JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
APRIL 6, 2007
Members Present: Representatives
Pilotte, Patten, MacKay, Schmidt, Millham*, Casey,* and DeJoie*, and Senators Fuller-Clark,
DeVries, Downing, and Letourneau.
(*) Indicates alternate members.
(**) Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.
1. The meeting was convened at 9:00 a.m. by Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, Schmidt, and Millham, and Sen. Downing.
2. The Committee discussed the minutes of the Committee meeting on March 30, 2007.
Rep. Patten moved that the minutes be approved, with an amendment as follows to the Committee motion on page 2 of the draft minutes to conditionally approve Final Proposal 2006-195: Add the condition that the agency include the following rule: “He-P 2504.04 Eligibility Determination. An applicant shall be eligible if the applicant meets the eligibility requirements described in He-P 2504.01 through He-P 2504.03.”
Sen. Downing seconded.
Rep. Pilotte appointed Rep. Millham as an alternate for Rep. Mitchell, who was absent.
3. The Committee discussed the response and amended response by the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2006-134 (Former Division of Human Services, Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies). Lisabritt Solsky, Jonathan Gallo, and Jane Hybsch testified for the Department.
HB 823-FN was discussed also.
Senators Fuller-Clark, Letourneau, and DeVries and Rep. Casey arrived during the discussion of this item.
Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Cilley, who was absent.
The following persons also testified:
Carol Stamatakis, representing the N.H. Council on Developmental Disabilities.
Cindy Robertson, representing the Disability Rights Center of Concord, N.H.
Rep. Millham left the meeting during the discussion of this item.
Sen. Letourneau moved that the Committee accept the amended objection response and approve the rules.
Rep. Patten seconded.
4. After a break, with Reps. Pilotte, MacKay, and Schmidt, and Sens. DeVries, Downing, and Letourneau present, the Committee discussed Final Proposal 2007-4 from the Department of Health and Human Services (Former Division of Human Services, The Deficit Reduction Act of 2005 and Temporary Assistance for Needy Families (TANF)). Terry Smith and Lynn Wilder testified for the Department.
The Department had submitted a conditional approval request, in a letter and attached rule dated March 27, 2007, and a revised conditional approval request, in a letter and attached rule dated April 4, 2007.
Sara Dustin also testified.
Reps. Patten and Casey, and Sen. Fuller Clark, returned during the discussion of this item.
Rep. DeJoie arrived during the discussion of this item.
Rep. Casey, Sen. Downing, and Sen. DeVries left before a motion was made on this item.
Sen. Letourneau moved that the Committee conditionally approve Final Proposal 2007-4 as requested in the Department’s revised conditional approval request, with the following amendments requested by the Department in the meeting: (1) In He-W 637.02 (b)(4), insert “or homeless shelter” after “domestic violence shelter”; and (2) In He-W 637.06 (c), replace “beginning the 10th day” with “no later than 10 business days”.
Rep. Patten seconded.
On a show of hands, the vote was 4 “yes” and 3 “no”.
The motion was adopted.
5. The Committee discussed Final Proposal 2006-185 from the Insurance Department (External Review). Deborah O’Loughlin testified for the Department.
Rep. Patten moved that the Committee approve Final Proposal 2006-185.
Rep. MacKay seconded.
6. The Committee discussed Final Proposal 2007-3 from the Department of Health and Human Services (Division of Elderly and Adult Services, Adult Protection Program). Mary Maguire and Lynn Koontz testified for the Department.
The Department had submitted a request for conditional approval in a letter and attached rule dated April 5, 2007.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2007-3 as requested.
Rep. MacKay seconded.
Rep. Pilotte had appointed Rep. DeJoie as an alternate for Sen. DeVries, who was absent.
7. The Committee adjourned at 12:50 p.m.