Revision: Dec. 15, 2023, 3:45 p.m.
HB 1616 - AS INTRODUCED
2024 SESSION
24-2459
05/10
HOUSE BILL 1616
AN ACT relative to parental consent for student participation in Medicaid to schools program.
SPONSORS: Rep. Cordelli, Carr. 7; Rep. Hill, Merr. 2; Rep. Cushman, Hills. 28; Rep. Mazur, Hills. 44; Rep. T. Lekas, Hills. 38; Rep. Ammon, Hills. 42; Rep. Verville, Rock. 2; Rep. Phillips, Rock. 7; Rep. Kofalt, Hills. 32
COMMITTEE: Education
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ANALYSIS
This bill requires schools to obtain parental consent for each service is provided to a student under the Medicaid to schools program. Violation of the requirement would subject the educator to disciplinary action by the state board of education. The bill also requires certain legislative policy committees to receive reports regarding the Medicaid to schools program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2459
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to parental consent for student participation in Medicaid to schools program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Medicaid to Schools Program; Parental Consent Required. Amend RSA 186-C:25, VII to read as follows:
VII. Beginning on September 1, 2018, the commissioner of the department of health and human services shall submit an annual report to the senate president, the speaker of the house of representatives, the chairpersons of the house and senate policy committees with jurisdiction over education, the chairpersons of the house and senate policy committees with jurisdiction over health and human services, and the chairpersons of the house and senate finance committees regarding the total cost of the Medicaid to schools program and the number of students who received services through the program during the prior school year.
VIII. Written parental consent shall be obtained for each new service provided to a Medicaid enrolled child pursuant to RSA 200:27-a. For the purpose of this paragraph and RSA 200:27-a, each new service shall mean each new Medicaid International Classification of Diseases (ICD) diagnostic code.
IX. Any educator who orders, refers, prescribes, renders, or provides services under this section without parental consent shall be in violation of this section and shall be considered in violation of the educator code of conduct that justifies disciplinary sanction by the state board of education. In this section, "educator" shall be as defined in RSA 193:40, V.
2 School Health Services; Consent of Parent or Legal Guardian Required. Amend RSA 200:27-a to read as follows:
200:27-a Consent of Parent or Legal Guardian Required. A child's participation in any program that provides medical or dental treatment in any school setting shall require the explicit written consent of the child's parent or legal guardian for each new service as defined by a new diagnostic billing code.
3 Effective Date. This act shall take effect January 1, 2025.