SB 242-FN - AS AMENDED BY THE SENATE
03/16/2023 0845s
03/16/2023 0921s
03/30/2023 1144s
2023 SESSION
23-1030
09/08
SENATE BILL 242-FN
AN ACT relative to Medicaid direct certification.
SPONSORS: Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Fenton, Dist 10; Sen. Ricciardi, Dist 9; Rep. Wallner, Merr. 19; Rep. Simpson, Rock. 33
COMMITTEE: Health and Human Services
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ANALYSIS
This bill directs the department of health and human services, and the department of education to participate in the Demonstration Projects for states to evaluate the impact of using medicaid eligibility data to directly certify students for free and reduced price school meals administered by the USDA.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/2023 0845s
03/16/2023 0921s
03/30/2023 1144s 23-1030
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to Medicaid direct certification.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court hereby finds:
I. Childhood hunger has been increasing in New Hampshire since the pandemic, at a time when rising costs make it harder not only for families, but for local communities and nonprofits to respond adequately to rising needs.
II. Studies have shown that schoolchildren who receive nutritious meals are more likely to have higher achievement scores, have fewer disciplinary problems, are less likely to be absent or tardy to class and have better health outcomes.
III. School children who are considered low income or receive public assistance qualify for free or reduced-price school meals. The state department of education and the state department of health and human services maintain various databases to ascertain which schoolchildren are eligible for these programs.
IV. Research from other states shows that Medicaid direct certification increases the participation of low-income schoolchildren in free school meals and reduces administrative costs for schools. Research has also shown direct certification improves the integrity of the meal programs because it ensures that the children receiving the meals are truly needy.
V. The state department of education and the state department of health and human services have had a memorandum of understanding for 16 years to share direct certification data so that children on SNAP and TANF, and also children who are homeless, migrant, in foster care or enrolled in Head Start can be directly certified for free and reduced meals. These children are considered “categorically eligible” for free meals without submitting an application under Federal law.
VI. The state department of education and the state department of health and human services have maintained the privacy and confidentiality of directly certified children for the last 16 years.
2 New Paragraphs; School Boards, Superintendents, Teachers; and Truant Officers; Food and Nutrition Programs. Amend RSA 189:11-a by inserting after paragraph VIII the following new paragraphs:
IX. The department of education shall seek participation in the Demonstration Projects for states to evaluate the impact of using Medicaid eligibility data to directly certify students for free and reduced price school meals administered by the United States Department of Agriculture (USDA). The department of health and human services shall assist the department of education as needed in pursuing and implementing Medicaid direct certification.
X. The department of education and department of health and human services shall submit an application for participation in the Demonstration Projects for states to evaluate the impact of using Medicaid eligibility data to directly certify students for free and reduced price school meals administered by the United States Department of Agriculture (USDA) no later than September 1, 2023.
XI. Within 30 days of acceptance into the Demonstration Projects for states to evaluate the impact of using Medicaid eligibility data to directly certify students for free and reduced price school meals administered by the United States Department of Agriculture (USDA), the department of education and department of health and human services shall implement the program.
XII. School districts shall provide notice to parents of children who are identified as eligible for free or reduced meals through Medicaid Direct Certification that they can choose to opt out of the free and reduced school lunch program.
3 Appropriation. The sum of $ 1 for the biennium ending June 30, 2025 is hereby appropriated to the department of education for the purpose of participating in the school meals Medicaid direct certification Demonstration Projects described in RSA 189:11-a. 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. 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.
4 Effective Date. This act shall take effect upon its passage.
23-1030
1/11/23
SB 242-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to Medicaid direct certification.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Department of Education and Department of Health and Human Services
| Date | Amendment |
|---|---|
| March 8, 2023 | 2023-0845s |
| March 16, 2023 | 2023-0921s |
| March 21, 2023 | 2023-1144s |
| Date | Body | Type |
|---|---|---|
| Feb. 15, 2023 | Senate | Hearing |
| March 16, 2023 | Senate | Floor Vote |
| March 30, 2023 | Senate | Floor Vote |
Dec. 20, 2023: Inexpedient to Legislate, Senate Rule 3-23, Adjournment 10/26/2023; SJ 21
March 30, 2023: Pending Motion OT3rdg; 03/30/2023; SJ 12
March 30, 2023: Sen. Gray Moved Laid on Table, MA, VV; 03/30/2023; SJ 12
March 30, 2023: Ought to Pass with Amendment 2023-1144s, MA, VV; 03/30/2023; SJ 12
March 30, 2023: Committee Amendment # 2023-1144s, AA, VV; 03/30/2023; SJ 12
March 22, 2023: Committee Report: Ought to Pass with Amendment # 2023-1144s, 03/30/2023; SC 15
March 16, 2023: Ought to Pass with Amendments 2023-0845s, and 2023-0921s, MA, VV; Refer to Finance Rule 4-5; 03/16/2023; SJ 10
March 16, 2023: Sen. Whitley Floor Amendment # 2023-0921s, AA, VV; 03/16/2023; SJ 10
March 16, 2023: Committee Amendment # 2023-0845s, AA, VV; 03/16/2023; SJ 10
March 8, 2023: Committee Report: Ought to Pass with Amendment # 2023-0845s, 03/16/2023; SC 13
Feb. 8, 2023: Hearing: 02/15/2023, Room 101, LOB, 10:30 am; SC 10
Jan. 24, 2023: Introduced 01/19/2023 and Referred to Health and Human Services; SJ 5