Bill Text: NH HB642 | 2023 | Regular Session | Amended

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Bill Title: Relative to budget flexibility for services for the developmentally disabled.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-08-09 - Signed by Governor Sununu 08/04/2023; Chapter 199; eff: I. Sec 2 eff as prov in sec 3 II. Rem eff 8/4/23 House Journal 17 [HB642 Detail]

Download: New_Hampshire-2023-HB642-Amended.html

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HB 642-FN - AS AMENDED BY THE SENATE

 

22Mar2023... 0940h

05/11/2023   1533s

2023 SESSION

23-0607

04/08

 

HOUSE BILL 642-FN

 

AN ACT relative to budget flexibility for services for the developmentally disabled.

 

SPONSORS: Rep. Stringham, Graf. 3

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill grants the department of health and human services flexibility to use existing budget appropriations to cover service cost increases under certain circumstances for services for the developmentally disabled.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Mar2023... 0940h

05/11/2023   1533s 23-0607

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to budget flexibility for services for the developmentally disabled.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Services for the Developmentally Disabled; Budget Flexibility.  Amend RSA 171-A by inserting after section 1-d the following new section:

171-A:1-e  Budget Flexibility.

I.  For persons with approved budgets older than 24 months who require additional funds to carry out the services required in their individual service agreement, due to additional expenditures, such as cost-of-living or other wage and compensation increases, area agencies and authorized agencies may seek additional funds from the department for such funding needs.  The department shall allocate existing budget appropriations as set forth in RSA 171-A:8-b as required to meet such funding needs, provided the requested expenditures would promote efficiency, economy, and quality of care pursuant to section 1902(a)(30)(A) of the Social Security Act.  

II.  The department shall record and track all requests for funding under this section including, but not limited to, the amount of each request, the reason for the request, whether the request was approved and, if denied, the reason for denial.  Upon approval of a funding request, area agencies and authorized agencies shall record, and provide the department with, details of the expenditure of such funds, including, but not limited to, the amount of additional funds that are paid to direct support providers, and all details of how the funding is allocated to the person's services and service providers.

2  Prospective Repeal.  RSA 171-A:1-e, relative to budget flexibility for services for the developmentally disabled, is repealed.

3  Contingency; Effective Date of Repeal.  Section 2 of this act shall become effective on the date the commissioner of the department of health and human services, after consultation with the joint legislative oversight committee on health and human services established in RSA 126-A:13, certifies the full implementation of the developmental services rate redesign to the director of legislative services and the secretary of state, provided that section 2 shall take effect not later than July 1, 2025.

4  Effective Date.  

I.  Section 2 of this act shall take effect as provided in section 3 of this act.

II.  The remainder of this act shall take effect upon its passage.

 

LBA

23-0607

Amended 4/20/23

 

HB 642-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2023-0940h)

 

AN ACT relative to wait list registry and budget flexibility for services for the developmentally disabled.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

	Estimated Increase / (Decrease)
STATE:	FY 2023	FY 2024	FY 2025	FY 2026
Appropriation	$0	$0	$0	$0
Revenue	$0	$0	$0	$0
Expenditures	$0	Indeterminable	Indeterminable	Indeterminable
Funding Source:	[ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Federal funds

 

METHODOLOGY:

This bill allows area agencies, when completing the wait list registry for developmental services, to include budgets older than 24 months where funds may be needed to cover additional expenditures.  The Department of Health and Human Services assumes the intent of this change is not to allow for retroactive payments, but rather for the Department to review said budgets to determine whether the costs to provide services to individuals have increased.  The bill requires the Department to use existing budget appropriations to negotiate reasonable wages and service budgets with area agencies and service providers.  This provision itself does not create a fiscal impact, since it would only require the Department to work within the budgeted appropriations in place at any given time.  However, to the extent that the bill's language compels an increase in funds paid for certain services, the Department notes that it could theoretically result in the creation of a wait list for services, as well as increased departmental budget requests in future years.  

 

AGENCIES CONTACTED:

Department of Health and Human Services