HB751 (2025) Detail

(New Title) requiring licensure of outpatient substance use disorder treatment facilities and relative to complaint investigation of treatment facilities by the department of health and human services office of the ombudsman and making an appropriation therefor.


HB 751-FN - AS AMENDED BY THE HOUSE

 

6Mar2025... 0220h

2025 SESSION

25-0268

05/11

 

HOUSE BILL 751-FN

 

AN ACT requiring licensure of outpatient substance use disorder treatment facilities and relative to complaint investigation of treatment facilities by the department of health and human services office of the ombudsman and making an appropriation therefor.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

AN ACT requiring licensure of outpatient substance use disorder treatment facilities and relative to complaint investigation of treatment facilities by the department of health and human services office of the ombudsman and making an appropriation therefor.

 

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.

4  Effective Date.

I.  Section 3 shall take effect July 1, 2025.

II.  The remainder of this act shall take effect 60 days after its passage.

 

LBA

25-0268

Amended 8/20/25

 

HB 751-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2025-0220h)

 

AN ACT requiring licensure of outpatient substance use disorder treatment facilities and relative to complaint investigation of treatment facilities by the department of health and human services office of the ombudsman and making an appropriation therefor.

 

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

 

 

Estimated State Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Revenue

$0

$0

$0

$0

Revenue Fund(s)

Substance use center certification fees

Expenditures*

$0

$211,000

Indeterminable Increase

Funding Source(s)

General Fund

Appropriations*

$0

$211,000

$0

Funding Source(s)

None

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

The Department of Health and Human Services was contacted on March 6, 2025 for a fiscal note worksheet in response to the amended version of this bill. As of August 19, 2025, the Department has not provided a response.

 

METHODOLOGY:

This bill requires licensure of outpatient substance use disorder facilities and, subject to available funding, requires the Department of Health and Human Services to designate within its office of the ombudsman a position dedicated to investigating complaints relative to treatment provided at substance use and mental health treatment facilities.  The bill appropriates $211,000 over the FY26/27 biennium for the purpose of establishing one compliance officer I position.

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

Amendments

Date Amendment
Feb. 19, 2025 2025-0220h

Links


Date Body Type
Feb. 5, 2025 House Hearing
Feb. 5, 2025 House Exec Session
Feb. 12, 2025 House Floor Vote
April 1, 2025 House Exec Session

Bill Text Revisions

HB751 Revision: 47278 Date: Aug. 20, 2025, 2:02 p.m.
HB751 Revision: 47068 Date: Feb. 19, 2025, 2:43 p.m.
HB751 Revision: 46718 Date: Jan. 22, 2025, 3:22 p.m.

Docket


April 2, 2025: Retained in Committee


March 26, 2025: Executive Session: 04/01/2025 10:00 am LOB 210-211


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 P. 66


March 6, 2025: Ought to Pass with Amendment 2025-0220h: MA RC 216-152 03/06/2025 HJ 7 P. 64


March 6, 2025: Amendment # 2025-0220h (NT): AA VV 03/06/2025 HJ 7 P. 63


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