JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
OCTOBER 20, 2011
Members Present: Representatives Pilotte,
Schmidt, McGuire, Manuse, Kidder*,
(**)
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 9:02 a.m. by Rep. Pilotte as Acting Chair.
Members
present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Kidder,
2. The
Committee discussed the minutes of the Committee meeting on October 6, 2011.
Rep.
Pilotte designated Reps. Kidder, Sad,
Rep. Kidder moved that the minutes be approved.
Sen. Groen seconded.
Adopted.
3. The
Committee discussed the following Final Proposals and Proposed Interim Rules
(Consent Agenda – Final Proposals and Proposed Interim Rules):
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FP 2011-110 |
DEPARTMENT OF SAFETY |
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FP 2011-112 |
DEPARTMENT OF REVENUE ADMINISTRATION |
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INT 2011-27 |
HEALTH SERVICES PLANNING AND REVIEW BOARD |
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INT 2011-28 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Beverages and Bottled Water |
Rep. Schmidt moved that the Committee
approve the Final Proposals and Proposed Interim Rules.
Rep. Sad seconded.
Adopted.
4. The Committee discussed whether to postpone
action on certain items to another Committee meeting.
The Committee discussed briefly the status
of the amended draft of the Drafting and Procedure Manual for Administrative
Rules.
Rep. McGuire arrived in the meeting during
the discussion of this item.
Rep. Schmidt moved that the Committee
postpone action on the following items to the continued Committee meeting on
November 3, 2011:
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8. BOARD OF LICENSING FOR INTERPRETERS FOR THE DEAF AND HARD OF
HEARING |
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(a)
FP 2011-89 |
Organization and Practice and Procedure
Rules for the Deaf and Hard of Hearing Interpreters (JLCAR
Deadline November 7, 2011.) |
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(b)
FP 2011-90 |
Licensing Rules for the Deaf and Hard of
Hearing Interpreters (JLCAR
Deadline November 7, 2011.) |
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13. DEPARTMENT OF SAFETY |
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(a)
FP 2011-98 |
Road Toll Administration Rules (JLCAR
Deadline November 14, 2011.) |
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(b)
FP 2011-99 |
Oil Pollution Control Fund Rules (JLCAR
Deadline November 14, 2011.) |
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(c)
FP 2011-100 |
Oil Discharge and Disposal Fund Rules (JLCAR
Deadline November 14, 2011.) |
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(d)
FP 2011-101 |
Fuel Oil Discharge Cleanup Fund (FOD) Rules (JLCAR
Deadline November 14, 2011.) |
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(e)
FP 2011-102 |
Automotive Oil Fee Fund and Motor Oil
Discharge Cleanup Fund Rules (JLCAR
Deadline November 14, 2011.) |
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(f)
OR 2011-93* |
State Fire Code Rules (JLCAR
Deadline January 10, 2012.) *Response not yet filed. |
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14. OR 2011-71* |
ASSESSING STANDARDS BOARD (JLCAR Deadline January 10, 2012.) *Response not yet filed. |
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15. Discussion
on amended draft of the Drafting and Procedure Manual for Administrative
Rules. |
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OTHER BUSINESS 16. Other |
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Rep. Taylor seconded.
Adopted.
5. The Committee discussed Final Proposal
2011-117 from the Department of Health and Human Services (Former Division of
Human Services, Physician Services).
No action was taken at this time.
6. The Committee discussed Final Proposal
2011-75 from the Insurance Department (Antifraud Plan Standards). Barbara Richardson, Catherine Bernhard, and
Deborah O’Loughlin testified for the Department.
Rep. Manuse arrived during the discussion
of this item.
Rep. McGuire moved that the Committee make
a preliminary objection to Final Proposal 2011-75 based on the Committee’s
determination that Ins 4601.07 was unclear by not being written as a rule, in
that the rule states that “the department has the right” to review fraud plans
and take administrative action, but it is unclear under what circumstances the
Commissioner shall review the plans and take action. The motion was made with the understanding
that the Committee expects that the Department will propose more detailed
requirements for antifraud plans in Ins 4601 in future rulemaking.
Rep. Manuse seconded.
Adopted.
Rep. Tremblay left the meeting at this
time.
7. The Committee discussed the response of the
Insurance Department to the Committee’s preliminary objection to Final Proposal
2011-42 (Coverage for Individuals Under the Age of 19). Jennifer Patterson and Tyler Brannen
testified for the Department.
Ms. Patterson requested, on behalf of the
Department, a revised objection to Ins 1908.05(b) and Ins 1908.06(c) based on
staff annotations.
Rep. Manuse moved that the Committee
accept the revised objection request and make a revised objection based on the
request, with the understanding that the words “and associated expenses based
on the board’s past experience” would be deleted from Ins 1908.05(b) in the
response to the revised objection.
Rep. Schmidt seconded.
Adopted.
It was the consensus of the Committee
that, if the response to the revised objection were submitted by the Department
prior to the continued meeting on November 3, 2011, the response would be on
the agenda for that meeting.
8. The Committee discussed Final Proposal
2011-41 from the Pharmacy Board (Unused Prescription Drug Program Rules). James Queenan testified for the Board.
The following persons also testified:
James Demers, representing PhRMA.
Marjorie Powell, representing PhRMA.
Rep. Schmidt moved that the Committee make
a preliminary objection to Final Proposal 2011-41 on the grounds as outlined in
the annotations to the Final Proposal by Committee staff, and in public
testimony and the Committee’s discussion.
Rep. Manuse seconded.
Adopted.
9. After a break, with Reps. Pilotte, McGuire,
Manuse, Kidder,
Sen. Groen returned to the meeting during
the discussion of this item.
Rep. McGuire moved that the Committee
approve Proposed Interim Rule INT 2011-29.
Rep. Manuse seconded.
Adopted.
10. The Committee briefly discussed Final Proposal
2011-111 from the Department of Revenue Administration (Interest and Dividends
Tax).
The Committee took no action at this time.
11. The Committee discussed Final Proposal
2011-115 from the Department of Health and Human Services (Former Division of
Public Health Services, Individual Home Care Service Providers and Home Care
Service Provider Agencies). John Martin
and Rodney Bascom testified for the Department.
Rep. Manuse moved that the Committee make
a preliminary objection to Final Proposal 2011-115 on the grounds that He-P
820.03(k), and other rules in He-P 830 that mention individual home care
service providers, were beyond the Department’s authority because it had no
authority to license individuals, and that the Committee send a copy of the
objection to the chairs of the Executive Departments and Administration
Committees of the House and Senate for their review pursuant to RSA 541-A:13,
V(b).
Rep. McGuire seconded.
Valerie Acres of the Sheehan Phinney
Capitol Group, representing the Granite State Home Health Association, then
testified.
Rep. Tremblay returned to the meeting at
this time.
A roll call vote was called on Rep.
Manuse’s motion. The vote was as
follows:
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Yes |
No |
Rep. Manuse |
X |
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Rep. McGuire |
X |
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Rep. Schmidt |
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X |
Rep. Kidder |
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X |
Rep. Sad |
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X |
Rep. Taylor |
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X |
Rep. Tremblay |
X |
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Rep. Pilotte |
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X |
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Sen. Groen |
X |
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Totals |
4 |
5 |
The vote was 4 “yes” and 5 “no”. The motion was not adopted.
Rep. Schmidt moved that the Committee
approve Final Proposal 2011-115 with the recommendation that the Department
seek legislative clarification, through the assistance of the House Executive
Departments and Administration Committee, of (1) the extent to which the words
“business entity” in the definition of “home healthcare provider” in RSA
151:2-b, I may include individuals in the Department’s licensing of home care
service providers, and (2) the statutory authority to provide different classes
of licenses for home care service providers.
Rep. Sad seconded.
A roll call vote was called. The vote was as follows:
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Yes |
No |
Rep. Manuse |
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X |
Rep. McGuire |
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X |
Rep. Schmidt |
X |
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Rep. Kidder |
X |
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Rep. Sad |
X |
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Rep. Taylor |
X |
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Rep. Tremblay |
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X |
Rep. Pilotte |
X |
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Sen. Groen |
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X |
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Totals |
5 |
4 |
The vote was 5 “yes” and 4 “no”. The motion was adopted.
12. The Committee discussed Final Proposal
2011-117 from the Department of Health and Human Services (Former Division of
Human Services, Physician Services).
The Department had submitted a request for
conditional approval in a letter and amended rules, including amended
Incorporation by Reference Statements, dated October 19, 2011.
Rep. Schmidt moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2011-117 based on the request.
Rep. Kidder seconded.
Adopted.
Rep. Pilotte noted for the record that
Rep. McGuire voted “no”.
13. Rep. Schmidt moved that the Committee recess
to the continued meeting on November 3, 2011.
Rep. McGuire seconded.
Adopted.
The Committee recessed at 12:50 p.m.,
thereby postponing consideration of the following item to the continued meeting
on November 3:
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10. FP 2011-111 |
DEPARTMENT OF REVENUE ADMINISTRATION Interest and Dividends Tax (JLCAR
Deadline November 21, 2011.) |
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