JANUARY UPDATES 2012

Anti Nonprofit Organization Legislation Advances from the State Senate

This week the Senate passed an unfunded mandate on to many nonprofit organizations in NH, including the Area Agencies.  SB 177 relative to training of directors and officers of nonprofit corporations. This bill requires that every publicly supported nonprofit organization require the chairperson or presiding officer of its board of directors, or his or her designee, to receive biennial “management training.” The bill applies to any nonprofit organization that within the prior year received at least $250,000 in funds in the aggregate from all units of government, federal, state, and local.  The bill passed the Senate and advanced to the House on a voice vote. A procedural move to stall the legislation failed on a vote of 15-9. Amazingly, the bill was opposed by Senate President Peter Bragdon and Senate Minority Leader Sylvia Larsen and yet still received a majority of the upper legislative chambers support. Senators Larsen and Kelly did their best to speak about the burden this legislation will place on hundreds of organizations including many who have recently sustained public funding cuts. The bill is being supported by DHHS, however, the main cheerleader for this piece of legislation is the Office of Charitable Trust, a unit of the Department of Justice. Apparently, the unit received some “sloppy paperwork” from a few nonprofit organizations following the disbursement of federal ARRA funding in 2009. Rather than sending the paper work back or offering targeting training to those groups that need it, the unit teamed up with DHHS to impose a new mandate that casts a wide net and will result in more unnecessary bureaucracy. SB 177 also empowers the director of the division of charitable trusts to impose a penalty on nonprofit organizations that do not comply with this law. The unit is also given the authority to write new administrative rules to enforce this law and the power to decide what the “penalties” will be. This bill is clearly unnecessary and will be strongly opposed by CSNI and many other groups in the House.

Senate Finance Committee hears LBA Presentation on Department of Health and Human Services Budget

On Thursday the Senate Finance Committee heard a presentation from legislative budget staff on “Areas of Concern” within the DHHS budget. The areas of the budget that were discussed by the Committee included the following:

·         Hospitals requests for Medicaid Enhancement Tax (MET) refunds

·         MET Revenue Shortfall

·         Outpatient Hospital Rate Restoration/MET

·         DSH Disallowance

·         SB 198 TANF/APTD “Fix”

·         Supreme Court Case: Chase Home vs. DCYF  

You can view the full report (Attached)

Community Support Network, Inc.

UPDATED: 2012 Priority Legislation (In Numerical Order)

·         Red: High Priority

·         Yellow: Closely Monitor

·         Green: Low Priority

Full Text of Bill Language: http://www.gencourt.state.nh.us/

Yellow: HB 219 restricting the rulemaking authority of the state board of education and establishing a legislative oversight committee to review the rulemaking authority of the state board of education.  This bill restricts certain rulemaking authority of the state board of education and establishes a legislative oversight committee to review the rulemaking authority of the state board of education. Status: Ought to Pass with Amendment #2755h(NT): MA RC 214-110

Red: HB 309 -FN relative to certain insurance mandates and establishing a committee to study current insurance mandates. This bill requires utilization review for coverage for children’s early intervention therapy services, diagnosis and treatment of pervasive developmental disorder or autism, and hearing aids. Sponsors: (Prime) John Hunt Status: Ought to Pass with Amendment #2815h(NT) and #0090h: MA RC 229-133

Red: HB 652 -FN establishing a commission relative to Medicaid managed care. Sponsors: Neal Kurk Status: Ought to Pass: MA RC 259-111

Red: HB 653 requiring general fund budget reductions to reimburse Medicaid. This bill requires each state department which receives general funds to reduce its general fund appropriations by a pro rata share determined by the commissioner of administrative services. This reduction is to fund a reimbursement in the amount of $35,000,000 to the federal Medicaid program. Sponsors: Neal Kurk Status: Suspend House Rules to Allow Reporting Deadline to be Moved to February 23, 2012

Green: HB 1129 establishing a committee to study the frequency and financial consequences of erroneously dialed 911 calls.  Sponsors: (Prime)John Tholl, David Welch Status: Public Hearing: 1/24/2012 10:15 AM LOB 304

Yellow: HB 1179 imposing an extended term of imprisonment for assault against a health care worker. This bill imposes an extended term of imprisonment for assault against a health care worker. Sponsors: (Prime)Andrew White , Jennifer Coffey, Stephen Shurtleff, Laurie Harding  Status: Public Hearing: 1/24/2012 10:30 AM LOB 204 ==Executive Session May Follow==

Green: HB 1197 requiring the commissioner of the department of health and human services to apply for a state plan waiver. This bill requires the commissioner of the department of health and human services to apply for a state plan waiver for certain entities which are not eligible to receive Medicaid Quality Incentive Program payments from the nursing facility trust fund. Sponsors: (Prime)Patrick Abrami , Joanne Ward, Bill Ohm, Wyman Shuler, Michele Peckham, Keith Murphy, Russell Prescott Status: Referred to Health, Human Services and Elderly Affairs Public Hearing: 1/10/2012 10:00 AM LOB 205

Yellow: HB 1216 relative to the authority for withholding or withdrawal of life-sustaining treatment. This bill clarifies the protocol of the facility regarding authority for withholding or withdrawal of life sustaining treatment from a mentally incompetent or developmentally disabled person. Sponsors: (Prime) Daniel Itse, Paul Ingbretson Status: Public Hearing: 1/24/2012 2:30 PM LOB 208

Yellow: HB 1250 allowing designated persons to provide emergency medical treatment to another  person. This bill allows designated persons to provide emergency medical treatment to another person. Sponsors: (Prime)Jerry Bergevin , Kenneth Gidge, Marshall Quandt, Phil Greazzo  Status: Committee Report: Inexpedient to Legislate for Feb 1 (Vote 15-0; CC)

Green: HB 1270 requiring an employer to disclose non-compete and non-piracy agreements to a potential employee prior to making an offer of employment. This bill requires an employer to disclose non-compete and non-piracy agreements to a potential employee prior to making an offer of employment. Sponsors: (Prime)Keith Murphy , William Infantine, Patrick Abrami, Raymond White  Status: Public Hearing: 1/26/2012 9:00 AM LOB 307

Green: HB 1276 establishing a committee to study general court policies and procedures related to persons with disabilities. Sponsors: (Prime) Dick Patten Status: Referred to Legislative Administration

Green: HB 1297 this bill prohibits the state of New Hampshire from planning, creating, or participating in a state health care exchange or a federal health care exchange. Sponsors: (Prime)Andrew Manuse , George Lambert, Gregory Sorg, Daniel Itse, Lenette Peterson, Paul Ingbretson, Tom De Blois, Warren Groen, Jennifer Coffey, James Forsythe, William O'Brien Status: Public Hearing: 1/19/2012 11:00 AM LOB 302 =Insurance Division=

Red: HB 1308 relative to the definition of "public body" under the right-to-know law. This bill adds quasi-governmental bodies to the definition of “public body” under the right-to-know law. Sponsors: (Prime) Timothy Comerford , Rick Watrous, Laura Jones, Seth Cohn, Daniel Itse Status: Public Hearing: 1/12/2012 2:00 PM LOB 208 (Judiciary)

Green: HB 1360 relative to the rulemaking authority of the state board of education. This bill exempts the state board of education from the rulemaking procedures in RSA 541-A and requires the state board of education to submit proposed rules to the house and senate education committees for approval. Status: Public Hearing: 1/17/2012 10:00 AM LOB 207

Green: HB 1362 establishing a service animal registration commission. The commission shall study the registration of service animals. Status: Public Hearing: 2/9/2012 10:00 AM LOB 306

Green: HB 1509 relative to guardianship of elderly persons. This bill provides that if the commissioner of the department of health and human services seeks guardianship of an elderly person, liquidating the person’s assets shall not occur during the first 6 months of guardianship. Sponsors: (Prime) Paul Simard Status: Referred to Judiciary

Yellow: HB 1554 relative to fire code requirements for licensed foster homes. This bill provides that a foster family home located in a multi-unit dwelling that complies with fire code requirements for multi-unit dwellings shall not be required to install additional fire warning devices. Sponsors: (Prime) Kathleen Cusson-Cail , Gary Lambert Status: Referred to Children and Family Law

Green: HB 1564 establishing a committee to study and recommend solutions for simplifying the calculation of the cost of public education through the combination of adequate education, school building aid, and catastrophic aid funding. Sponsors: (Prime)Robert Foose  Status: Referred to Special Committee on Education Funding Reform

Yellow: HB 1618 relative to fire safety standards for community living facilities. This bill repeals the law regarding standards for fire safety in community living facilities housing 3 or fewer clients. Sponsors: (Prime) Kathleen Cusson-Cail Status: Public Hearing: 1/31/2012 2:00 PM LOB 205

Green: HB 1624 relative to the fiduciary capacity of persons collecting contributions for a nonprofit organization. This bill declares that a person may collect contributions for a nonprofit organization without assuming a fiduciary capacity. Sponsors: (Prime)Kathleen Cusson-Cail , J. Gail Barry, Seth Cohn  Status: Public Hearing: 1/25/2012 10:00 AM LOB 208

Green: HB 1639 relative to employment of certain disability retirees by retirement system employers, This bill prohibits a disability retiree on total disability pursuant to the provisions of RSA 100-A from being employed in a similar job classification. Sponsors: (Prime)Daniel Tamburello , Andrew Manuse, Seth Cohn, Alfred Baldasaro, Mark Warden Status: Referred to Labor, Industrial and Rehabilitative Services

Yellow: HB 1644 relative to the regulation of home health care providers by the department of health and human services. This bill clarifies the licensure requirements for home health care providers. Sponsors: (Prime)Andrew Manuse , Maurice Pilotte, Carol McGuire, Fenton Groen  Status: Public Hearing: 2/7/2012 11:30 AM LOB 205 (Referred to Health, Human Services and Elderly Affairs)

Yellow: HB 1686 -FN relative to state contracts. This bill requires all contracts entered into by the state as a result of requests for proposals to be posted on the state transparency website. Sponsors: (Prime) Dan McGuire  Status: Public Hearing: 2/7/2012 1:15 PM LOB 306

Green: HB 1657 relative to petitions for guardianship filed by parents of adult children with disabilities. This bill requires the court to waive the filing fee for a guardianship petition filed by the parent of an adult child with disabilities. Sponsors: (Prime) Charlene Lovett Status: Public Hearing: 1/25/2012 11:00 AM LOB 208

Red: SB 177 relative to training of directors and officers of nonprofit corporations Sponsors (Prime) Bob Odell Status: Passed by Third Reading Resolution

Yellow: SB 198 -FN relative to the calculation of aid to the permanently and totally disabled and temporary assistance to needy families. This bill removes a limitation on the amount of earned income that is disregarded for purposes of calculating aid to the permanently and totally disabled. The bill also includes persons receiving federal assistance in the TANF household for purposes of calculating income eligibility. This bill also clarifies that no marital master contracts shall be entered into or renewed, extended, reinstated, transferred, or modified by the state on or after the effective date of this bill. Status: Ought to Pass with Amendment #2605h (NT): MA RC 237-126

Yellow: SB 216 modifying the deadline for emergency involuntary admission hearings and relative to notification of revocation of conditional discharge by the department of health and human services. This bill modifies the deadline for emergency involuntary admission hearings. This bill also clarifies the notice of revocation of conditional discharge by the department of health and human services. This bill is a request of the department of health and human services. Sponsors: (Prime)Gary Lambert , John Barnes, Jr., Sharon Carson, Lou D'Allesandro, Tom De Blois, Jim Luther, Bob Odell, Jim Rausch, Andy Sanborn, Stephen Shurtleff, John Cebrowski, Alida Millham Status: Hearing: 1/5/12, Room 101, LOB, 1:45 p.m

Green: SB 223 to make technical revisions relative to the health information organization corporation. Sponsors: (Prime)Raymond White, John Reagan, Lynne Ober Status: Passed by Third Reading Resolution

Yellow: SB 270 relative to civil commitment of persons found incompetent to stand trial. Sponsors: (Prime) Jeb Bradley, Elaine Swinford, Gene Charron, Moe Villeneuve, Dennis Fields, John Barnes, Jr., Gary Lambert, David Boutin, Jim Luther Status: Hearing: 1/5/12, Room 101, LOB, 2:00 p.m.

Yellow: SB 274 removing the phrase "mentally defective" from the aggravated felonious sexual assault statute. Sponsors: (Prime)Nancy Stiles , Gene Charron, Jacqueline Cali-Pitts, Mary Griffin, Chris Nevins, Laura Pantelakos, Sharon Carson, Gary Lambert, David Boutin, John Barnes, Jr., Jim Luther  Status: Passed by Third Reading Resolution

Green: SB 288 relative to the exchange of public health information through a health information exchange. This bill allows health care providers who are required to submit data to the department of health and human services to submit such data through a health information exchange under certain circumstances. Sponsors: (Prime) Raymond White, Lynne Ober, John Reagan Status: Referred to Health and Human Services

Green: SB 300 relative to special education services in chartered public schools. This bill requires a chartered public school to make available a free and appropriate public education to all children with disabilities by making available to the child all special education programs and services that are available to the child in the child’s school district of residence. Sponsors: (Prime) Sharon Carson, John Hunt Status: Hearing: 2/7/12, Room 103, LOB, 1:00 p.m

Green: SB 321 relative to Medicaid payments to long-term care facilities. This bill requires the commissioner of the department of health and human services to adopt rules relative to continuation of payments to long-term care facilities. Sponsors: (Prime) Jeanie Forrester , Jeb Bradley, Tom De Blois, Andy Sanborn, Gary Lambert, John Reagan, James Pilliod, Alida Millham, Robert Greemore, John Cebrowski Status: Hearing: 1/12/12, Room 102, LOB, 1:00 p.m.

Green: SB 319 extending the commission to study the effects of service-connected post-traumatic stress disorder and traumatic brain injury suffered in the line of duty by members of the armed forces and veterans. Sponsors: (Prime) Sharon Carson , John Barnes, Jr., Gary Lambert, Alfred Baldasaro, Daniel Tamburello, Robert Theberge, Kris Roberts  Status: Referred to Health and Human Status: Hearing: 1/26/12, Room 102, LOB, 1:30 p.m

Yellow: SB 347 relative to the department of health and human services administrative appeals. This bill clarifies the administrative appeals process for individuals applying for or receiving services from the department of health and human services. This bill is a request of the department of health and human services. Sponsors: (Prime) Raymond White, Sharon Carson, Russell Day, John Cebrowski Status: Hearing: 1/19/12, Room 102, LOB, 1:00 p.m.

Green: SB 359 relative to civil actions involving accessibility standards for public buildings. This bill grants the court discretion to award reasonable attorney’s fees and costs to the prevailing party in an action to enforce accessibility standards for public buildings. Sponsors: (Prime) John Gallus, Gary Lambert, Evalyn Merrick, Edmond Gionet  Status: Hearing: 1/19/12, Room 101, LOB, 1:45 p.m.

Yellow: SB 375 –FN relative to a prepaid health plan for Medicaid services. This bill repeals the requirement that the department of health and human services apply for a waiver to deliver and pay for Medicaid services to Medicaid-eligible persons with severe mental disabilities through a prepaid health plan. Sponsors: (Prime) Chuck Morse, Kenneth Weyler Status: Referred to Finance

Full Text of Bill Language: http://www.gencourt.state.nh.us/

 

 

DECEMBER 2011

Legislative, DHHS & Hospital Updates

 3 Attachments:

·        NH DSH Agreement

·         MET Revenue by LBA

·         DRF Update- BDS

 

DRF Update

In the 1994, a law was passed, RSA 171-B, which mandated involuntary commitment of people with developmental disabilities suspected of having committed a Class A felony. The designated receiving facility (DRF) is for individuals who present a danger to the community is situated on the grounds of the old Laconia State School & Training Center.

Matthew Ertas and Nancy Rollins recently presented the attached update to local officials around the relocation of the designated receiving facility in Laconia. As part of the state budget adopted in July, the DRF will be moving off the Laconia state property as the land is being sold.

Potential Key New LSR’s for 2012:

2012-S-2844-R title: relative to external review under the managed care law.

Sponsors: (Prime)Raymond White , Matthew Houde, John Hunt, Donna Schlachman, Donald Flanders, James Headd 

 2012-H-2553-R title: relative to the fiduciary capacity of persons collecting contributions for a nonprofit organization.

Sponsors: (Prime)Kathleen Cusson-Cail , J. Gail Barry, Seth Cohn

2012-S-2956-R title: removing the phrase "mentally defective" from the aggravated felonious sexual assault statute.

Sponsors: (Prime)Nancy Stiles, Gene Charron, Jacqueline Cali-Pitts, Mary Griffin, Chris Nevins, Laura Pantelakos, Sharon Carson, Gary Lambert, David Boutin, John Barnes, Jr., Jim Luther

2012-H-2025-R title: requiring the commissioner of the department of health and human services to apply for a state plan waiver.

Sponsors: (Prime)Patrick Abrami , Joanne Ward, Bill Ohm, Wyman Shuler, Michele Peckham, Keith Murphy, Russell Prescott

2012-S-2887-R title: relative to the department of health and human services administrative appeals.

Sponsors: (Prime)Raymond White , Sharon Carson, Russell Day, John Cebrowski

2012-H-3042-R title: relative to the regulation of home health care providers by the department of health and human services.

Sponsors: (Prime)Andrew Manuse , Maurice Pilotte, Carol McGuire, Fenton Groen 

2012-S-2825-R title: modifying the deadline for emergency involuntary admission hearings and relative to notification of revocation of conditional discharge by the department of health and human services.

Sponsors: (Prime)Gary Lambert , Tom De Blois, Jim Luther, Jim Rausch, Alida Millham, Andy Sanborn, Sharon Carson, John Barnes, Jr., Bob Odell, Stephen Shurtleff, John Cebrowski

12-H-2707-R title: relative to petitions for guardianship filed by parents of adult children with disabilities.

Sponsors: (Prime)Charlene Lovett 

DSH $36 Million Loss of Federal Revenue from 2004 Audit

See the (attached) recently signed agreement between the State of NH and CMS around the issue of the federal government withholding $36 million in revenue based on an audit of the state’s Disproportionate Share Hospital program dating back from 2004. 

The state entered into an agreement with the federal government in which the loss of revenue will be spread over two years, starting in January 2012.  This means that the state will see a $27 million loss in the current budget and a $9 million revenue loss in the next biennial budget.

 Medicaid Enhancement Tax Dispute

As a reminder, to balance the state budget, the legislature took away $120 million dollars from NH Hospitals that had been earmarked for low-income Medicaid patients. The consequences of that decisions are starting to become clear.

The Senate Heard from Commissioner Toumpas on Thursday to discuss an issue relative to revenue shortfall and the Medicaid Enhancement tax (MET). The concern is that some NH hospitals used federal tax guidelines to determine their tax liability and as a result the state received $50 million less than projected in the state budget for November.

DHHS is working with the CMS to clarify that the state's tax has not changed. Senator Chuck Morse warned that the Legislature may have to reopen the budget and cut spending if the state does not receive the money. He noted that if the hospitals pay the same amount next year, the state is looking at close to a $100 million revenue shortfall from the hospital tax counted on for spending in the two-year budget. Morse said he would not have agreed to spend as much on programs for the mental health and developmental services if he had known the hospital tax revenues could fall short. Morse pushed Toumpas for assurances the state would eventually get the money.

State Medicaid Director Katie Dunn said part of the problem was that the hospitals and federal government discussed how to calculate the tax liability last spring without including the state in the discussions. She said the state has had months of back-and-forth discussions with the CMS to resolve the issue.

See attached for a memo from the LBA on this issue which details the legislative history of the MET.