Revision: March 19, 2025, 3:14 p.m.
Rep. McLean, Hills. 15
March 12, 2025
2025-0964h
05/02
Amendment to HB 548-FN
Amend the bill by replacing section 1 with the following:
1 Residential Care and Health Facility Licensing; License or Registration Required; Moratorium; Exception for Membership-Based and Direct Payment Facilities. Amend RSA 151:2, VI(a)(1) to read as follows:
(1) No new license shall be issued for, and there shall be no increase in licensed capacity of, any nursing home, skilled nursing facility, intermediate care facility, or rehabilitation facility, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services. This moratorium shall not apply to:
(A) Any facility that is not a nursing home or skilled nursing facility, that operates on a membership-based business model or exclusively provides services to persons who make direct payment for services;
(B) Any rehabilitation facility whose sole purpose is to treat individuals for substance use disorder or mental health issues; or [to]
(C) Any continuing care facility for which a certificate of authority has been issued by the insurance commissioner pursuant to RSA 420-D:2.
Amend RSA 151:2-f, II as inserted by section 4 of the bill by replacing it with the following:
II. Subparagraph I(a) shall not apply to intermediate care facilities or rehabilitation facilities, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services facilities, that operate on a membership-based business model or exclusively provide services to persons who make direct payment for services. For the 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.
2025-0964h
AMENDED ANALYSIS
This bill exempts direct-pay health care facilities from certain licensing requirements and policies in RSA 151:2-f as well as the moratorium on licensing and bed capacity in RSA 151:2, VI(a) provided that the facility is not a nursing home or skilled nursing facility. The bill also establishes a patient's bill of right for direct-pay facilities and directs the department of health and human services to study direct-pay models.