Revision: April 28, 2022, 1:06 p.m.
House Finance
April 28, 2022
2022-1883h
05/10
Amendment to SB 430-FN-A
Amend the bill by replacing section 3 with the following:
3 Department of Health and Human Services; Developmental Services; Pilot Program.
I. For the fiscal year ending June 30, 2023, the department of health and human services, division of long term supports and services, shall develop a pilot program to provide services for individuals with developmental disabilities, between 18 and 21 years of age, who are enrolled in school and determined eligible for developmental services that are not the responsibility of the local education agency, another state agency, or another division of the department. Participation in the pilot program plan shall be limited to not more than 20 eligible individuals. The selection of the eligible individuals shall be done in a transparent manner accessible by any interest party in the developmental disability community. The department may adopt rules under RSA 541-A relative to implementation and administration of the pilot program.
II. For purposes of the pilot program, the local education agency, all state agencies, and divisions of the department involved with an individual seeking services shall, with the consent of the individual or the individual’s guardian, provide information to the area agency and participate in the individual’s service planning. The area agency shall provide such information to the department.
III. In addition, the department shall use the information provided in accordance with paragraph II to make the final determination as to whether the services requested are the legal responsibility of the local education agency, another state agency, or another division of the department. All services provided through the pilot program shall be described in detail and provided to the interested parties identified in paragraph V. This requirement shall not be construed as authorization to report personally identifiable information of the program participants.
IV. For individuals deemed eligible pursuant to paragraph I, the time period between completion of the individual service agreement, pursuant to RSA 171-A:12, and the allocation by the department of the funds needed to perform the services required by the agreement shall not exceed 90 calendar days.
V. On or before February 1, 2023, the department shall provide a detailed report of the pilot program plan 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, the house finance committee, the oversight committee on health and human services established in RSA 136-A:13, and the fiscal committee of the general court. 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.
VI. If the department determines that all necessary coordination for the pilot program has been sufficiently completed, the department may make a request to the fiscal committee of the general court to begin implementation of the pilot program on an appropriate effective date. The pilot program shall not begin until approval by the fiscal committee of the general court.
VII. There is hereby appropriated to the department of health and human services the sum of $2,800,000, for the fiscal year ending June 30, 2023, for the purpose of implementing the pilot program plan or the pilot itself, for developmental services established in this section. Additionally, the department may accept and expend any applicable federal funds, and any gifts, grants, or donations that may be available for the purposes of the pilot program. In the event of any remaining funds not otherwise expended after reaching the cap of serving 20 eligible individuals under the pilot program, the department may allocate funding and provide services to additional eligible individuals. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
Amend the bill by replacing section 6 with the following:
6 New Sections; Recreation Camp Licensing; Confidentiality and Investigations. Amend RSA 170-E by inserting after 66 the following new sections:
170-E:67 Confidentiality and Investigations. The department may request and shall receive cooperation from other state agencies in connection with investigations and licensure. The department shall strictly observe the confidentiality requirements of the agency from which it receives information.
170-E:68 License Suspension, Revocation, or Denial. The department may suspend, revoke, or deny any license if the license holder:
I. Neglects or abuses children in his or her care;
II. Does not comply with this subdivision or the rules adopted under this subdivision relative to the health and safety of children;
III. Violates any provision of this subdivision, or is unable to meet and maintain standards adopted by the commissioner;
IV. Substantially or repeatedly violates any provisions of the license issued;
V. Furnishes or makes any misleading or any false statement or report to the department;
VI. Refuses or fails to submit any reports or to make available to the department any records required by it in making an investigation of the facility for licensing purposes;
VII. Refuses or fails to submit to an investigation or to the required visits by the department;
VIII. Refuses or fails to admit authorized representatives of the department at any time the camp is in operation for the purpose of investigation or visit;
IX. Fails to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for recreation camps as required under standards prescribed by rules adopted by the commissioner under RSA 541-A or as otherwise required by any law, rule, ordinance, or term of the license applicable to the location of such facility; or
X. Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subdivision and rules adopted under it.
Amend the bill by replacing section 29 with the following:
29 Department of Health and Human Services; Office of Reimbursement; Duties. Amend RSA 126-A:34, I(a) to read as follows:
(a) Review and investigate all records of the New Hampshire hospital, [Laconia developmental services,] the secure psychiatric unit, the Glencliff home, and [the Anna Philbrook center] the Hampstead hospital or other state-owned facilities that provide child inpatient psychiatric treatment within the state mental health system, relative to expenses incurred by patients, residents, or clients at such institutions, facilities, or programs or expenses incurred by patients, residents, or clients receiving care, treatment, services, or maintenance at the direction of the commissioner of health and human services, and make recommendations to the commissioner and to the respective superintendents or directors of such institutions, facilities, or programs as to the rates to be charged for the care, treatment, and maintenance of such patients, residents, or clients.
Amend the bill by replacing all after section 63 with the following:
I. Sections 1-3, 6, 15, 16, 22, 28, 52, 53, and 55 of this act shall take effect July 1, 2022.
II. Sections 17 and 23 of this act shall take effect 60 days after its passage.
III. Sections 25-27 of this act shall take effect June 30, 2022.
IV. Sections 7, 8 and 62 of this act shall take effect January 1, 2023.
V. Sections 57-61 of this act shall take effect 30 days after its passage.
VI. The remainder of this act shall take effect upon its passage.
2022-1883h
AMENDED ANALYSIS
This bill:
1. Establishes a special fund for administration of opioid treatment programs.
2. Establishes a pilot program plan for individuals with developmental disabilities, requires approval of the fiscal committee for implementation of the program, and makes an appropriation for this purpose.
3. Revises the department’s authority to recover unauthorized payments by the state.
4. Repeals certain reporting requirements.
5. Establishes investigatory procedures and licensing criteria for recreational camps.
6. Allows for alternative service of process under RSA 169-C when a child’s parent cannot be located.
7. Creates a separate category of foster care license for kinship care homes.
8. Removes the requirement that the department charge premiums for medical assistance provided under MEAD and MOAD.
9. Allows the department to address the court in guardianship and spousal support cases involving Medicaid recipients or suspected victims of abuse or exploitation.
10. 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.
11. Modifies the blood test requirement for purposes of lead paint poisoning prevention and control.
12. Clarifies the food service licensure exemption for recreational camps.
13. Revises certain department of health and human services employee position titles.
14. Provides shift differential payments to clinical staff at New Hampshire hospital and the Glencliff home and makes an appropriation for this purpose.
15. Establishes new positions for inpatient treatment of children’s behavioral health.
16. Permits salary adjustments for recruitment or retention of classified clinical positions at New Hampshire hospital and the Glencliff home.
17. Removes references to the Anna Philbrook center, Laconia state school, and Laconia developmental services and inserts a reference to Hampstead hospital.
18. Increases the fee for certain child care employment eligibility cards.
19. Establishes requirements for the transfer or discharge of residents from certain child care agencies.
20. Makes an appropriation to the department of health and human services for hospital birthing services.
21. Permits consultation and follow up care via telehealth from out-of-state health care providers.
22. 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.
23. Changes the penalty for disclosure of confidential information in an abuse or neglect proceeding under RSA 169-C from a misdemeanor to a violation.