HB 751-FN - AS AMENDED BY THE HOUSE
6Mar2025... 0220h
2025 SESSION
25-0268
05/11
HOUSE BILL 751-FN
SPONSORS: Rep. McLean, Hills. 15; Rep. Newell, Ches. 4; Rep. Paquette, Hills. 25; Rep. Prudhomme-O'Brien, Rock. 13; Sen. Long, Dist 20
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill requires outpatient substance use disorder treatment programs to be licensed by the department of health and human services. The bill also directs the department to designate a behavioral health specialist within the office of the ombudsman to review complaints regarding substance use or mental health treatment facilities. The bill makes an appropriation to the department of health and human services to establish a compliance officer position to implement the requirements of the act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2025... 0220h 25-0268
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 Department of Health and Human Services, Department Established; Office of the Ombudsman. Amend RSA 126-A:4, III to read as follows:
III. The department shall establish an office of the ombudsman to provide assistance to clients of the department by investigating and resolving complaints regarding any matter within the jurisdiction of the department including services or assistance provided by the department or its contractors. The ombudsman's office may provide mediation or other means for informally resolving complaints. The records of the ombudsman's office shall be confidential and shall not be disclosed without the consent of the client on whose behalf the complaint is made, except as may be necessary to assist the service provider to resolve the complaint, or as required by law. Subject to available funding, the department shall designate within the office of the ombudsman a behavioral health specialist dedicated solely to investigating and resolving complaints to promote the health, safety, welfare, or civil or human rights of any person receiving the treatment or services of a substance use disorder or mental health treatment facility.
2 New Subparagraph; Residential Care and Health Facility Licensing; Outpatient Substance Use Disorder Treatment Facilities; License Required. Amend RSA 151:2, I by inserting after subparagraph (f) the following new subparagraph:
(g) Outpatient substance use disorder treatment facilities, including long-term remission monitoring, medically managed outpatient, intensive outpatient, high-intensity outpatient, partial hospitalization, and medically managed intensive outpatient programs. Impaired driver care management programs under RSA 265-A and nonclinical recovery support services, including but not limited to individual and group recovery coaching and 12-step programs, shall be exempt from licensure.
3 New Hampshire Department of Health and Human Services; Position Established; Appropriation. For the biennium ending June 30, 2027, the sum of $211,000 is hereby appropriated to the department of health and human services for the purpose of establishing one compliance officer I position to fulfill the requirements of this act. The department of health and human services shall work with the department of administrative services, division of personnel, to determine the appropriate classification in accordance with the personnel classification system and applicable broad group specifications. The governor is authorized to draw a warrant for said sum out of 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.
I. Section 3 shall take effect July 1, 2025.
II. The remainder of this act shall take effect 60 days after its passage.
25-0268
1/4/25
HB 751-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to certification of alcohol and other substance misuse treatment facilities.
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 | $50,000 to $75,000 | $50,000 to $75,000 | $50,000 to $75,000 | ||
Revenue Fund(s) | Substance use center certification fees | |||||
Expenditures* | $0 | $872,000 | $389,000 | $399,000 | ||
Funding Source(s) | General Fund Substance Use Treatment and Certification Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill establishes a certification process for substance use treatment programs and facilities operating in the state of New Hampshire. The Department of Health and Human Services would be required to maintain a publicly available listing of all certified programs and facilities, as well as all investigatory reports, monitoring reports, and final decisions made relative to certification. In addition, the bill establishes a new substance use treatment certification fund. All fees received from certification will be kept in the separate fund. The Department notes that certification rates are intended to be based on the revenue needed to support operation of the program, but operational costs may be greater than reasonable fees will allow, resulting in a need for additional general funds. Finally, the bill states that the Department shall designate an individual within its Ombudsman's office to investigate and resolve complaints to promote the health, safety, welfare, and civil or human rights of anyone receiving treatment at substance use or mental health treatment facilities. The bill expressly notes that the Department's new responsibilities are subject to available funding.
The Department states that although the total number of substance use treatment agencies is unknown, there are 65 individual organizations enrolled with Medicaid as substance use disorder outpatient groups or programs, with a total of 106 separate sites. There are also agencies that are not enrolled with Medicaid, as well as fluctuation in agencies opening and closing over time. In addition, the bill includes residential facilities within its definition of treatment programs and facilities. The Department estimates a total of 50-150 agencies in need of certification, requiring four additional staff: three Licensing and Evaluation Coordinators and one Supervisor IV, at a total cost of $322,000 in FY25, $339,000 in FY26, and $349,000 in FY27. In addition, the Department anticipates a one-time IT infrastructure cost of $500,000 in FY26. The Department notes that although the program is intended to be self-funded through the substance use treatment and certification fund, the positions will need to be filled before any revenues are received, resulting in a general fund cost in the first year of implementation.
With respect to the responsibilities added to the Ombudsman's Office, the Department anticipates costs of up to $50,000 per year to cover training for existing Ombudsman personnel, as well as for certified providers.
AGENCIES CONTACTED:
Department of Health and Human Services
| Date | Amendment |
|---|---|
| Feb. 19, 2025 | 2025-0220h |
| Date | Body | Type |
|---|---|---|
| Feb. 5, 2025 | House | Hearing |
| Feb. 5, 2025 | House | Exec Session |
| Feb. 12, 2025 | House | Floor Vote |
March 11, 2025: Division III Work Session: 03/17/2025 10:00 am LOB 210-211
March 6, 2025: Referred to Finance 03/06/2025 HJ 7
March 6, 2025: Ought to Pass with Amendment 2025-0220h: MA RC 216-152 03/06/2025 HJ 7
March 6, 2025: Amendment # 2025-0220h (NT): AA VV 03/06/2025 HJ 7
Feb. 19, 2025: Minority Committee Report: Inexpedient to Legislate
Feb. 19, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-0220h (NT) 02/12/2025 (Vote 12-6; RC) HC 14 P. 24
Feb. 19, 2025: Executive Session: 02/05/2025 10:30 am LOB 210-211
Jan. 29, 2025: Public Hearing: 02/05/2025 10:30 am LOB 210-211
Jan. 23, 2025: Introduced (in recess of) 01/09/2025 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 26