Out of Recess.

The House of Representatives has passed Bills and Resolutions with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 55-FN-A, setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2001.

HB 251, relative to official ballot procedures.

HB 333, relative to contracts between participating providers and managed care entities.

HB 369, establishing a committee on educational programs on tobacco use for minors.

HB 408, relative to drug formularies under managed care entities.

HB 469, raising the medical payments coverage under automobile insurance policies.

HB 473, establishing a committee to study the non-group health insurance market.

HB 488, relative to the definition of a developmentally delayed child in the provision of special education services.

HB 532, establishing a commission to study early childhood education.

HB 559-FN-A, authorizing vanity plates or decals for OHRV registrations.

HB 561-FN, reducing lab analysis fees of chemical analyses of water.

HB 562, relative to the date of decision for appeals of zoning matters.

HB 581-L, relative to deposits on utility meters.

HB 639-FN, relative to motor vehicles registration fees for antique motor vehicles and motorcycles.

HB 689-FN, establishing a committee to study campaign contributions and expenditures.

HB 727-FN, establishing a committee to study the problems and possible regulation of outdoor lighting.

HCR 5, encouraging New Hampshire Public Radio to extend its broadcast signal to northern areas of New Hampshire.

HCR 12, urging the United States Congress to enact legislation which prohibits the federal government from recouping state tobacco settlement funds.

HJR 2, urging that federal air pollution programs not punish early adopters of air pollution control technology.

HJR 3, urging ISO-New England to adopt policies furthering the state's interest in electric utility restructuring.

HJR 9, urging the United States Congress and federal Environmental Protection Agency to eliminate federal requirements for oxygenate additives for gasoline.

HB 225, relative to the definitions of the terms "farm," "agriculture," and "farming."

HB 265, relative to the student trustees on the university system of New Hampshire board of trustees.

HB 322, relative to funds provided by a mortgagee at real estate closings.

HB 325, prohibiting "cramming" in telecommunications billing.

HB 341, relative to the process for nonrenewal of teacher contracts.

HB 379, setting up a study committee to study issues pertaining to the Sullivan county regional refuse disposal district.

HB 410, relative to the enforcement authority of the department of environmental services.

HB 421, relative to the penalty provisions for the law regarding control of marine pollution, exotic aquatic weeds, and other aquatic growth.

HB 438, relative to certain changes to the membership of the advisory committee on child care.

HB 463-L, relative to the local regulation of junk yards and altering the definition of federal aid primary system for purposes of the laws regarding highway regulations, protection and control regulations.

HB 477-FN, changing certain requirements for temporary plates on motor vehicles.

HB 535, establishing a committee to study the department of resources and economic development.

HB 538, establishing a committee to study the new construction and repair of New Hampshire commemorative monuments at certain Civil War battle sites.

HB 650, establishing a committee to study the structure of alcohol and drug abuse prevention services.

HB 736, ratifying the 1999 Allenstown annual town meeting.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 55-HJR 9 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 55-FN-A, setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2001. Finance

HB 251, relative to official ballot procedures. Public Affairs

HB 333, relative to contracts between participating providers and managed care entities. Insurance

HB 369, establishing a committee on educational programs on tobacco use for minors. Public Institutions, Health and Human Services

HB 408, relative to drug formularies under managed care entities. Public Institutions, Health and Human Services

HB 469, raising the medical payments coverage under automobile insurance policies. Insurance

HB 473, establishing a committee to study the non-group health insurance market. Insurance

HB 488, relative to the definition of a developmentally delayed child in the provision of special education services. Education

HB 532, establishing a commission to study early childhood education. Education

HB 559-FN-Al, authorizing vanity plates or decals for OHRV registrations. Transportation

HB 561-FN, reducing lab analysis fees of chemical analyses of water. Environment

HB 562, relative to the date of decision for appeals of zoning matters. Public Affairs

HB 581-L, relative to deposits on utility meters. Executive Departments and Administration

HB 639-FN, relative to motor vehicles registration fees for antique motor vehicles and motorcycles. Transportation

HB 689-FN, establishing a committee to study campaign contributions and expenditures. Public Affairs

HB 727-FN, establishing a committee to study the problems and possible regulation of outdoor lighting. Environment

HCR 5, encouraging New Hampshire Public Radio to extend its broadcast signal to northern areas of New Hampshire. Internal Affairs

HCR 12, urging the United States Congress to enact legislation which prohibits the federal government from recouping state tobacco settlement funds. Internal Affairs

HJR 2, urging that federal air pollution programs not punish early adopters of air pollution control technology. Environment

HJR 3, urging ISO-New England to adopt policies furthering the state's interest in electric utility restructuring. Energy and Economic Development

HJR 9, urging the United States Congress and federal Environmental Protection Agency to eliminate federal requirements for oxygenate additives for gasoline. Environment

HB 225, relative to the definitions of the terms "farm," "agriculture," and "farming." Wildlife and Recreation

HB 265, relative to the student trustees on the university system of New Hampshire board of trustees. Education

HB 322, relative to funds provided by a mortgagee at real estate closings. Banks

HB 325, prohibiting "cramming" in telecommunications billing. Executive Departments and Administration

HB 341, relative to the process for nonrenewal of teacher contracts. Education

HB 379, setting up a study committee to study issues pertaining to the Sullivan county regional refuse disposal district. Environment

HB 410, relative to the enforcement authority of the department of environmental services. Environment

HB 421, relative to the penalty provisions for the law regarding control of marine pollution, exotic aquatic weeds, and other aquatic growth. Environment

HB 438, relative to certain changes to the membership of the advisory committee on child care. Public Institutions, Health and Human Services

HB 463-L, relative to the local regulation of junk yards and altering the definition of federal aid primary system for purposes of the laws regarding highway regulations, protection and control regulations. Transportation

HB 477-FN, changing certain requirements for temporary plates on motor vehicles. Transportation

HB 535, establishing a committee to study the department of resources and economic development. Energy and Economic Development

HB 538, establishing a committee to study the new construction and repair of New Hampshire commemorative monuments at certain Civil War battle sites. Internal Affairs

HB 650, establishing a committee to study the structure of alcohol and drug abuse prevention services. Public Institutions, Health and Human Services

HB 736, ratifying the 1999 Allenstown annual town meeting. Public Affairs

Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, and that when we adjourn we adjourn until Thursday, May 6, 1999 at 10:00 a.m.

The Senate met at 10:00 a.m.

A quorum was present.

The prayer was offered by Rev. David P. Jones, Senate Chaplain.

Senator J. King led the Pledge of Allegiance.

Senator J. King moved that the Rules of the Senate be so far suspended to allow a committee report not advertised in the Senate Calendar.

HB 67, relative to termination of parental rights upon a finding of either child abuse or commission of certain criminal offenses. Judiciary Committee. Ought to pass. Senator Pignatelli for the committee.

Senator Pignatelli offered a floor amendment.

1999-1095s

04/01

Amend the title of the bill by replacing it with the following:

Amend the bill by replacing all after the enacting clause with the following:

1 Purpose; Intent. The purpose of this amendment to RSA 170-C is to bring New Hampshire into compliance with the Adoption and Safe Families Act of 1997 that became effective on November 11, 1997. The Adoption and Safe Families Act is designed and intended to reform the current child welfare system and to balance the safety, permanency and well being of children in foster care.

2 Grounds for Termination of Parent-Child Relationship. Amend RSA 170-C:5, III to read as follows:

III. The parents, subsequent to a finding of child neglect or abuse under RSA 169-C, have failed to correct the conditions leading to such a finding within [18] 12 months of the finding despite reasonable efforts under the direction of the district court to rectify the conditions.

3 New Section; Petition for Termination of Parental Rights Required. Amend RSA 170-C by inserting after section 4 the following new section:

170-C:4-a Petition for Termination of Parental Rights Required. The state, through an authorized agency, or if required by a court of competent jurisdiction, shall file a petition for termination of parental rights or guardianship, or if such a petition has been filed by another party, the state shall seek to be joined as a party to such petition, in all cases where a child has been in foster care, under the responsibility of the state, for 12 of the most recent 22 months.

4 Effective Date. This act shall take effect upon its passage.

1999-1095s

AMENDED ANALYSIS

This bill decreases from 18 months to 12 months the time allowed for a parent, subsequent to a finding of child abuse, to correct the situation leading to that finding, and requires that the state initiate or join a petition for termination of parental rights where a child has been in foster care under the responsibility of the state for 12 of the most recent 22 months.

Hb 442, relative to charitable gift annuities. Banks Committee. Vote 3-0. Ought to pass with amendment, Senator Fernald for the committee.

1999-1026s

01/09

Amend RSA 403-E:4 as inserted by section 1 of the bill by replacing it with the following:

403-E:4 Failure to Comply. The failure of a charitable organization to comply with the requirements imposed under RSA 403-E:3 of this chapter shall not prevent a charitable gift annuity that otherwise meets the requirements of this chapter from constituting a qualified charitable gift annuity. The director shall enforce performance of RSA 403-E:3 by sending a letter by certified mail, return receipt requested, demanding that the charitable organization comply with the requirements of RSA 403-E:3. The director may fine the charitable organization in an amount not to exceed $1,000 per qualified charitable gift annuity agreement issued until such time as the charitable organization complies with RSA 403-E:3.

SB 230, relative to interstate school districts. Education Committee. Vote 6-0. Ought to Pass, Senator Gordon for the committee.

HB 402, establishing a committee to study methods to promote the use of renewable energy sources. Energy and Economic Development Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

HB 435, relative to disclosure by sellers of consumer goods and services. Energy and Economic Development Committee. Vote 6-0. Ought to Pass, Senator Below for the committee.

HB 671, adding a member to the council on resources and development. Energy and Economic Development Committee. Vote 3-0. Ought to Pass, Senator Disnard for the committee.

HB 672-FN-A-L, relative to creating a master plan for Hampton Beach and Hampton State park to deal with growth. Energy and Economic Development Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.

HB 686-FN, defining the state heritage collections committee's responsibilities and the process for acquiring or disposing of items and collections. Energy and Economic Development Committee. Vote 6-0. Ought to Pass, Senator Fraser for the committee.

SB 90, establishing a committee to study and investigate the needs for small business loans to pay for technical improvements for persons working at home. Energy and Economic Development Committee. Vote 7-0. Ought to Pass, Senator F. King for the committee.

HB 230, clarifying the waste reduction goals for the state of New Hampshire. Environment Committee. Vote 6-0. Ought to Pass, Senator Wheeler for the committee.

HB 426, relative to clean indoor air in state buildings. Environment Committee. Vote 6-0. Ought to Pass, Senator Russman for the committee.

HB 556-FN, relative to transporting hazardous waste. Environment Committee. Vote 6-0. Ought to Pass, Senator Pignatelli for the committee.

HB 557-FN, relative to hazardous waste permitting and container identification. Environment Committee. Vote 6-0. Ought to Pass, Senator Russman for the committee.

HB 592, creating a study committee regarding requirements for and usage of methyl t-butyl ether. Environment Committee. Vote 6-0. Ought to Pass, Senator Russman for the committee.

HB 530, establishing a committee to review the policies and procedures of the joint health council. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator Cohen for the committee.

HB 638-FN, authorizing a limited license for certain travel agents. Executive Departments and Administration Committee. Vote 4-0. Ought to Pass, Senator Larsen for the committee.

SB 83, relative to the regulation of the practice of veterinary medicine. Executive Departments and Administration Committee. Vote 4-0. Rereferred to Committee, Senator Brown for the committee.

HB 620-FN, relative to election of vested deferred retirement status for inactive members of the retirement system. Insurance Committee. Vote 8-0. Ought to Pass, Senator J. King for the committee.

HB 634-FN, eliminating the requirement that retirement system disability recipients notify the board of trustees of unreduced social security disability benefits. Insurance Committee. Vote 8-0. Ought to Pass, Senator J. King for the committee.

SB 15-FN-A, creating a position within the insurance department. Insurance Committee. Vote 8-0. Ought to pass with amendment, Senator Squires for the committee.

1999-1064s

01/09

Amend the title of the bill by replacing it with the following:

1999-1064s

AMENDED ANALYSIS

This bill creates a 2-year position of long-term care specialist to perform the duties of the long-term care institute. The bill makes an appropriation for the purposes of paying the annual salary of the long-term care specialist.

SB 32, relative to an employer exemption under the unemployment compensation laws. Insurance Committee. Vote 8-0. Ought to Pass, Senator Fraser for the committee.

SB 52, requiring insurance coverage for infertility treatments. Insurance Committee. Vote 7-1. Ought to pass with amendment, Senator Squires for the committee.

1999-1066s

01/09

Amend RSA 415:6-g, III as inserted by section 1 of the bill by replacing it with the following:

III.(a) The benefits included in this section shall not be subject to any greater deductible than any other benefits provided by the insurer. The coinsurance required by the enrolled participant may exceed the amount allowed under the contract for the reasonable and customary charge for the service provided.

(b) The benefits included in this section shall be offered by providers and facilities that conform to standards set forth by the American Society for Reproductive Medicine or the American College of Obstetricians and Gynecologists or other nationally recognized professional or government organizations. All guidelines and recommendations shall be based on scientific recommendations that have appeared in nationally recognized scientific journals.

(c) Nothing in this section shall limit the ability of an insurance carrier to select providers of these services provided that the requirements of subparagraph III(b) are met.

(d) The benefits included in this section shall be limited to those which have gained widespread acceptance in the United States and have been approved by those entities referred to in subparagraph III(b).

Amend RSA 415:18-i, III as inserted by section 2 of the bill by replacing it with the following:

III.(a) The benefits included in this section shall not be subject to any greater deductible than any other benefits provided by the insurer. The coinsurance required by the enrolled participant may exceed the amount allowed under the contract for the reasonable and customary charge for the service provided.

(b) The benefits included in this section shall be offered by providers and facilities that conform to standards set forth by the American Society for Reproductive Medicine or the American College of Obstetricians and Gynecologists or other nationally recognized professional or government organizations. All guidelines and recommendations shall be based on scientific recommendations that have appeared in nationally recognized scientific journals.

(c) Nothing in this section shall limit the ability of an insurance carrier to select providers of these services provided that the requirements of subparagraph III(b) are met.

(d) The benefits included in this section shall be limited to those which have gained widespread acceptance in the United States and have been approved by those entities referred to in subparagraph III(b).

Amend RSA 420-A:17-c, III as inserted by section 3 of the bill by replacing it with the following:

III.(a) The benefits included in this section shall not be subject to any greater deductible than any other benefits provided by the insurer. The coinsurance required by the enrolled participant may exceed the amount allowed under the contract for the reasonable and customary charge for the service provided.

(b) The benefits included in this section shall be offered by providers and facilities that conform to standards set forth by the American Society for Reproductive Medicine or the American College of Obstetricians and Gynecologists or other nationally recognized professional or government organizations. All guidelines and recommendations shall be based on scientific recommendations that have appeared in nationally recognized scientific journals.

(c) Nothing in this section shall limit the ability of an insurance carrier to select providers of these services provided that the requirements of subparagraph III(b) are met.

(d) The benefits included in this section shall be limited to those which have gained widespread acceptance in the United States and have been approved by those entities referred to in subparagraph III(b).

Amend RSA 420-B:8-gg, III as inserted by section 4 of the bill by replacing it with the following:

III.(a) The benefits included in this section shall not be subject to any greater deductible than any other benefits provided by the insurer. The coinsurance required by the enrolled participant may exceed the amount allowed under the contract for the reasonable and customary charge for the service provided.

(b) The benefits included in this section shall be offered by providers and facilities that conform to standards set forth by the American Society for Reproductive Medicine or the American College of Obstetricians and Gynecologists or other nationally recognized professional or government organizations. All guidelines and recommendations shall be based on scientific recommendations that have appeared in nationally recognized scientific journals.

(c) Nothing in this section shall limit the ability of an insurance carrier to select providers of these services provided that the requirements of subparagraph III(b) are met.

(d) The benefits included in this section shall be limited to those which have gained widespread acceptance in the United States and have been approved by those entities referred to in subparagraph III(b).

Senator Trombly moved to have SB 52, requiring insurance coverage for infertility treatments, laid on the table.

SB 52, requiring insurance coverage for infertility treatments.

HB 58, establishing a committee to study open adoption in New Hampshire. Judiciary Committee. Vote 7-0. Ought to Pass, Senator Wheeler for the committee.

HB 64, relative to changes of registration for undeclared voters. Public Affairs Committee. Vote 3-1. Inexpedient to Legislate, Senator Trombly for the committee.

Senator McCarley moved to have HB 64, relative to changes of registration for undeclared voters, laid on the table.

HB 64, relative to changes of registration for undeclared voters.

HB 422, relative to advertising by rent-to-own businesses. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Roberge for the committee.

HB 513, relative to approved permissible fireworks. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Trombly for the committee.

1999-1076s

03/01

Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 5:

4 New Section; Public Safety and Welfare; Fireworks; Retail Sale of Reloadable Aerial Shells Prohibited, Penalties. Amend RSA 160-B by inserting after section 16 the following new section:

160-B:16-a Retail Sale of Reloadable Aerial Shells Prohibited; Penalty. The retail sale of reloadable aerial shells is prohibited. In this section, "reloadable aerial shell" means a consumer (formerly class C common) firework device that is individually fused and designed to be inserted by the consumer into a tube prior to firing. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

1999-1076s

AMENDED ANALYSIS

This bill adds certain items to the definition of permissible fireworks in RSA chapter 160-B. This bill also prohibits the retail sale of reloadable aerial shells.

Senator Trombly offered a floor amendment.

1999-1101s

05/09

Floor Amendment to HB 513

Amend the bill by replacing paragraph II of section 5 with the following:

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

HB 664, establishing a study committee on rights of ownership to cemetery plots. Public Affairs Committee. Vote 4-0. Ought to pass with amendment, Senator Roberge for the committee.

1999-1049s

08/09

Amend the bill by replacing section 4 with the following:

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.

SB 128, replacing the housing assistance fund trust fund with a homeless prevention fund. Public Institutions, Health and Human Services Committee. Vote 5-0. Rereferred to Committee, Senator Squires for the committee.

SB 197-FN-A, establishing a pilot program for methadone maintenance treatment and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 4-1. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1074s

01/09

Amend the title of the bill by replacing it with the following:

AN ACT establishing a pilot program for opioid agonist therapy of addiction and making an appropriation therefor.

Amend the bill by replacing section 1 with the following:

1 Pilot Program for Opioid Agonist Therapy of Addiction.

I. The general court hereby establishes a pilot program to determine the efficacy and appropriateness of opioid agonist therapy of addiction. This pilot program shall terminate 2 years after the first date of operation of the program, as certified by the commissioner of health and human services to the secretary of state, unless authorized to continue by the legislature. The pilot program shall consist of up to 5 sites as deemed necessary by the director of the bureau of alcohol and substance abuse services to obtain a reasonable sampling of approaches and results needed to ascertain which models, if any, are appropriate to meet the needs of all New Hampshire residents including those in rural settings, those with minimal capacity to pay, and those for whom the use of methadone is contraindicated. The program shall be administered by the director of the bureau of alcohol and substance abuse services, department of health and human services. In order to implement this pilot program the commissioner, in consultation with the director of the bureau, shall adopt rules pursuant to RSA 541-A relative to the administration of the pilot program.

II. The director of the bureau of alcohol and substance abuse services may pursue additional funding for this pilot project in the form of grants from federal and private foundation sources and may expend such grants, moneys, and any appropriation for the purposes of the program.

III. The pilot program authorized by this act may supercede the provisions of RSA 318-B to the extent necessary to carry out the program; provided, that all procedures are in conformance with federal laws and regulations.

1999-1074s

AMENDED ANALYSIS

This bill establishes a pilot program to obtain sufficient data to determine the efficacy and appropriateness of opioid agonist therapy of addiction and to determine the most favorable model, if any, for statewide availability of such addiction treatment. The pilot program is to be administered by the bureau of alcohol and substance abuse services, department of health and human services. The commissioner of health and human services is granted rulemaking authority for the purposes of this bill.

The bill makes an appropriation for the purposes of the bill.

SB 223 FN-A, establishing a wellness and primary prevention council and making an appropriation therefor. Public Institutions, Health and Human Services Committee. Vote 6-0. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1078s

04/01

Amend RSA 126-M:2, I and II as inserted by section 1 of the bill by replacing them with the following:

I. "Wellness and primary prevention services" may include, but are not limited to:

(a) Parenting education.

(b) Parent support groups.

(c) Developmentally appropriate infant and toddler care.

(d) Play groups for families with young children

(e) Home visiting.

(f) Before and after school programs.

(g) Tutoring.

(h) Mentoring.

(i) Job readiness.

(j) Literacy and educational opportunities

(k) Skill building.

(l) Health and developmental screenings for children.

(m) Information and referral.

(n) Outreach and community development initiatives.

(o) Recreational opportunities.

(p) Health promotion.

(q) Illness and injury prevention.

(r) Community service and diversion activities.

II. "Family resource centers" means places in communities that are open to all families to provide wellness and primary prevention services and that partner with families to empower them so that families and communities thrive.

Amend RSA 126-M:3, III (c) as inserted by section 1 of the bill by replacing it with the following:

(c) The council shall, to the extent of available funds, hire a coordinator of wellness and primary prevention programs, to assist the council in the performance of its duties. The department of health and human services shall provide information and administrative support to the coordinator as the department may deem reasonable.

Amend the bill by replacing section 2 with the following:

2 Appropriation. The sum of $75,000 is hereby appropriated for the fiscal year ending June 30, 2000, for the purpose of funding the coordinator position established in RSA 126-M:3, III(c) as inserted by section 1 of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

1999-1078s

AMENDED ANALYSIS

This bill establishes a wellness and primary prevention council for the purpose of encouraging, promoting, and coordinating wellness and primary prevention services statewide. The bill makes an appropriation for the purpose of funding the position of a coordinator of wellness and primary prevention programs statewide.

Senator F. King moved to have HB 240, prohibiting the reintroduction of wolf populations to the state of New Hampshire, taken off the table.

HB 240, prohibiting the reintroduction of wolf populations to the state of New Hampshire. Ought to pass.

Senator F. King offered a floor amendment.

1999-1094s

01/03

Floor Amendment to HB 240

Amend the title of the bill by replacing it with the following:

Amend the bill by replacing all after the enacting clause with the following:

1 Statement of Intent. If the federal government permits the states to introduce wolf populations, the intent of this act is to prohibit the introduction of wolves to the state of New Hampshire.

2 New Subdivision; Wolf Introduction Prohibited. Amend RSA 207 by inserting after section 60 the following new subdivision:

Wolf Introduction Prohibited

207:61 Wolf Introduction Prohibited.

I. For the purposes of this subdivision, "wolf" means any canine classified as Canis lupis or Canis rufus.

II. No person or state agency shall introduce wolf populations to the state of New Hampshire.

3 Applicability. Nothing in this act shall prohibit the natural integration of wolves to New Hampshire.

4 Effective Date. This act shall take effect 60 days after its passage.

1999-1094s

AMENDED ANALYSIS

This bill prohibits the introduction of wolf populations to New Hampshire in the event the federal government permits such introduction.

Senator Wheeler moved to SB 69-L, relative to healthcare charitable trusts and community benefits, taken off the table.

SB 69-L, relative to healthcare charitable trusts and community benefits.

Senator Wheeler offered a floor amendment.

Sen. Wheeler, Dist. 21

Sen. Squires, Dist. 12

1999-1103s

08/01

Floor Amendment to SB 69-LOCAL

Amend the bill by replacing all after the enacting clause with the following:

1 New Subdivision; Community Benefits. Amend RSA 7 by inserting after section 32-b the following new subdivision:

7:32-c Purpose. The purpose of this subdivision is to ensure that health care charitable trusts provide the communities they serve with benefits in keeping with the charitable purposes for which the trusts were established and in recognition of the advantages the trusts enjoy. It acknowledges that each community is unique and its particular health care problems and needs should be examined and the community benefits provided by health care charitable trusts which serve it should be directed toward addressing the issues and concerns of that community. Community involvement in the development of community benefits plans is necessary to make the health care charitable trusts more responsive to the true needs of the community. State oversight of the planning process and public access to the community benefits plans will assure appropriate use of the resources of health care charitable trusts.

7:32-d Definitions. In this subdivision:

I. "Charity care" means health care services provided by a health care charitable trust for which the trust does not expect and has not expected payment and which health care services are not recognized as either a receivable or as revenue in the trust’s financial statements.

II. "Community" means the service area or patient population for which a health care charitable trust provides services.

III. "Community benefits" means a health care charitable trust’s activities that are intended to address community health care needs including, but not limited to, any of the following:

(a) Charity care.

(b) Financial or in-kind support of public health programs even if the programs extend beyond the trust’s service area, including support of recommendations in any state health plan developed by the department of health and human services.

(c) Allocation of funds, property, services or other resources that contribute to community health care needs identified in a community benefits plan.

(d) Donation of funds, property, services, or other resources which promote or support a healthier community, enhanced access to health care or related services, health education and prevention activities, or services to a vulnerable population.

(e) Support of medical research and education and training of health care practitioners.

IV. "Community benefits plan" means a written document prepared by a health care charitable trust which identifies health care needs in the area served by the trust and describes the activities the trust has undertaken and will undertake to address the identified needs.

V. "Health care charitable trust" means a charitable trust organized to provide health care services, including, but not limited to, hospitals, nursing homes, community health services, and medical-surgical or other diagnostic or therapeutic facilities or services. "Health care charitable trust" shall not include any testamentary or inter vivos trust which is not organized to provide health care services.

VI. "Vulnerable population" means any population that is at risk of not receiving health services due to medical, financial or other barriers.

7:32-e Community Benefits Plans. Within 90 days of the start of its fiscal year every health care charitable trust shall develop a community benefits plan. The plan shall be developed in accordance with the following criteria:

I. The trust shall adopt a mission statement which shall be included in its plan and which shall be reaffirmed by the trust on an annual basis.

II. The plan shall take into consideration a community needs assessment conducted in accordance with RSA 7:32-f and shall identify the health care needs that were considered in development of the plan.

III. The plan shall identify the activities the trust expects to undertake or support which address the needs determined through the community needs assessment process or which otherwise qualify as community benefits and shall include all charity care in a discrete category.

IV. The plan shall include a report on the community benefit activities undertaken by the trust in the preceding year and information describing the results or outcomes of the trust’s community benefit activities. The report shall also include the means used to solicit the views of the community served by the trust; identification of community groups, members of the public, and local government officials consulted on the development of the plan; and an evaluation of the plan’s effectiveness.

V.(a) To the extent practicable, the plan shall include:

(1) An estimate of the cost of each activity expected to be undertaken or supported in the ensuing year; and

(2) A report on the unreimbursed cost of each activity undertaken in the preceeding year.

(b) For reporting purposes, the cost of contributed services shall be determined in accordance with the rates, costs, units of service or other statistical measures used for general accounting purposes by the health care charitable trust. In addition, each charitable trust shall include in its report the ratio of its gross receipts from operations to its net operating costs, as shown in its final statement of accounts for the preceeding fiscal year.

VI. The process for development of the plan shall include an opportunity for members of the public in the trust’s service area to provide input into development of the plan and comment upon the trust’s proposed plan.

7:32-f Community Needs Assessment. Every health care charitable trust shall, either alone or in conjunction with other health care charitable trusts in its community, conduct a community needs assessment to assist in determining the activities to be included in its community benefits plan. The needs assessment process shall include consultation with members of the public, community organizations, service providers, and local government officials in the trust’s service area, in the identification and prioritization of community needs that the health care charitable trust can address directly, or in collaboration with others. The community needs assessment shall be updated at least every 3 years.

7:32-g Notice to Director of Charitable Trusts and Public; Administrative Fine.

I. Every health care charitable trust shall submit its community benefits plan to the director of charitable trusts on an annual basis no later than 90 days after the start of the trust’s fiscal year. The trust and the director of charitable trusts shall make all community benefits plans available to the public and, where practicable, shall place the reports on an internet site or web page. Every health care charitable trust shall at least annually provide notice to the public of the availability and process for obtaining a copy of its community benefits plan and shall prominently display such notice in its lobby, waiting rooms, or other area of public access.

II. An extension of time for filing the community benefits plan may be granted by the director.

III. The director may impose an administrative fine upon a charitable organization that violates any provision of RSA 7:32-g, I, in an amount not to exceed $1,000 plus attorneys fees and costs for each such violation.

7:32-h Charity Care. The provision of charity care may be included in a community benefits plan by a health care charitable trust only to the extent that it:

I. Does not include any sums identified as bad debt, a receivable or revenue by the trust in accordance with generally accepted accounting principles.

II. Is provided in accordance with a written policy which is available to the public, which allows any individual to make application and receive a prompt decision on eligibility for and the amount of charity care, and notice of which is prominently displayed in the trust’s lobby, waiting rooms, or other area of public access or otherwise is provided to service applicants and recipients who are served in their own homes or in locations other than a facility of the trust.

7:32-i Enforcement. Nothing in this subdivision shall derogate from authority of the attorney general, or the rights of others, provided by common law or other statute.

7:32-j Exemption. If the total equalized assessed value of the real estate assets of a health care charitable trust do not exceed $1,000,000, the trust shall have no obligation to comply with the provisions of this subdivision. In addition, those health care charitable trusts for which compliance would be a financial or administrative burden, according to criteria established and administered by the director of charitable trusts, may request an exemption from the provisions of this subdivision. An exemption, if granted, shall be valid for 3 years from the date of issuance unless it is revoked by the director of charitable trusts and written notice of such revocation is provided to the health care charitable trust.

2 Legislative Review. The provisions of this act shall be subject to further legislative review and amendment based on the results of the statewide health plan process to be implemented during the fiscal year ending June 30, 2000 and the initial reports by the health care charitable trusts in compliance with this act.

3 Effective Date. This act shall take effect January 1, 2000.

1999-1103s

AMENDED ANALYSIS

This bill requires that health care charitable trusts develop community benefits plans each fiscal year which shall be submitted to the director of charitable trusts; and provides what shall be included in such plans. Health care charitable trusts shall also conduct community needs assessments in order to help determine the activities to be included in the community benefits plans. Health care charitable trusts with total equalized assessed value of real estate assets not exceeding $1,000,000 are exempt from this bill’s provisions. In addition, health care charitable trusts for whom compliance would be a financial or administrative burden may be granted an exemption from the bill’s requirements. The bill also authorizes the director of charitable trusts to assess an administrative fine upon charitable trusts for failure to comply with certain requirements.

The House of Representatives concurs with the Senate in its amendment to the following entitled House Bills sent down from the Senate:

HB 210, reinstating the corporate charter of C.A.B. Real Estate, Inc.

HB 358, relative to the term of office for members of the state board of education.

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bills sent down from the Senate:

SB 17, relative to funeral arrangements.

SB 19, extending the reporting date of the state substance abuse treatment delivery system committee.

SB 91, designating segments of the Cold River as protected under the rivers management and protection program.

SB 119, relative to the withdrawal of a pupil from school.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 78, relative to the counting of votes when the moderator is disqualified.

HB 203, making impaired boating laws consistent with driving while intoxicated laws.

HB 210, reinstating the corporate charter of C. A. B. Real Estate, Inc.

HB 268, relative to the adoption of recission of the official ballot form of meeting.

HB 327, allowing municipal governing bodies to enter into lease agreements for equipment.

HB 365, establishing a committee to study the current practice of posting roads and its effect on the economy.

HB 447, repealing the laws prohibiting certain promotional games.

SB 19, extending the reporting date of the state substance abuse treatment delivery system committee.

SB 119, relative to the withdrawal of a pupil from school.

Senator D’Allesandro moved adoption.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 41, correcting a reference in provisions relating to hunting and fishing licenses for members of the armed services.

Senator Disnard moved concurrence.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 160, establishing a committee to study and identify or establish the duties of the fish and game commission.

Senator Disnard moved concurrence.

Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time and that the bills ordered to third reading be read a third time by this resolution and all titles be the same as adopted and that they be passed at the present time.

Senator Cohen moved that the Senate be in recess for the purpose of House Messages, introduction of bills, Enrolled Bills Reports and amendments, and that when we adjourn, we adjourn until Thursday, May 13, 1999 at 10:00 a.m.

SB 32, relative to an employer exemption under the unemployment compensation laws.

HB 58, establishing a committee to study open adoption in New Hampshire.

HB 67, relative to termination of parental rights upon a finding of either child abuse or commission of certain criminal offenses.

SB 69-L, relative to healthcare charitable trusts and community benefits.

SB 90, establishing a committee to study and investigate the needs for small business loans to pay for technical improvements for persons working at home.

SB 230, relative to interstate school districts.

HB 230, clarifying the waste reduction goals for the state of New Hampshire.

HB 240, prohibiting the reintroduction of wolf populations to the state of New Hampshire.

HB 402, establishing a committee to study methods to promote the use of renewable energy sources.

HB 426, relative to clean indoor air in state buildings.

HB 435, relative to disclosure by sellers of consumer goods and services.

Hb 442, relative to charitable gift annuities.

HB 513, relative to approved permissible fireworks.

HB 530, establishing a committee to review the policies and procedures of the joint health council.

HB 556-FN, relative to transporting hazardous waste.

HB 557-FN, relative to hazardous waste permitting and container identification.

HB 592, creating a study committee regarding requirements for and usage of methyl t-butyl ether.

HB 620-FN, relative to election of vested deferred retirement status for inactive members of the retirement system.

HB 634-FN, eliminating the requirement that retirement system disability recipients notify the board of trustees of unreduced social security disability benefits.

HB 638-FN, authorizing a limited license for certain travel agents.

HB 664, establishing a study committee on rights of ownership to cemetery plots.

HB 671, adding a member to the council on resources and development.

HB 672-FN-A-L, relative to creating a master plan for Hampton Beach and Hampton State park to deal with growth.

HB 686-FN, defining the state heritage collections committee's responsibilities and the process for acquiring or disposing of items and collections.