Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

SEPTEMBER 21, 2006

 

 

Members Present:   Representatives Patten, Carson*, Pilotte*, and MacKay*, and Senators Flanders, Letourneau, and Clark.  (*) 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 9:00 a.m. by Rep. Patten as Vice-Chair.

 

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

 

     Rep. Patten appointed Reps. Pilotte, Carson, and MacKay as alternates, respectively, for Reps. Wall, Allan, and Millham, who were absent.

 

2.  The Committee discussed the minutes of the continued Committee meeting on August 31, 2006.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Rep. Caron seconded.

 

     Adopted.

 

3.  The Committee discussed the following Final Proposals and Proposed Interim Rule (Consent Agenda – Final Proposals and Proposed Interim Rules):

 

FP 2006-85

DEPARTMENT OF ADMINISTRATIVE SERVICES

Organizational Rules Revisions

 

 

FP 2006-91

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Food Stamp Rules

 

 

INT 2006-36

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Adult Protection Program

 

     Rep. Carson moved that the Committee approve the Final Proposals and Proposed Interim Rule.

 

     Sen. Flanders seconded.

 

     Adopted.

 

4.  The Committee discussed whether to postpone items to another Committee meeting.

 

     Rep. Patten indicated that Proposed Interim Rule INT 2006-37 from the Department of Health and Human Services (Former Division of Human Services, The Deficit Reduction Act of 2005 and Temporary Assistance to Needy Families (TANF) Program Changes) would be postponed to the continued Committee meeting on October 5, 2006.

 

5.  The Committee discussed Proposed Interim Rule INT 2006-34 from the Health Services Planning and Review Board (Acute Care Facilities).  Cynthia Carrier testified for the agency.

 

     Rep. Carson moved that the Committee approve Proposed Interim Rule INT 2006-34.

 

     Rep. MacKay seconded.

 

     Adopted.

 

6.  The Committee discussed Proposed Interim Rule INT 2006-35 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Establishment and Operation of Area Agencies).  Maralyn Doyle testified for the agency.

 

     Sen. Flanders moved that the Committee approve Proposed Interim Rule INT 2006-35.

 

     Rep. Carson seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2006-89 from the Department of Health and Human Services (Former Division of Human Services, General Medical Transportation).  Michael Holt and Jane Hybsch testified for the agency.

 

     Sen. Clark arrived during the discussion of this item.

 

     The Department had requested a conditional approval in a letter and attached rule dated September 18, 2006.

 

     Rep. Carson moved that the Committee conditionally approve Final Proposal 2006-89 as requested.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2006-90 from the Department of Health and Human Services (Former Division of Human Services, Treatment of Specific Types of Income).  Lisabritt Solsky testified for the agency.

 

     Rep. MacKay moved that the Committee approve Final Proposal 2006-90.

 

     Sen. Flanders seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2006-92 from the Department of Health and Human Services (Former Division of Public Health Services, Assisted Living Residence - Supported Residential Health Care).  Michele Beasley, John Martin, and Theresa Jarvis testified for the agency.

 

      Artemis Paras had submitted written testimony but was not present.

 

     The following persons also testified:

 

           Robert Dunn, of Devine, Millimet and Branch, representing Fortis Healthcare.

           Cynthia Gaudreault, representing Rose Haven Assisted Living of Merrimack, N.H.

           Allan Moses, representing the Association of Residential Care Homes.

           Karen Crowe, representing the Scott-Farrar Home of Peterborough, N.H.

           Claudia Messier, representing Taylor Community of Laconia, N.H.

           Alex Amann, representing the Inn at Parker Station of Goffstown, N.H.

 

     After a break, with Reps. Patten, Carson, Pilotte, and MacKay, and Sens. Flanders, Letourneau, and Clark present, Sen. Flanders moved that the Committee make a preliminary objection to Final Proposal 2006-92 based on public testimony, staff annotations to the Final Proposal, and the Committee’s concern in the record that requirements to disclose information on current investigations should be removed from He-P 805.04(a)(12) and other provisions in He-P 805, in favor of information on convictions.

 

     Sen. Clark seconded.

 

     Adopted.

 

10.  The Committee discussed the response of the Division of Personnel in the Department of Administrative Services to the Committee’s preliminary objection to Final Proposal 2006-73 (Division of Personnel Rules Chapters Per 300 through Per 1500).  Thomas Kehr testified for the agency.

 

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

 

     Rep. Carson seconded.

 

     Adopted.

 

11.  The Committee discussed postponement of other items.

 

     Sen. Flanders moved that the Committee postpone action on the following items to the regular Committee meeting on October 19, 2006:

 

9.      DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2006-88

Drinking Water Programs

Groundwater Reclassification Rules

(JLCAR Deadline October 23, 2006.)

 

(b)  FP 2006-94

Cross-Program Rules

Administrative Fine Procedures

(JLCAR Deadline October 23, 2006.)

 

     Sen. Letourneau seconded.

 

     Adopted.

 

     Rep. MacKay moved that the Committee postpone action on the following items, and any other responses to preliminary objections that are received, to the continued Committee meeting on October 5, 2006:

 

11.    INT 2006-37

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

The Deficit Reduction Act of 2005 and Temporary Assistance to Needy Families (TANF) Program Changes

(JLCAR Deadline December 7, 2006. HB 1331 effective October 1, 2006.)

 

12.    Remaining Responses to Preliminary Objections made in March 24, 2006 Meeting But Not Yet Received by Committee Staff.

 

         (a)  OR 2005-213

POSTSECONDARY EDUCATION COMMISSION

Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning

(No JLCAR deadline since agency objection response deadline has been waived.)

 

     Sen. Clark seconded.

 

     Adopted.

 

13.  Sen. Flanders moved that the Committee recess to the continued meeting on October 5, 2006.

 

     Rep. Carson seconded.

 

     Adopted.