JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

JUNE 25, 2010

 

 

Members Present:   Representatives Pilotte, Schmidt, Gottling, Millham, and Boyce*, and Sen. Merrill.  (*)  Indicates alternate member.

 

(**)  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 9:09 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Gottling, Millham, and Boyce, and Sen. Merrill.

 

     Rep. Kidder arrived shortly after the Committee convened.

 

     Rep. Pilotte appointed Rep. Boyce and Rep. Kidder as alternates, respectively, for Rep. Patten and Sen. Letourneau, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on June 18, 2010.

 

     Relative to Final Proposal 2009-130 in Item #12 of the minutes, Rep. Boyce moved that the minutes be approved, with an amendment to Item 12 in the minutes to add the following:  “It was the consensus of the Committee that the vote to enter a final objection was done in lieu of any other action, such as a vote to sponsor a joint resolution.”

 

     Rep. Kidder seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     Rep. Schmidt moved that the Committee postpone action on the following items to the next Committee meeting, scheduled for Thursday, July 15, 2010:

 

9.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(b)  FP 2010-26

Commissioner

Submission of Health Care Facility Financial Data

(JLCAR Deadline July 19, 2010.)

 

 

12. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b)  OR 2008-166

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

13. Responses to Revised Objections Made in June 4, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  ROR 2009-176

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline September 7, 2010.)

 

     Sen. Merrill seconded.

 

     Adopted.

 

     Rep. Pilotte also noted for the record that the Department of Health and Human Services had withdrawn Final Proposal 2010-44 (Former Division of Mental Health and Developmental Services, Community Mental Health Services).

 

4.  The Committee discussed Final Proposal 2010-33 from the Department of Employment Security (Overpayment Without Fault; Waiting Week).  Lon Siel testified for the Department.

 

     The Department had requested a conditional approval with amended rules dated June 16, 2010.

 

     Sen. Merrill moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-33 based on the request.

 

     Rep. Kidder seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2010-35 from the Department of Employment Security (Termination of Employment).  Lon Siel testified for the Department.

 

     The Department had requested a conditional approval with an amended rule dated June 16, 2010.

 

     Daniel Feltes, representing N.H. Legal Assistance, also testified.

 

     Sen. Merrill left during the discussion of this item.

 

     Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-35 based on the request.

 

     Rep. Boyce seconded.

 

     Adopted.

 

6.  The Committee discussed Proposed Interim Rule INT 2010-5 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Rights Protection Procedures).  Maya Glover testified for the Department.

 

     Rep. Millham moved that the Committee approve Proposed Interim Rule INT 2010-5.

 

     Rep. Gottling seconded.

 

     Adopted.

 

     Rep. Pilotte noted for the record the discussion of the issues from prior rulemaking on these rules, which the Department indicated it would consider in the regular rulemaking process.

 

7.  The Committee discussed Final Proposal 2010-43 from the Department of Health and Human Services (Former Division of Human Services, Expanded Health Care Coverage for Certain Low-Income Children (SCHIP) Co-Payments).  Michael Holt, Marilee Nihan, and Ann Walls testified for the Department.

 

     The following persons also testified:

            Peter Ames, representing the N.H. Chapter of the American Cancer Society and N.H. Voices for Health.

            Richard Doran representing the N.H. Minority Health Coalition and the Granite State Organizing Project who had also submitted written testimony from Sarah Jane Knox.

 

     N.H. Healthy Kids had also submitted a letter to the Committee.

 

     Rep. Pilotte noted that the following persons had completed testimony cards on Final Proposal 2010-43 at the Committee meeting on June 18, 2010, but they did not respond when called today:

            Sarah Jane Knox, representing the Granite State Organizing Project.

            Lisa Kaplan House, representing N.H. Voices for Health.

            Gail Garceau, representing N.H. Healthy Kids.

 

     Rep. Gottling moved that the Committee approve Final Proposal 2010-43. 

 

     Rep. Millham seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2010-45 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Children’s Special Medical Services).  Liz Collins represented the Department.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2010-45.

 

     Rep. Kidder seconded.

 

     Adopted.

 

9.  Rep. Schmidt moved that the Committee adjourn.

 

     Rep. Boyce seconded.

 

     Adopted.

 

     The Committee adjourned at 11:05 a.m., thereby effectively postponing consideration of the following item to the next Committee meeting:

 

 

 

OTHER BUSINESS

 

14. Other