Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

APRIL 7, 2006

 

 

Members Present:   Representatives Patten, Allan, Bicknell, Millham*, Carson*, Dokmo*, Pilotte*, and Mitchell*, and Senators Flanders, Clegg, and Letourneau.  (*) Indicates alternate member.

 

(**)  Part 1, Article 28-a was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  The meeting was convened at 9:04 a.m. by Rep. Patten as Vice Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan, Millham, and Dokmo, and Sens. Flanders, Clegg, and Letourneau.

 

     Rep. Patten appointed Reps. Dokmo and Millham as alternates, respectively, for Reps. Bicknell and Wall, who were absent.

 

2.  The Committee discussed the minutes of the regular Committee meeting on March 24, 2006.

 

     Rep. Allan moved that the minutes be approved.

 

     Sen. Flanders seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone any items to the next Committee meeting.

 

     Sen. Clegg moved that the Committee postpone the following item to the Committee meeting on April 21, 2006:

 

OR 2005-117

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Maximum Reimbursement for Residential Child Care Rate Setting

(JLCAR Deadline May 23, 2006.)

 

     Sen. Flanders seconded.

 

     Adopted

 

     Rep. Mitchell arrived at this time.  Rep. Patten appointed Rep. Mitchell as an alternate for Sen. Estabrook, who was absent.

 

4.  The Committee discussed Final Proposal 2005-177 from the Insurance Department (Ins 1901 Minimum Standards for Accident and Health Insurance).  Deborah O’Loughlin and Maureen Hartsmith testified for the agency.

 

     Rep. Pilotte, Rep. Carson, and Rep. Bicknell arrived during the discussion of this item.  Rep. Patten appointed Rep. Pilotte as an alternate for Sen. Estabrook, who was absent.  Since Rep. Bicknell was present, Rep. Dokmo was no longer voting.  Rep. Carson was also not voting as she had not yet been appointed as an alternate.

 

     Mark Vattes, representing Anthem Blue Cross/Blue Shield, also testified.

 

     Rep. Bicknell moved that the Committee approve Final Proposal 2005-177.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

5.  The Committee discussed Proposed Interim Rule INT 2006-10 from the Department of Health and Human Services (Former Division of Human Services, Recovery of Erroneously Disbursed Child Support Payments).  Ernest (Greg) Allen testified for the agency.

 

     Rep. Allan moved that the Committee approve Proposed Interim Rule INT 2006-10.

 

     Sen. Flanders seconded.

 

     Adopted

 

6.  The Committee discussed Final Proposal 2005-224 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Staff Qualifications and Staff Development Requirements for Developmental Service Agencies).  Ken Nielsen testified for the agency.

 

     Sen. Flanders moved that the Committee approve Final Proposal 2005-224.

 

     Rep. Bicknell seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2006-6 from the Department of Health and Human Services (Former Division of Human Services, Vision Services).  Dawn Landry and Jane Hybsch testified for the agency.

 

     Rep. Allan moved that the Committee approve Final Proposal 2006-6.

 

     Sen. Clegg seconded.

 

     Adopted.

 

8.  The Committee discussed the request by the Department of Health and Human Services to the Office of Legislative Services to make changes to adopted rules He-W 700 (Document #8388, effective
7-8-05) as part of the rule certification process pursuant to RSA 541-A:15, I.

 

     Sen. Clegg moved that the Committee recommend to the Director of Legislative Services that she accept the requested changes as editorial changes.

 

     Sen. Letourneau seconded.

 

     Adopted.

 

9.  The Committee discussed the request by the Public Utilities Commission to the Office of Legislative Services to make changes to adopted rules Puc 400 (Document #8348, effective 5-10-05) as part of the rule certification process pursuant to RSA 541-A:15, I.

 

     Sen. Clegg moved that a special notice be placed in the Rulemaking Register that the Committee, as the first regular agenda item on April 21, 2006, will discuss and vote on the inadvertent omission of pre-existing test in Puc 452.08 (f)(1)-(3).

 

     Rep. Allan seconded.

 

     Adopted.

 

10.The Committee discussed the notification by the Public Utilities Commission to the Committee pursuant to RSA 541-A:30-a, V(c) of the use of model rules Jus 800 of the Department of Justice relative to adjudicative proceedings.

 

No further action was taken.

 

11.The Committee discussed the response by the Board of Barbering, Cosmetology, and Esthetics to the Committee’s preliminary objection to Final Proposal 2005-140 (Application Procedures, Licensing Requirements, and Renewal Form).  Lynda Elliott testified for the Board.

 

It was the consensus of the Committee to postpone this item to the Committee meeting on April 21 as the second item in the regular agenda, have Sen. Clegg invite the Commissioner of the Department of Labor to the meeting, and have the Board staff draft a legislative amendment for Sen. Clegg giving the Board sole authority over apprenticeship programs, with fee authority.

 

12.  The Committee briefly discussed as other business the letter to Rep. Patten dated March 21, 2006 from the Lottery Commission relative to public access for disabled persons seeking to purchase lottery tickets.

 

      No further action was taken.

 

13.   Sen. Flanders moved that the Committee adjourn.

 

Rep. Allan seconded.

 

Adopted.

 

The Committee adjourned at 10:50 a.m.