Bill Text: NH SB347 | 2012 | Regular Session | Introduced
Bill Title: Relative to the department of health and human services administrative appeals.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-06-07 - Senate Signed by the Governor on 06/07/2012; Chapter 0156; Effective 06/07/2012 [SB347 Detail]
Download: New_Hampshire-2012-SB347-Introduced.html
SB 347-FN – AS INTRODUCED
2012 SESSION
01/09
SENATE BILL 347-FN
AN ACT relative to the department of health and human services administrative appeals.
SPONSORS: Sen. White, Dist 9; Sen. Carson, Dist 14; Rep. Day, Hills 7; Rep. Cebrowski, Hills 18
COMMITTEE: Health and Human Services
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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2887
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the department of health and human services administrative appeals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Health and Human Services; Administrative Appeals. Amend RSA 126-A:5, VIII to read as follows:
VIII. The commissioner shall establish an appeals process for any individual applying for or receiving services from the department or its contract service providers, any providers, programs, services, or facilities which are licensed or certified by the department, or with regard to actions related to employees of the department or any other matter within the jurisdiction of the department. Notwithstanding any other provision of law, the appeals process shall include:
(a) That the appellant may elect either an administrative hearing or an independent review to determine the facts of the matter on appeal, except that only an independent review by the commissioner, or a hearing examiner designated by the commissioner, shall be available for appeals in which the sole reason for the denial of or change in services, benefits, or a license is the result of the application of a change in federal or state law. In such a case, a final decision shall be issued by the commissioner, or a hearings examiner designated by the commissioner, after an independent review and without an administrative hearing in accordance with the rules established by the commissioner.
(b) [If the appellant elects an independent review the hearing officer shall conduct a review in accordance with rules established by the commissioner and shall submit a proposed decision to the commissioner. The commissioner shall then review the proposed decision and issue a final order on the appeal, subject to RSA 126-A:5, VIII(e)]. If the result of the new federal or state law is not the only issue on appeal and for appeals of all other matters the commissioner, or a hearings examiner designated by the commissioner, shall conduct an administrative hearing in accordance with the rules established by the commissioner.
(c) [If the appellant elects an administrative hearing, the hearing officer shall conduct a hearing in accordance with the rules established by the commissioner.
(d)] Unless the commissioner has delegated to the [hearing officer] hearings examiner authority to issue a decision on behalf of the department, following the hearing, the [hearing officer] hearings examiner shall submit to the commissioner a proposed decision which shall include:
(1) A statement of the issues presented in the appeal;
(2) A summary of the evidence received;
(3) Proposed findings of fact and rulings of law; and
(4) A proposed order.
[(e)] (d) If following a hearing [or review] the proposed decision is adverse to the individual applying for or receiving services, facility or employee who made the appeal, or if the commissioner proposes to make an adverse finding, ruling, or order which the [hearing officer] hearings examiner has not recommended, the commissioner shall provide the appealing party with a copy of the commissioner's proposed decision and offer an opportunity to submit a brief and make an oral argument regarding the contested findings of fact, rulings of law, or proposed order.
[(f)] (e) Following a review of a proposed decision after a hearing or review and of a brief and argument in a contested case, if any, the commissioner shall issue a final decision on the appeal.
2 Effective Date. This act shall take effect upon its passage.
LBAO
12-2887
11/29/11
SB 347-FN - FISCAL NOTE
AN ACT relative to the department of health and human services administrative appeals.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will have an indeterminable impact on state revenue and expenditures in FY 2012 and each year thereafter. This bill will have no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill provides that when the Department makes a decision to deny or change services or benefits to an individual or affects a license, due solely to a change in state or federal law, review of that decision will be based on an independent review of the paper record by a hearings examiner and not through an administrative hearing. The Department assumes this would potentially reduce the number of full administrative hearings conducted. The Department states that because it is not able to predict what changes in law may occur, how those changes might impact services, or how many individuals would appeal a department decision, it is not possible to estimate the fiscal impact of this bill.
