Bill Text: NH HB322 | 2024 | Regular Session | Amended
Bill Title: Relative to establishing a committee to study the New Hampshire board of medicine and making an appropriation to the department of health and human services.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2024-07-26 - Signed by Governor Sununu 07/19/2024; Chapter 211; eff. I. Sec 6 & & eff 7/1/24 II. Rem eff 7/19/24 [HB322 Detail]
Download: New_Hampshire-2024-HB322-Amended.html
HB 322 - AS AMENDED BY THE SENATE
3Jan2024... 2365h
04/11/2024 1428s
05/15/2024 1716s
2023 SESSION
23-0422
09/04
HOUSE BILL 322
SPONSORS: Rep. M. Pearson, Rock. 34; Rep. J. Murphy, Graf. 12; Rep. MacKay, Merr. 18; Rep. McMahon, Rock. 17; Rep. Mooney, Hills. 12; Rep. T. Dolan, Rock. 16
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill establishes a committee to study the New Hampshire board of medicine. This bill further makes an appropriation to the department of health and human services relative to certain licensed nursing facilities, and creates certain conditions on facilities receiving the appropriated money.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3Jan2024... 2365h
04/11/2024 1428s
05/15/2024 1716s 23-0422
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study the New Hampshire board of medicine.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Four members of the house of representatives, appointed by the speaker of the house of representatives, 2 of whom shall be from the health, human services, and elderly affairs committee and 2 from the executive departments and administration committee. Each set of 2 from each committee shall have one member from the majority party and one from the minority party.
(b) Two members of the senate, appointed by the president of the senate, one from the majority party and one from the minority party.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
I. The committee shall:
(a) Provide a forum within which stakeholders in the proceedings of the board of medicine have an opportunity to hear and review public comments on the operations of the board.
(b) To permit and facilitate organizations which are linked to the board of medicine such as hospitals, the medical association, the association of nurses, the association of nurse practitioners and others to hold regular meetings to share their views on the operation of the board of medicine.
(c) Offer reports to the oversight committee established in RSA 126-A:13 regarding suggested needs for legislation to guide the operations of the board of medicine.
(d) The committee's scope of inquiry as to the board of medicine and its operations shall include:
(1) Adequacy of staffing and funding to maintain the highest possible transparency for the public
(2) Appropriateness of procedures to ensure timely consideration of complaints and reporting to complainants of the disposition of those complaints.
(3) Construction and maintenance of means to make the decisions of the board of medicine accessible to public view in a timely manner.
(4) The maintenance of robust systems to investigate reports of lapses in physician practice as well as complaints of such lodged by professionals, organizations, or public citizens.
(e) To ensure a breadth of expertise the following shall be requested to be in regular attendance but shall not be voting members of the committee:
(1) The commissioner of the department of health and human services or a designee.
(2) A physician appointed by the New Hampshire Medical Society.
(3) The president of the board of medicine or a designee.
(4) A member of the New Hampshire Nurses' Association
(5) A member of the New Hampshire Nurse Practitioner Association.
(6) The president of the New Hampshire Hospital Association or designee.
(7) A lawyer experienced with malpractice rules and procedures appointed by the attorney general.
(8) The executive director of the office of professional licensure and certification or a designee.
(9) The president of the New Hampshire Osteopathic Association, or a designee.
(10) A medical ethicist to be named by the elected chair of the committee.
(11) A trial lawyer for the plaintiffs in malpractice cases to be named by the elected chair of the committee.
(12) A trial lawyer for the defense in malpractice cases to be named by the elected chair of the committee.
II. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2024.
6 Department of Health and Human Services; Certain Licensed Nursing Facilities; Appropriation. Any licensed nursing facilities serving individuals covered by Medicaid with a change in ownership effective in state fiscal year 2023, whose daily Medicaid rate has remained below the state average nursing facility daily rate as calculated by the department of health and human services for the period from July 1, 2022, through the January 1, 2024, rate change shall be eligible for a one-time general fund payment from a pro rata share of a funding pool. Therefore, for the biennium ending June 30, 2025, the sum of $750,000 is hereby appropriated to the department of health and human services for the purposes of this section. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
7 Department of Health and Human Services; Certain Licensed Nursing Facilities; Conditions for Appropriation.
I. Nursing facilities eligible for any amount of the appropriation in section 6 of this act shall ensure that:
(a) At least one individual who possessed an operating and ownership interest in the nursing facility upon acquisition in state fiscal year 2023 maintains an operating and ownership interest at a level no less than the operating and ownership level such individual had in the nursing facility upon the acquisition for a period of at least 5 years from the effective date of this section;
(b) The facility complies with applicable state and federal licensing rules and regulations; and
(c) The facility continues to accept Medicaid as a payment source.
II. In the event a nursing facility eligible for any amount of the appropriation in section 6 of this act violates the conditions of this section, the department of health and human services shall have a right to recover 1/5 of the payment made to the facility for each year any of the conditions of this section were not satisfied.
I. Sections 6 and 7 of this act shall take effect July 1, 2024.
II. The remainder of this act shall take effect upon its passage.
23-0422
Amended 4/22/24
HB 322- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-1428s)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $750,000 | $0 | $0 | |||
Funding Source(s) | General Fund | |||||
Appropriations | $750,000 | $0 | $0 | |||
Funding Source(s) | General Fund | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] Yes • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill establishes a committee to study the New Hampshire Board of Medicine. In addition, the bill appropriates $750,000 to the Department of Health and Human Services for the purpose of making a one-time payment to any licensed nursing facility serving individuals covered by Medicaid with a change in ownership during FY23, whose daily Medicaid rate has remained below the state average for the period from July 1, 2022 through January 1, 2024. The appropriation is for the FY24/25 biennium.
AGENCIES CONTACTED:
Department of Health and Human Services
