Revision: April 2, 2025, 8:57 a.m.
HB 732-FN - AS AMENDED BY THE HOUSE
20Mar2025... 0761h
20Mar2025... 1037h
2025 SESSION
25-0756
05/11
HOUSE BILL 732-FN
SPONSORS: Rep. Cordelli, Carr. 7; Rep. Layon, Rock. 13; Rep. M. Pearson, Rock. 34; Rep. Mazur, Hills. 44; Sen. Gannon, Dist 23; Sen. Sullivan, Dist 18
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill requires medical care providers to review FDA medication guides with the parent, guardian, or state-designated caregiver before prescribing a psychotropic drug for a minor under Medicaid.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20Mar2025... 0761h
20Mar2025... 1037h 25-0756
05/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Psychotropic Drug Prescriptions for Children under Medicaid; Informed Consent Required. Amend RSA 167 by inserting after section 3-m the following new section:
167:3-n Psychotropic Drug Prescriptions for Children under Medicaid; Informed Consent Required.
I. In this section:
(a) “Psychotropic drugs” shall have the same meaning as "psychotropic medication", defined in RSA 169-D:2, XIII-a, and shall include stimulants, including ADHD drugs such as methylphenidate, antidepressants, antipsychotics, and other behavioral drugs.
(b) “Medical care providers” shall have the same meaning as in RSA 507-E:1, II.
(c) “FDA medication guides” are handouts that come with many prescription medicines. The guides address issues that are specific to particular drugs and drug classes, and they contain FDA-approved information that can help patients avoid serious adverse events.
(d) "State-designated caregiver" shall mean the department of health and human services if the department has authority to consent to medical treatment for the minor in accordance with RSA 463:12-a.
II.(a) Medical care providers prescribing psychotropic drugs to minors under Medicaid shall provide FDA medication guides to the parent, legal guardian, or state-designated caregiver before the prescription is issued.
(b) A physical copy of the FDA medication guide shall be printed and reviewed with the parent, legal guardian, or state-designated caregiver to explain:
(1) The FDA-identified risks of the medication, including pediatric-specific warnings.
(2) The signs of potential side effects and adverse drug reactions detailed within the medication guide.
III. Before a medical care provider prescribes a psychotropic drug, the provider shall obtain written informed consent from the parent, legal guardian, or state-designated caregiver confirming they have received and reviewed the FDA medication guide and understand the associated risks and side effects.
IV. Medical care providers who fail to comply with the requirements of this section may face penalties, including suspension of Medicaid reimbursements.
V. Medical care providers who fail to comply with the informed consent and medication guide requirements of this section shall be reported to the board of medicine or other appropriate governing board for the health care provider involved.
2 Effective Date. This act shall take effect April 1, 2026.
25-0756
4/2/25
HB 732-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENTS #2025-0761h and #2025-1037h)
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | $250,000 - $625,000 general fund increase; indeterminable federal fund increase | $1,000,000 - $2,500,000 general fund increase; indeterminable federal fund increase | $1,000,000 - $2,500,000 general fund increase; indeterminable federal fund increase | ||
Funding Source(s) | General Fund; matching federal funds | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill requires medical providers prescribing psychotropic drugs to minors under Medicaid to provide FDA medication guides to parents and guardians, review the medication guide with the parents and guardians, and obtain written informed consent from the parent or legal guardian confirming receipt, review, and an understanding of associated risks and side effects.
The Department of Health and Human Services contends the bill will result in considerable costs to the state for investigating complaints and disenrolling providers who choose not to accept Medicaid recipients as patients due to the additional requirements imposed on these providers. In the aggregate, the Department expects increased general fund costs of $1 million to $2.5 million per year, with an indeterminable impact on federal matching funds. As the bill has an effective date of April 1, 2026, the fiscal impact in FY26 will be one-quarter of the annual amount.
AGENCIES CONTACTED:
Department of Health and Human Services