Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

JUNE 30, 2006

 

 

Members Present:   Representatives Patten, Taylor, Allan, Wall, Milham, Carson*, Pilotte*, and Dokmo*, and Senators Flanders, Clegg, Letourneau, and Clark.  (*) Indicates alternate member.

 

(**)  Indicates where Part 1, Article 28-a was an issue in the Committee’s discussions or decisions in this meeting. (See Item #6.  However, action on that item was postponed.)

 

1.  The meeting was convened at 8:56 a.m. by Rep. Patten as Vice Chair.

 

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

 

     Rep. Patten appointed Rep. Pilotte and Rep. Carson as alternates, respectively, for Rep. Wall and Rep. Taylor, who were absent.

 

2.  The Committee discussed the minutes of the regular meeting on June 16, 2006.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Carson seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone any items to another meeting.

 

     No action to postpone was taken .

 

4.  The Committee discussed Final Proposal 2006-18 from the Pharmacy Board (Collaborative Practice for Emergency Contraception).  Paul Boisseau testified for the Board.

 

     Rep. Wall, Senator Clegg, and Rep. Taylor arrived at the meeting during the discussion of this item.  Since Reps. Wall and Taylor were now present, Rep. Patten appointed Rep. Pilotte and Rep. Carson as alternates, respectively, for Sen. Clark and Sen. Estabrook, who were absent.

 

     Sen. Clark arrived subsequently, during the discussion of this item.  Therefore, at this point, Rep. Pilotte was no longer voting.

 

     Rep. Dokmo also arrived during the discussion, but she was not yet appointed as an alternate since there were no members absent.

 

     Janet Monahan and Dr. Gary Sobelson, representing the N.H. Medical Society, also testified.  Janet Monahan had submitted by e-mail on June 13, 2006 some requested amendments to Ph 1001.02(a), 1001.03 (b)(3), and 1001.03 (c)(5).

 

     Sen. Clegg moved that the Committee conditionally approve Final Proposal 2006-18 on the condition that the Board amend Ph 1001.02 (a), 1001.03 (b)(3), and 1001.03 (c)(5) as suggested in the e-mail by the N.H. Medical Society, as read by Rep. Patten into the record.

 

     Sen. Clark seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2006-37 from the Department of Employment Security (New Hire).  Lon Siel testified for the agency.

 

     Rep. Taylor moved that the Committee approve Final Proposal 2006-37, with the recommendation that the Department of Employment Security and the Department of Health and Human Services work together to formulate a statutory change to address Committee concerns.

 

     Sen. Clegg seconded.

 

     Adopted.

 

**6. The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2006-24 (Commissioner, Certification of Payment Standards for Residential Facilities).  Peter Carter and Byry Kennedy testified for the agency.

 

        Rep. Wall and Rep. Allan left during the discussion of this item.  Rep. Patten therefore appointed Rep. Pilotte as an alternate for Rep. Wall.

 

        The following persons from the public also testified:

 

            Kathleen A. McDermott, representing the Chase Home for Children in Portmsouth, N.H., and N.H. Partners in Service.

            Brian Cross, representing Easter Seals.

            Karen Gincott, representing NFI North.

            Michael Adamkowski, representing Ekerd Youth Alternatives in Stewartstown, N.H.

            Cynthia Herman, representing Child and Family Services.

 

        Written testimony was also received from David Villiotti, representing Nashua Children’s Home, in a letter dated June 28 2006 to the Department, and from Don Bazzell, representing Becket Family of Services, in an e-mail to the Department dated June 28, 2006 and forwarded to Committee Attorney Michael Morrell.

 

        Don Bazzell also testified briefly.

 

        Rep. Patten appointed Rep. Dokmo as an alternate for Rep. Allan, who was absent.

 

        Sen. Clegg moved that the Committee accept the response and approve the rules.

 

        Sen. Flanders seconded.

 

        On a show of hands, the vote was 5 “yes” and 5 “no”.  The motion was not adopted.

 

        Sen. Clark then moved that the Committee make a final objection to Final Proposal 2006-24 on the grounds, based on public testimony, that He-C 6350.27(b) on rates was beyond the agency’s authority, considering RSA 170-G:4, XVII and XVIII and RSA 169-D:29.

 

        Rep. Taylor seconded.

 

        A roll call vote was called.  The vote was as follows:

 

 

Yes

No

 

 

 

Rep. Patten

 

X

Rep. Taylor

X

 

Rep. Millham

X

 

Rep. Carson

 

X

Rep. Pilotte

X

 

Rep. Dokmo

X

 

 

 

 

Sen. Flanders

 

X

Sen. Clegg

 

X

Sen. Letourneau

 

X

Sen. Clark

X

 

 

 

 

         TOTAL

5

5

 

 

 

 

     The vote was 5 “yes” and 5 “no”.  The motion was not adopted.

 

     Since no final action was taken, it was the consensus of the Committee that this item would be on the agenda for the regular Committee meeting on July 20, 2006, and that there would not be a continued meeting on July 6, 2006.

 

7.  Rep. Taylor moved that the Committee adjourn.

 

     Sen. Letourneau seconded.

 

     Adopted.  The Committee adjourned at 11:50 a.m.