Revision: March 29, 2022, 5:36 p.m.
Senate Finance
March 29, 2022
2022-1273s
05/10
Amendment to SB 430-FN-A
Amend paragraph V of section 3 of the bill by replacing it with the following:
V. On or before February 1, 2023, the department shall provide a detailed report of the pilot program to the senate health and human services committee, the senate finance committee, the house children and family law committee, the house health, human services and elderly affairs committee, and the house finance committee. The report shall include data on utilization, including the number of individuals seeking services in accordance with paragraph I, the number of individuals provided services as part of the pilot program, the types of specific services provided for each individual, the total cost of the services provided, and other relevant information necessary to assess the pilot program for statewide expansion as part of the state budget for the biennium ending June 30, 2025.
Amend the bill by replacing section 4 with the following:
4 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children; Unauthorized Payments; Recovery by State. RSA 167:17-a is repealed and reenacted to read as follows:
167:17-a Unauthorized Payments; Recovery by State. Any sums paid to or on behalf of any person under the provisions of RSA 167 as a result of any false statement, misrepresentation or concealment of or failure to disclose the receipt of property, wages, income or resources by such person or by any person legally liable for his or her support may be recovered through administrative or judicial process, in an action brought by the state or the commissioner of the department of health or human services, or his or her designee, against such person. The commissioner of the department of health and human services shall recover any unauthorized payments pursuant to applicable federal and state law by either reasonably adjusting current and future grant amounts received by the person violating the provisions of this section, or through repayment to the department during such time the person is not currently receiving public assistance. A person who knowingly, and with malfeasance, assists a recipient or another person in obtaining an overpayment shall be jointly and severally liable for the overpayment unless prohibited by federal law.
Amend the bill by replacing sections 7 and 8 with the following:
7 New Paragraph; Child Protection Act; Issuance of Summons and Notice. Amend RSA 169-C:8 by inserting after paragraph I the following new paragraph:
I-a. If the location of the parent or parents is unknown as set forth in an affidavit filed with the court in which the petitioner describes its efforts to locate the parent or parents, the court may, upon request of the petitioner, order the petitioner to provide notice by publication once a week for 2 successive weeks in a newspaper of general circulation where that person was last domiciled or by certified mail at the last known address. Notwithstanding the time limits in paragraph I, if service by publication is ordered, the preliminary hearing should not be later than 40 days from the date the petition is filed and no sooner than 7 days from the last date of publication. The need for service by publication shall constitute extraordinary circumstances to extend the time for an adjudicatory hearing, pursuant to RSA 169-C:15, III(d).
8 Child Protection Act; Preliminary Hearing. Amend RSA 169-C:15, IV to read as follows:
IV. The court shall determine whether each parent summoned[, having custody or control of the child,] understands the possible consequences to parental rights should the court find that the child is abused or neglected. Each person shall sign a statement stating that such person understands the consequences to parental rights. Such statement shall be in a form to be determined by the court.
Amend the bill by replacing section 17 with the following:
17 Department of Health and Human Services; Preventative Health Care Benefits; Medicaid Program. The commissioner of the department of health and human services shall, if necessary, submit a Title XIX Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services to establish and provide preventative health care benefits under the state Medicaid program for nicotine cessation, transitional care management, chronic care management, diabetes prevention program, and screening, brief intervention, and referral to treatment (SBIRT) services. In addition, the commissioner may adopt rules under RSA 541-A relative to the preventative health care benefits described in this section.
Amend the bill by replacing section 26 with the following:
26 Department of Health and Human Services; Eligibility for Assistance. Amend RSA 167:4, I(b) to read as follows:
(b) To the extent permissible under federal law, in the case of an applicant for public assistance or medical assistance who has made an assignment or transfer of assets to an individual for less than fair market value within 60 months or in the case of transfers of real estate, or transfers of assets to a trust or portions of a trust that are treated as assets disposed of by the individual within 60 months immediately preceding the date of application or while the application is pending, or in the case of a recipient of public assistance or medical assistance who makes such an assignment or transfer while in receipt of the assistance, the assistance sought shall only be granted or continue to be granted in accordance with rules establishing restrictions and eligibility criteria for such cases as adopted by the commissioner of the department of health and human services under RSA 541-A, subject to applicable federal regulations and waiver approval, if any, and review by the oversight committee on health and human services, established in RSA 126-A:13. The oversight committee on health and human services shall make a report to the legislative fiscal committee which shall have final approval authority.
Amend the bill by replacing section 36 with the following:
36 Department of Health and Human Services; Inpatient Treatment of Children’s Behavioral Health; Positions Established. There are hereby established within the department of health and human services, 6 full-time, unclassified positions to manage inpatient treatment of children’s behavioral health, in the division for behavioral health services. Subject to the completion of process and procedures of the joint committee on employee classification, established in RSA 14:14-c, the department shall transfer the existing 6 non-classified employees established for the same purposes to the newly established unclassified positions set forth in this section; and, thereafter, the department shall eliminate the 6 non-classified positions.
Amend the bill by replacing all after section 71 with the following:
72 Department of Health and Human Services; Medicaid Reimbursement Rates for Hospital Birthing Services.
I. In order to ensure adequate access to labor services for women in New Hampshire, the department of health and human services shall increase the Medicaid reimbursement rate for facility-based birthing services provided at hospitals by 25 percent, in the aggregate, based on the rate in effect as of June 30, 2022.
II. The commissioner of health and human services shall have the discretion to implement the reimbursement increase to adjust for access risk geographically; provided that no critical access hospital or non-critical access hospital receives less than a 20 percent increase.
III. The sum of $2,400,000 for the fiscal year ending June 30, 2023 is hereby appropriated to the department of health and human services for the purpose of increasing Medicaid reimbursement rates for hospital birthing services as provided in this section. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
73 New Paragraph; Out-of-State Providers; Consultation and Follow-up Care via Telehealth Permitted. Amend RSA 310-A:1-g by inserting after paragraph VI the following new paragraph:
VII. Physicians and physician assistants, governed by RSA 329 and RSA 328-D; advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b; midwives, governed by RSA 326-D; psychologists, governed by RSA 329-B; allied health professionals, governed by RSA 328-F; dentists, governed by RSA 317-A; mental health practitioners governed by RSA 330-A; community mental health providers employed by community mental health programs pursuant to RSA 135-C:7; alcohol and other drug use professionals, governed by RSA 330-C; and dietitians, governed by RSA 326-H shall be authorized to provide consultation services or follow-up care via telehealth to a patient who previously received services from the provider in the state where the provider is licensed.
I. Sections 1-3, 18, 19, 25, 37, 61, 62, 71 and 72 of this act shall take effect July 1, 2022.
II. Section 17 of this act shall take effect June 30, 2023.
III. Sections 27-31 of this act shall take effect 30 days after its passage.
IV. Sections 20, 26, and 32 of this act shall take effect 60 days after its passage.
V. Sections 34-36 of this act shall take effect June 30, 2022.
VI. Sections 7 and 8 of this act shall take effect January 1, 2023.
VII. The remainder of this act shall take effect upon its passage.
2022-1273s
AMENDED ANALYSIS
This bill:
I. Establishes a special fund for administration of opioid treatment programs.
II. Establishes a pilot program for individuals with developmental disabilities.
III. Permits a physician licensed in another state to provide consultation services or follow up care via telemedicine to an existing patient.
IV. Revises the department’s authority to recover unauthorized payments by the state.
V. Repeals certain reporting requirements.
VI. Allows for alternative service of process under RSA 169-C when a child’s parent cannot be located.
VII. Creates a separate category of foster care license for kinship care homes.
VIII. Grants the department guardianship of a child following surrender of parental rights under RSA 170-B.
IX. Expands the state Medicaid plan to include preventative health care benefits.
X. Removes the requirement that the department charge premiums for medical assistance provided under MEAD and MOAD.
XI. Allows the department to address the court in guardianship and spousal support cases involving Medicaid recipients or suspected victims of abuse or exploitation.
XII. Directs the department to submit a Medicaid state plan amendment to allow certain family caregivers or legally responsible persons of Medicaid recipients to serve as personal care attendants and makes an appropriation for this purpose.
XIII. Revises the “look back” period for Medicaid eligibility for long term care.
XIV. Removes the criminal background check requirement for designated caregivers in the therapeutic cannabis program and modifies the criminal background check requirement for alternative treatment center agents.
XV. Modifies the blood test requirement for purposes of lead paint poisoning prevention and control.
XVI. Clarifies the food service licensure exemption for recreational camps.
XVII. Revises childcare license definitions.
XVIII. Revises certain department of health and human services employee position titles.
XIX. Provides shift differential payments to clinical staff at New Hampshire hospital and the Glencliff home and makes an appropriation for this purpose.
XX. Establishes new positions for inpatient treatment of children’s behavioral health.
XXI. Permits salary adjustments for recruitment or retention of classified clinical positions at New Hampshire hospital and the Glencliff home.
XXII. Removes references to the Anna Philbrook center, Laconia state school, and Laconia developmental services.
XXIII. Appropriates a portion of the funds received by the state from the Centene settlement to the department of health and human services for the purpose of completing the Medicaid Care Management SFY 2020 Risk Corridor calculation.