Amendment 2023-0593s to SB175 (2023)

Relative to Medicaid coverage for mothers.


Revision: Feb. 17, 2023, 8:20 a.m.

Health and Human Services

February 16, 2023

2023-0593s

07/10

 

 

Amendment to SB 175-FN

 

Amend RSA 167:68, IV as inserted by section 3 of the bill by deleting subparagraph (e) and renumbering the original subparagraph (f) to read as subparagraph (e).

 

Amend the bill by replacing section 4 with the following:

 

4  Appropriation.  The sum of $300,000 for the fiscal year ending June 30, 2024 and $300,000 for the fiscal year ending June 30, 2025 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 3 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 said sums out of any money in the treasury not otherwise appropriated.  The department of health and human services may accept and expend matching federal funds without prior approval of the fiscal committee of the general court.

 

Amend RSA 275:82 as inserted by section 10 of the bill by replacing it with the following:

 

275:82  Penalties.  Any employer who violates any provision of this subdivision shall be subject to a one-time civil penalty pursuant to RSA 273:11-a.

 

Amend the bill by replacing all after section 11 with the following:

 

12  New Section; Wellness and Primary Prevention Council; Voluntary Home Visiting Program Report.  Amend RSA 126-M by inserting after section 6 the following new section:

126-M:7  Voluntary Home Visiting Program Report.  

I.  The council shall study how New Hampshire can reduce barriers, improve access, and create a system of universal access to voluntary home visiting programs available to all parents of newborns and young children designed to support families, bridge gaps between caretakers and community resources, and improve maternal and child health wellness.

II.  The council shall submit a report on any findings and recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor and the state library on or before October 15, 2024.

13  New Subdivisions; Medicaid Reimbursement-Eligible Doulas and Lactation Service Providers.  Amend RSA 310-A by inserting after section 221 the following new subdivisions:

Medicaid Reimbursement-Eligible Doulas and Lactation Service Providers

310-A:222  Doula and Lactation Service Provider Certification.

I.  For the purposes of Medicaid billing pursuant to RSA 126-A:99, the office of professional licensure and certification shall establish a doula certification process and establish a lactation service certification process to certify lactation service providers that are credentialed by the International Board of Lactation Examiners.

II.  The office of professional licensure and certification shall adopt rules pursuant to RSA 541-A relative to the authority set out in paragraph I.

III.  Nothing in this section shall prevent a person certified by this state pursuant to any other provision of law from performing the occupation for which he or she is certified.

14  New Section; System of Care for Children's Mental Health; Early Childhood Behavioral Health Supports.  Amend RSA 135-F by inserting after section 9 the following new section:

135-F:10  Early Childhood Behavioral Health Supports Established.

I.  The department of health and human services shall develop and maintain a publicly available network of trauma-informed early childhood mental health consultants and ensure ongoing training and consultation of the early childhood mental health consultants.  Early childhood mental health consultations shall be:

(a)  Provided by qualified mental health professionals who possess a masters or doctoral-level degree in the mental health field and who demonstrate evidence of specialized training and experience in infant and early childhood mental health as established by the department;  

(b)  Offered, if necessary, to children across settings and regardless of changes to setting and placement;

(c)  Integrated with other available behavioral health and family support services providers, including but not limited to the care management entities established under RSA 135-F, early childhood mental health services, and early supports and services; and

(d)  Implemented in accordance with this chapter and include, but not be limited to, the following services:

(1)  Conducting observation and assessment of a child and their caregivers across child care settings, including universal strengths-based assessments in accordance with this chapter and RSA 170-G:4-e and the use of valid and reliable measures of: trauma exposure, chronic exposure to stress and symptoms, emotional and behavioral development, and the strengths and needs of the caregiving/child-caregiver relationship;

(2)  Consulting with caregivers, teachers, directors, administrators, and other medical and behavioral health providers about the meaning of challenging behaviors and how to meet the needs of the child and care givers;

(3)  Strengthening caregiver and professional capacity to successfully handle challenging behaviors though developmentally appropriate methods, including but not limited to reflective questioning, developmental guidance, modeling, and role playing;

(4)  Offering training in young child socio-emotional development, emotional and behavioral regulation, and trauma exposure to caregivers and professionals; and

(5)  Be provided to any child 0-6 presenting with behaviors substantially interfering with their successful engagement in child care and to any child who is placed or at risk of being placed in foster care within 30 days of their placement in care.

II.  The department shall establish the eligibility and referral process for the consultations that prioritized children in foster care or at risk of being placed in foster care.

III.  Notwithstanding any paragraph of this section, the availability of consultations shall be subject to available appropriations to this program.

15  Appropriation; Early Childhood Mental Health Consultation.  The sum of $1,000,000 for the fiscal year ending June 30, 2024, and the sum of $1,000,000 for the fiscal year ending June 30, 2025, is hereby appropriated to the department of health and human services to support existing programs to provide trauma-informed early childhood mental health consultation to caregivers at home and in child care settings to support young children with exposure to adverse childhood experiences and who experience emotional and behavioral challenges.  Of this amount, the governor shall determine if any remaining 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 any remainder shall be general funds.  The funds shall be non-lapsing.  The governor is authorized to draw a warrant for the general fund share of said sums out of any money in the treasury not otherwise appropriated.

16  Effective Date.  

I.  Section 10 of this act, except for RSA 275:82, shall take effect July 1, 2025.

II.  RSA 275:82, as inserted by section 10 of this act shall take effect July 1, 2026.

III.  The remainder of this act shall take effect July 1, 2024.

2023-0593s

AMENDED ANALYSIS

 

This bill:

 

I.  Mandates that the department of health and human services extend Medicaid coverage for pregnant women to 12 months postpartum, to cover doula services, to cover lactation services, and to cover donor breast milk for eligible infants, and creates appropriations thereof.

 

II.  Establishes minimum workplace supports for nursing mothers.

 

III.  Makes an appropriation to the department of health and human services to support healthy outcomes for caregivers and children.

 

IV.  Mandates the wellness and primary prevention council study and submit a report on home visiting programs for all parents of newborns and young children.

 

V.  Mandates the department of health and human services establish a network of early childhood behavioral health supports and makes an appropriation thereof.