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1 Child Protection Act; Reporting Law; Nature of Report; Liability. Amend RSA 169-C:30 and RSA 169-C:31 to read as follows:
169-C:30 Nature and Content of Report. An oral report shall be made immediately by telephone or otherwise, and followed within 48 hours by a report in writing, if so requested, to the department. Such report shall, if known, contain the name and address of the child suspected of being neglected or abused and the person responsible for the child's welfare, the specific information indicating neglect or the nature and extent of the child's injuries (including any evidence of previous injuries), the identity of the person or persons suspected of being responsible for such neglect or abuse, and any other information that might be helpful in establishing neglect or abuse or that may be required by the department.
169-C:31 Immunity From Liability.
Anyone participating in good faith in the making of a report pursuant to this chapter or who provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.
2 New Sections; Child Abuse; Intentional False Report; Civil Liability. Amend RSA 169-C by inserting after section 31 the following new sections:
169-C:31-a Intentional False Report of Abuse or Neglect. A person is guilty of a misdemeanor if he or she knowingly provides false information or causes another to provide false information of suspected child abuse or neglect as defined by RSA 169-C:3 to the department or to any professional mandatory reporter of suspected child abuse identified in RSA 169-C:29.
169-C:31-b Civil Liability. Any person harmed by the intentional submission of a false report of abuse or neglect under RSA 169-C:31-a may bring a civil action against the responsible party for monetary damages and other appropriate relief.
3 School Building Aid; Approval of Plans; Specifications, and Costs of Construction or Purchase. Amend RSA 198:15-c, III to read as follows:
III. A school district or chartered public school that accepts school building aid for construction shall engage the services of an owner's project manager for construction or reconstruction/renovation projects of $1,250,000 or more, unless the commissioner waives such requirement as unnecessary. The owner's project manager shall have his or her own comprehensive liability and auto insurance, workers' compensation coverage, and professional liability coverage. The state board of education shall adopt rules pursuant to RSA 541-A relative to the required services, responsibilities, and qualifications for the owner's project manager to ensure the project owner's best interests are carried out.
4 New Paragraphs; Application for Assistance. Amend RSA 167:8 by inserting after paragraph II the following new paragraphs:
III. Notwithstanding any other provision of this chapter, within 90 calendar days of the receipt of a long-term care medical assistance application by the department of health and human services, the department shall grant provisional eligibility on his or her application for Medicaid nursing facility services if the facility agrees through contract to comply with the terms of the contract and the provisions of this chapter. Such provisional eligibility shall be made without regard to whether the application is deemed complete.
IV. The department shall maintain the applicant's provisional eligibility and make payments for care at the same nursing facility rate as a fully eligible individual, until a determination is made on the individual's application for nursing facility services. Provisional eligibility shall terminate 18 months from the application date unless otherwise terminated as a result of a final determination approving or denying the application or as otherwise provided for in this section. In the event that final approval of the application is not entered within 12 months of the application, the provider of care may, within 45 days, commence an action pursuant to RSA 151-I:2 for the appointment of a special Medicaid representative. If an action is not commenced timely, or if the facility otherwise requests at any time, then provisional eligibility shall terminate.
V. The department shall distribute state funds as payments to providers for services rendered to individuals provisionally eligible under this section upon execution of contract approved by governor and council. Once a final determination has been made on an application, any provider who received payments under this section for services rendered for a provisionally eligible individual shall reimburse the department the total amount received for services rendered for that provisionally eligible individual. Any facility who fails to reimburse the department for services rendered shall be subject to sanctions in accordance with the terms of the contract.
VI. Notwithstanding any other provision of law, if expenditures for the purposes of this section are greater than the amounts appropriated, the commissioner of the department of health and human services may request, with prior approval of the joint legislative fiscal committee of the general court, that the governor and council authorize additional funding to address the provisional eligibility shortfall. Upon fiscal committee and governor and council approval, the governor is authorized to draw a warrant from any money in the treasury not otherwise appropriated.
5 Appropriation; Provisional Eligibility. The sum of $1 is hereby appropriated for the biennium ending June 30, 2027, to the department of health and human services for the purposes of funding provisional eligibility expenses RSA 167:8. The governor is authorized to draw a warrant for said sum out of money in the treasury not otherwise appropriated.
6 County Reimbursement of Funds; Limitations on Payments. Amend RSA 167:18-a, I(b) to read as follows:
(b) Counties shall not be liable for Medicaid recipients in state institutions, the Crotched Mountain Rehabilitation Center, and intermediate care facilities (ICF) approved by the department of health and human services and servicing developmentally impaired persons.
7 Effective Date. This act shall take effect 60 days after its passage.
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1 Child Protection Act; Reporting Law; Nature of Report; Liability. Amend RSA 169-C:30 and RSA 169-C:31 to read as follows:
169-C:30 Nature and Content of Report. An oral report shall be made immediately by telephone or otherwise, and followed within 48 hours by a report in writing, if so requested, to the department. Such report shall, if known, contain the name and address of the child suspected of being neglected or abused and the person responsible for the child's welfare, the specific information indicating neglect or the nature and extent of the child's injuries (including any evidence of previous injuries), the identity of the person or persons suspected of being responsible for such neglect or abuse, and any other information that might be helpful in establishing neglect or abuse or that may be required by the department. Reports made to the department may include the name, address, or phone number of the person or persons making the report of suspected abuse or neglect of a child under this chapter.
169-C:31 Immunity From Liability.
I. Anyone participating in good faith in the making of a report pursuant to this chapter or who provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.
II. Nothing in this section shall provide civil or criminal immunity for a professional mandatory reporter who knowingly fails to make a report of suspected abuse or neglect under RSA 169-C:29 or for a person who knowingly files a false report of abuse or neglect.
2 New Sections; Child Abuse; Intentional False Report; Civil Liability. Amend RSA 169-C by inserting after section 31 the following new sections:
169-C:31-a Intentional False Report of Abuse or Neglect. A person is guilty of a misdemeanor if he or she knowingly provides false information or causes another to provide false information of suspected child abuse or neglect as defined by RSA 169-C:3 to the department or to any professional mandatory reporter of suspected child abuse identified in RSA 169-C:29.
169-C:31-b Civil Liability. Any person harmed by the intentional submission of a false report of abuse or neglect under RSA 169-C:31-a may bring a civil action against the responsible party for monetary damages and other appropriate relief.
3 School Building Aid; Approval of Plans; Specifications, and Costs of Construction or Purchase. Amend RSA 198:15-c, III to read as follows:
III. A school district or chartered public school that applies for school building aid for construction shall have engaged the services of an owner's project manager for construction or reconstruction/renovation projects of $1,500,000 or more, unless the commissioner waives such requirement as unnecessary. The owner's project manager shall have his or her own comprehensive liability and auto insurance, workers' compensation coverage, and professional liability coverage. The state board of education shall adopt rules pursuant to RSA 541-A relative to the required services, responsibilities, and qualifications for the owner's project manager to ensure the project owner's best interests are carried out.
4 New Paragraphs; Application for Assistance. Amend RSA 167:8 by inserting after paragraph II the following new paragraphs:
III. Notwithstanding any other provision of this chapter, within 90 calendar days of the receipt of a long-term care medical assistance application by the department of health and human services, the department shall grant provisional eligibility on his or her application for Medicaid nursing facility services if the facility agrees through contract to comply with the terms of the contract and the provisions of this chapter. Such provisional eligibility shall be made without regard to whether the application is deemed complete.
IV. The department shall maintain the applicant's provisional eligibility and make payments for care at the same nursing facility rate as a fully eligible individual, until a determination is made on the individual's application for nursing facility services. Provisional eligibility shall terminate 18 months from the application date unless otherwise terminated as a result of a final determination approving or denying the application or as otherwise provided for in this section. In the event that final approval of the application is not entered within 12 months of the application, the provider of care may, within 45 days, commence an action pursuant to RSA 151-I:2 for the appointment of a special Medicaid representative. If an action is not commenced timely, or if the facility otherwise requests at any time, then provisional eligibility shall terminate.
V. The department shall distribute state funds as payments to providers for services rendered to individuals provisionally eligible under this section upon execution of contract approved by governor and council. Once a final determination has been made on an application, any provider who received payments under this section for services rendered for a provisionally eligible individual shall reimburse the department the total amount received for services rendered for that provisionally eligible individual. Any facility who fails to reimburse the department for services rendered shall be subject to sanctions in accordance with the terms of the contract.
VI. Notwithstanding any other provision of law, if expenditures for the purposes of this section are greater than the amounts appropriated, the commissioner of the department of health and human services may request, with prior approval of the joint legislative fiscal committee of the general court, that the governor and council authorize additional funding to address the provisional eligibility shortfall. Upon fiscal committee and governor and council approval, the governor is authorized to draw a warrant from any money in the treasury not otherwise appropriated.
5 Appropriation; Provisional Eligibility. The sum of $1 is hereby appropriated for the biennium ending June 30, 2027, to the department of health and human services for the purposes of funding provisional eligibility expenses RSA 167:8. The governor is authorized to draw a warrant for said sum out of money in the treasury not otherwise appropriated.
6 County Reimbursement of Funds; Limitations on Payments. Amend RSA 167:18-a, I(b) to read as follows:
(b) Counties shall not be liable for provisional eligibility appropriations and/or payments as identified inRSA 167:8, and for Medicaid recipients in state institutions and intermediate care facilities (ICF) approved by the department of health and human services and servicing developmentally impaired persons.
7 Effective Date. This act shall take effect 60 days after its passage.