JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

Action Minutes

 

OCTOBER 20, 2011

 

 

Members Present:   Representatives Pilotte, Schmidt, McGuire, Manuse, Kidder*, Taylor*, Sad*, and Tremblay*, and Senator Groen.  (*)  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 9:02 a.m. by Rep. Pilotte as Acting Chair.

 

      Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Kidder, Taylor, Sad, and Tremblay, and Sen. Groen.

 

2.   The Committee discussed the minutes of the Committee meeting on October 6, 2011.

 

      Rep. Pilotte designated Reps. Kidder, Sad, Taylor, and Tremblay as alternates, respectively, for Rep. Patten, Sen. Merrill, Sen. Kelly, and Sen. Lambert, who were absent.

 

      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):

 

 

 

FP 2011-110

DEPARTMENT OF SAFETY
Incident Command System Rules

 

 

FP 2011-112

DEPARTMENT OF REVENUE ADMINISTRATION
Medicaid Enhancement Tax (MET) Rules

 

 

INT 2011-27

HEALTH SERVICES PLANNING AND REVIEW BOARD
Physical Rehabilitation Facilities

 

 

INT 2011-28

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Public Health 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:

 

 

8.   BOARD OF LICENSING FOR INTERPRETERS FOR THE DEAF AND HARD OF HEARING

 

 

(a)  FP 2011-89

Organization and Practice and Procedure Rules for the Deaf and Hard of Hearing Interpreters

(JLCAR Deadline November 7, 2011.)

 

 

(b)  FP 2011-90

Licensing Rules for the Deaf and Hard of Hearing Interpreters

(JLCAR Deadline November 7, 2011.)

 

 

13. DEPARTMENT OF SAFETY

 

 

(a)  FP 2011-98

Road Toll Administration Rules

(JLCAR Deadline November 14, 2011.)

 

 

(b)  FP 2011-99

Oil Pollution Control Fund Rules

(JLCAR Deadline November 14, 2011.)

 

 

(c)  FP 2011-100

Oil Discharge and Disposal Fund Rules

(JLCAR Deadline November 14, 2011.)

 

 

(d)  FP 2011-101

Fuel Oil Discharge Cleanup Fund (FOD) Rules

(JLCAR Deadline November 14, 2011.)

 

 

(e)  FP 2011-102

Automotive Oil Fee Fund and Motor Oil Discharge Cleanup Fund Rules

(JLCAR Deadline November 14, 2011.)

 

 

(f)  OR 2011-93*

State Fire Code Rules

(JLCAR Deadline January 10, 2012.)

*Response not yet filed.

 

 

14. OR 2011-71*

ASSESSING STANDARDS BOARD
Certification of Assessors

(JLCAR Deadline January 10, 2012.)

*Response not yet filed.

 

 

15. Discussion on amended draft of the Drafting and Procedure Manual for Administrative Rules.

 

 

OTHER BUSINESS

16. Other

 

 

      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, Taylor, and Sad present, the Committee discussed Proposed Interim Rule INT 2011-29 from the N.H. Lottery Commission (Rules for the Employee Recognition Program).  Charles McIntyre and George Roy testified for the Commission.

 

      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:

 

 

Yes

No

Rep. Manuse

X

 

Rep. McGuire

X

 

Rep. Schmidt

 

X

Rep. Kidder

 

X

Rep. Sad

 

X

Rep. Taylor

 

X

Rep. Tremblay

X

 

Rep. Pilotte

 

X

 

 

 

Sen. Groen

X

 

 

 

 

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:

 

 

Yes

No

Rep. Manuse

 

X

Rep. McGuire

 

X

Rep. Schmidt

X

 

Rep. Kidder

X

 

Rep. Sad

X

 

Rep. Taylor

X

 

Rep. Tremblay

 

X

Rep. Pilotte

X

 

 

 

 

Sen. Groen

 

X

 

 

 

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:

 

 

 

10. FP 2011-111

DEPARTMENT OF REVENUE ADMINISTRATION

Interest and Dividends Tax

(JLCAR Deadline November 21, 2011.)