sections 2 and 3 of this act shall take effect July 1, 2022.
III. Section 5 of this act shall take effect July 1, 2025.
IV. Section 9 of this act shall take effect March 31, 2027.
V. The remainder of this act shall take effect upon its passage.
2022-1982s
AMENDED ANALYSIS
This bill:
I. Clarifies that no person shall be required to receive a Covid-19 vaccination in order receive benefits or services from the department of health and human services.
II. Re-establishes the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Farmers Market Nutrition Program and makes an appropriation for this purpose.
III. Requires the insurance commissioner to establish a pilot program for association health plans.
IV. Directs the department of health and human services to submit a state plan amendment to temporarily expand postpartum coverage under Medicaid, establishes a quarterly reporting requirement, and makes an appropriation to the department for this purpose. The program expansion is repealed March 31, 2027.