JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 18, 2019 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Dan Feltes

Rep. Carol M. McGuire

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Ruth Ward

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. David Karrick (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. James Gray (Alt.)

 

Sen. David Watters (Alt.)

 

 

 

The times and order specified for the agenda items listed below are only tentative.  The Committee may change the order or may change the amount of time allotted for such items.

 

1.   9:00 a.m.    Convene, Seating of Alternates, and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

2.   9:15 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2018-143
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Assistant Training Reimbursement

(JLCAR Deadline February 19, 2019.)

 

 

(b)  FP 2018-168
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Telephone Redeterminations, Personal Interviews, and Excluded Income

(JLCAR Deadline February 19, 2019.)

 

 

(c)  FP 2018-170
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expanded List of Healthcare Providers Authorized to Complete Exemption and Incapacity Forms for Financial Assistance to Needy Families (FANF)

(JLCAR Deadline February 19, 2019.)

 

 

(d)  FP 2018-194
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Payments to Non-Public Disproportionate Share Hospitals and Uncompensated Care Fund Reporting

(JLCAR Deadline February 19, 2019.)

 

 

(e)  FP 2018-195
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Assessment and Evaluation of Persons Eligible for Involuntary Civil Commitment as Sexually Violent Predators

(JLCAR Deadline February 19, 2019.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

(a)  FP 2018-145
Conditional Approval

PEASE DEVELOPMENT AUTHORITY

Rules Regulating Pilots and Pilotage

(JLCAR Deadline February 19, 2019.)

 

 

(b)  FP 2018-183
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Amendments Regarding Individual Sewage Disposal System Loading Calculations, Amended ISDS Plans, Daily Flow Calculations

(JLCAR Deadline February 19, 2019.)

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

5.   9:16 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated.  Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved.  No further Committee action is required in that case.

 

 

Conditionally Approved December 20, 2018:

 

 

FP 2018-132

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Home Health Care Providers Licensing

(Response received December 27, 2018 and confirmed December 27, 2018.)

 

 

FP 2018-151

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fees Charged by the Governing Boards

(Response not yet received.)

 

 

FP 2018-177

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Instream Flow Rules

(Response received December 21, 2018 and confirmed December 21, 2018.)

 

 

INT 2018-25

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Granite Workforce Pilot Program

(Response received December 24, 2018 and confirmed December 24, 2018.)

 

 

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

7.   9:20 a.m.    DEPARTMENT OF SAFETY

 

 

(a)  FP 2018-135
Conditional Approval

Commissioner

Display Fireworks Rules

(JLCAR Deadline January 22, 2019.)

(Formerly Item #12(b) on 12-20-18 Agenda.)

 

 

(b)  OR 2018-122
Postponed to 2/15/19
Regular Meeting

Commissioner

Modular Buildings and Building Components Rules

(JLCAR Deadline March 26, 2019.)

(Response due by February 4, 2019 but not yet filed.)

 

 

8.   9:30 a.m.    BOARD OF EDUCATION

 

 

FP 2018-74
Conditional Approval

Non-public School Approval

(JLCAR Deadline January 25, 2019.)

(Formerly Item #10(a) on 10-18-18 Agenda.)

 

 

9.   9:35 a.m.    BOARD OF NURSING

 

 

FP 2018-159
Postponed to 2/15/19
Regular Meeting

Application Procedure

(JLCAR Deadline January 25, 2019.)

(Formerly Item #9 on 11-15-18 Agenda.)

 

 

10. 9:40 a.m.    POLICE STANDARDS AND TRAINING COUNCIL

 

 

EXRF 2018-2
Approval with Recommendation

Revision to PSTC “Form D Report of Medical History”

(No JLCAR Deadline.)

 

 

11. 9:45 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  OR INT 2018-26
Postponed to 2/15/19
Regular Meeting

Former Division of Human Services

NH Granite Advantage Health Care Program

(JLCAR Deadline March 13, 2019.  Interim rule implements 2018, 342:1 (SB 313), effective January 1, 2019.)

 

 

(b)  INT 2019-1
Conditional Approval

Division of Elderly and Adult Services

The Social Services Block Grant (Title XX)

(JLCAR Deadline April 10, 2019.  Most of the former rules expired January 12, 2019.)

 

 

(c)  INT 2019-2
Conditional Approval

Former Division of Public Health Services

New Hampshire Nursing Home Rules

(JLCAR Deadline April 10, 2019.  Most of the existing rules will expire January 26, 2019.)

 

 

(d)  INT 2019-3
Conditional Approval

Commissioner

Submission of Health Care Facility Financial Data

(JLCAR Deadline April 10, 2019.  Former rules expired January 1, 2019.)

 

 

12. 10:45 a.m.  Orientation session for new members.

 

 

OTHER BUSINESS

13. 11:45 a.m.