Revision: May 10, 2023, 3:35 p.m.
Rep. Hoell, Merr. 27
May 10, 2023
2023-1750h
05/07
Floor Amendment to SB 263-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the New Hampshire granite advantage health care program and the commission to evaluate the effectiveness and future of the New Hampshire granite advantage health care program, relative to requirements for licensure near critical access hospitals, and relative to direct payment and membership-based health care facilities.
Amend the bill by inserting after section 7 the following and renumbering the effective date to be the last numbered section:
8 Requirements for Licensure Near Critical Access Hospital. Amend RSA 151:4-a, II(a) and the introductory paragraph of II(b) to read as follows:
II.(a) Except as otherwise provided in paragraph III, any person or entity proposing to establish an ambulatory surgical center, emergency medical care center, hospital, birthing center, drop-in or walk-in care center, dialysis center, or special health care service within a radius of 15 miles of the primary physical location of a New Hampshire hospital certified as a critical access hospital pursuant to 42 C.F.R 485.610(b) and (c), shall give written notice of the intent to establish a health care facility within a 15 mile radius with a description of the facility or special health care service to the chief executive officer of the hospital by certified mail.
(b) Except as otherwise provided in paragraph III, if, within 30 days of receipt of the notification under subparagraph (a), the critical access hospital notifies the department of health and human services that it objects to the establishment of the proposed health care facility and articulates a detailed basis for its objection, an expert report shall be completed by an independent contractor retained by the department and approved by the critical access hospital and proposed health care facility to determine whether or not the new facility will have a material adverse impact. If, after proposing 3 independent contractors in a period not to exceed 30 days, the critical access hospital and proposed health care facility cannot agree on an independent contractor selected by the commissioner of the department of health and human services, the commissioner shall independently designate the independent contractor to perform the assessment and create the expert report. The expert report shall be prepared as follows:
9 New Paragraph; Requirements for Licensure Near Critical Access Hospital; Exception for Critical Access Hospitals Participating in the Granite Advantage Health Care Program.
III. The notice to a critical access hospital required under subparagraph II(a) and the opportunity for the critical access hospital to object to the proposed health care facility under subparagraph II(b) shall not apply to a critical access hospital that is participating in the New Hampshire granite advantage health care program under RSA 126-AA.
10 Residential Care And Health Facility Licensing; Policies Required for Health Facilities and Special Health Care Service Licenses; Direct Payment and Membership-Based Facilities Excluded. Amend RSA 151:2-f, I to read as follows:
I. Adopt and enforce a written policy to assure that the facility provides its services to all persons who require the services the facility provides regardless of the source of payment for the services provided to any person, unless the facility operates on a membership-based business model or exclusively provides services to persons who make direct payment for services. For purposes of this paragraph, a direct payment is one that is paid directly by the patient and is not reimbursed or otherwise paid by a third party;
2023-1750h
AMENDED ANALYSIS
This bill:
I. Reestablishes and revises the membership and duties of the commission to evaluate the effectiveness and future of the New Hampshire granite advantage health care program. The commission is repealed November 1, 2028.
II. Permanently extends the New Hampshire granite advantage health care program by removing the prospective repeal of the program that was to take effect on December 31, 2023.
III. Removes the transfer of funds from the alcohol abuse prevention and treatment fund to the granite advantage health care trust fund.
IV. Removes the restriction on locating a health care facility within a 15 mile radius of a critical access hospital if the hospital is participating in the granite advantage health care program.
V. Exempts facilities operating with membership-based or direct payment business models from the special health care licensing requirement that the facility adopt a policy to assure that it provides services to all persons who require the services of the facility regardless of the source of payment.