Revision: March 13, 2023, 1:08 p.m.
SB 105-FN - AS INTRODUCED
2023 SESSION
23-0795
05/08
SENATE BILL 105-FN
SPONSORS: Sen. Rosenwald, Dist 13; Sen. Perkins Kwoka, Dist 21; Sen. Fenton, Dist 10; Rep. T. Lekas, Hills. 38; Rep. Nutter-Upham, Hills. 8; Rep. Edwards, Rock. 31
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill removes the possibility that omission of certain information on a live birth worksheet may result in a violation or criminal penalty; requires that the mother affirmatively consent to the inclusion of certain identifiable health information on the live birth worksheet; and repeals the requirement that the birth worksheet be retained permanently.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0795
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Vital Records Administration; Duties and Responsibilities; Application of Criminal Penalty Limited. Amend RSA 5-C:14 by inserting after paragraph II the following new paragraph:
II-a. Subparagraph II(a) shall apply only to the information on the mother's worksheet that is used for the birth certificate and shall not apply to the mother's, father's, or the mother's female partner's information, or the mother's statistical information.
2 New Paragraphs; Vital Records Administration; Duties and Responsibilities; Application of Violation Limited; Consent Required. Amend RSA 5-C:14 by inserting after paragraph IV the following new paragraphs:
V. Paragraph IV shall not apply to an individual who refuses consent for disclosure of her statistical information or that of her newborn, or any other personally identifiable health information contained on the facility worksheet for certificate of live birth.
VI. Mothers shall be given the opportunity to give or withhold consent for release of their identifiable health information from their and their newborn's medical records on the facility worksheet for certificate of live birth.
3 Revision of Worksheet Forms.
I. No later than January 1, 2024, the division of vital records, in consultation with the division of public health services, hospitals, and freestanding birth centers, shall present revised mother and facility worksheet forms and a signature document for the mother's consent to disclosure of identifiable health information contained in the facility worksheet to the oversight committee on health and human services for approval.
II. No later than 12 months after receiving that approval, revised paper and electronic forms shall be in use.
4 Repeal. RSA 5-C:96, II(d) and (e), relative to permanent retention of the birth worksheet, are repealed.
5 Effective Date. This act shall take effect upon its passage.
23-0795
Revised 3/13/23
SB 105-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | ($0 to $169,000) | ($0 to $169,000) | ($0 to $169,000) |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Vital Records Administration Fund | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
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METHODOLOGY:
This bill removes class B felony penalties and violations penalties for certain criteria pertaining to a mother's worksheet and refusal of consent for disclosure of certain items. It also repeals RSA 5-C:96, II(d) and (e), relative to permanent retention of the birth worksheet. Lastly it requires, no later than January 1, 2024, the Division of Vital Records, in consultation with the Division of Public Health Services, hospitals, and freestanding birth centers, to present revised mother and facility worksheet forms and a signature document for the mother's consent to disclosure of identifiable health information contained in the facility worksheet to the oversight committee on health and human services for approval.
The Department of State indicates requiring the Division of Vital Records Administration to update its paper forms will not have an impact as those form changes are regularly recorded by the Division. However, the Department states updating the electronic forms has an estimated cost of $100,000 in FY 2024. The Department also notes currently the Division has a contract with the CDD, the Vital Statistics Cooperative Program Contract, which requires the Division to share vital record information from the birth form. Changing the data reported to the CDC may cause NH to default on the contract resulting in a potential loss in contract revenue going into the Vital Records Administration Fund of $169,000 per a year. This fund is used to pay personnel costs in vital records. Any lost revenue in this fund would need to be supported by the General Funds to cover the costs.
The Department of Health and Human Services (DHHS) states in the extreme instance allowing access to aggregated, de-identified and accurate birth certificate worksheet data is reduced or incomplete the result could be the loss of federal funding that supports the work of the state’s CDC Pregnancy Risk Assessment Monitoring System, CDC’s Preventing Maternal Deaths through the Maternal Mortality Review Committee, the Health Resources and Services Administrations Title V Block Grant activities, Maternal and Child Health State Systems Development Initiative, Maternal, Infant and Early Childhood Home Visiting program and Child Abuse Prevention and Treatment Act programming. If that were to happen the estimate cost in grants of $8m (see details below) could be placed in jeopardy.
This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would not 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 2023 | FY 2024 through 12/31/23 | FY 2024 (Starting 1/1/24 with repeal of Felonies First) | ||||||||
Violation and Misdemeanor Level Offense | $119 | $122 | $122 | ||||||||
Complex Felony Case | $3,195 | $3,244 | $3,366 | ||||||||
Routine Criminal Case | $644 | $657 | $779 | ||||||||
Appeals | Varies | Varies | Varies | ||||||||
Judicial Council | FY 2023 | FY 2024 | |||||||||
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. | |||||||||
Contract Attorney - Felony | $825/Case $105 administrative fee $200 incarceration fee (If applicable) | $825/Case $105 administrative fee $200 incarceration fee (If applicable) | |||||||||
Contract Attorney – Misdemeanor | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | |||||||||
Contract Attorney - Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $2,490/Case $140 administrative fee $200 incarceration fee (If applicable) | $2,490/Case $140 administrative fee $200 incarceration fee (If applicable) | |||||||||
Assigned Counsel - Felony. Homicide including capital cases. Travel time to court does not count toward the cap. | $125/Hour up to $20,000 | $125/Hour up to $20,000 | |||||||||
Assigned Counsel - Major Crimes. Aggravated felonious sexual assault, felonious sexual assault, first degree assault, class A felony robbery and felony arson. Travel time to court does not count toward the cap. | $125/Hour up to $12,500 | $125/Hour up to $12,500 | |||||||||
Assigned Counsel - Felony. Travel time to court does not count toward the cap. | $90/Hour up to $5,500 | $90/Hour up to $5,500 | |||||||||
Assigned Counsel- Misdemeanor. Travel time to court does not count toward the cap. | $90/Hour up to $2,000 | $90/Hour up to $2,000 | |||||||||
Assigned Counsel - Supreme Court Appeal | $125/Hour up to $10,000 | $125/Hour up to $10,000 | |||||||||
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. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake of new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments. | |||||||||||
Department of Corrections | FY 2023 | FY 2024 | |||||||||
FY 2022 Average Cost of Incarcerating an Individual | $64,223 | $64,223 | |||||||||
FY 2022 Annual Marginal Cost of a General Population Inmate | $6,123 | $6,123 | |||||||||
FY 2022 Average Cost of Supervising an Individual on Parole/Probation | $688 | $688 | |||||||||
The Department notes any increase in the incarcerated population will have a direct impact on overtime costs given the Department’s history of challenges associated with recruitment. In addition, the NH State Prison for Men has a degrading infrastructure which will only be exacerbated if an increase in the incarcerated population were to occur. | |||||||||||
NH Association of Counties | FY 2023 | FY 2024 | |||||||||
County Prosecution Costs | Indeterminable | Indeterminable | |||||||||
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $125 | $105 to $125 | |||||||||
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly fewer cases or handle less appeals, then costs will decrease by an indeterminable amount.
AGENCIES CONTACTED:
Department of State, Department of Health and Human Services, Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties