HB280: relative to the poison information center.

HB 280-FN - AS AMENDED BY THE SENATE

13mar03... 0496h

25mar03... 0900h

06/05/03 1816s

2003 SESSION

03-0340

01/09

HOUSE BILL 280-FN

AN ACT relative to the poison information center.

SPONSORS: Rep. MacKay, Merr 39; Rep. Seldin, Merr 39; Rep. Emerton, Hills 48; Rep. Currier, Merr 34; Rep. Nordgren, Graf 17; Sen. Martel, Dist 18; Sen. Below, Dist 5

COMMITTEE: Science, Technology and Energy

AMENDED ANALYSIS

This bill establishes a funding mechanism to continue the statewide program for poison information and treatment which meets certification standards developed by the American Association of Poison Control Centers. The commissioner of the department of health and human services shall determine the annual cost for the center, which cost shall be decreased by donations, fees, grants and other sources under this bill, $150,000 per year may be transferred from the enhanced 911 system fund to help defray the remainder of the cost for the center.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13mar03... 0496h

25mar03... 0900h

06/05/03 1816s

03-0340

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the poison information center.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Purpose. The purpose of this act is the continuation of a statewide program for poison information that meets certification standards developed by the American Association of Poison Control Centers. The general court recognizes that the poison information center is an important emergency medical telephone service which complements and enhances the purposes of other emergency public health and safety efforts in New Hampshire.

2 Health and Human Services; Poison Information and Control. RSA 126-A:49 is repealed and reenacted to read as follows:

126-A:49 Poison Information and Treatment.

I. The commissioner shall develop or designate a statewide poison information center which meets certification standards developed by the American Association of Poison Control Centers. The poison information center so established and designated by the commissioner shall provide New Hampshire residents with information and emergency medical consultation on a daily, 24-hour basis. Funding for this program may be included in the budget for the department of health and human services. The commissioner shall file an annual report with the health and human services oversight committee established pursuant to RSA 126-A:13 as to whether the designated poison information center provides services in such manner as to ensure continued accreditation by the American Association of Poison Control Centers and on the department's efforts to identify and accept additional funds. The commissioner shall attempt to obtain and shall accept in the name of the state any and all donations, grants, or fees, both real and personal, from any governmental unit or public agency, or third-party payors, or from any institution, person, firm, or corporation given specifically for the purpose of funding this program and the commissioner shall receive, utilize, and dispose of all such donations and grants consistent with the purpose or conditions of the donation or grant. The health and human services oversight committee shall, no later than July 1, 2007, review the accreditation standards of the American Association of Poison Control Centers to determine whether it is appropriate to continue to require the poison information center to meet such standards.

II. The commissioner shall determine the annual cost for the poison information center under paragraph I; such cost to be decreased by the amount of funding raised by grants, fees, donations and other sources enumerated under paragraph I. The remaining costs up to $150,000 per year shall be a charge against the enhanced 911 system fund, established in RSA 106-H:9, and shall be transferred by the state treasurer to the poison information center fund. The poison information center fund shall be continually appropriated to the department of health and human services and shall not lapse. The moneys in the fund shall not be used for any purpose other than the poison information center developed or designated pursuant to RSA 126-A:49.

3 New Subparagraph; State Treasurer; Poison Information Center Fund. Amend RSA 6:12, I by inserting after subparagraph (lllllllll) the following new subparagraph:

(mmmmmmmmm) Moneys received under RSA 126-A:49, II, which shall be credited to the poison information center fund established in RSA 126-A:49, II.

4 Health and Human Services; Poison Information and Control. Amend RSA 125:9, IX to read as follows:

IX. Develop or designate a statewide [program for] poison information [and treatment] center under RSA 126-A:49 by soliciting proposals and selecting a vendor.

5 State Treasurer; 911 Fund. Amend RSA 6:12, I(vv) to read as follows:

(vv) Moneys received under RSA 106-H which shall be credited to the enhanced 911 system fund and the poison information center fund established in RSA 126-A:49, II.

6 Fund to Include Poison Control Program. Amend RSA 106-H:9, I to read as follows:

I. The enhanced 911 system shall be funded through a surcharge to be levied upon each residence and business telephone exchange line, including PBX trunks and Centrex lines, each individual commercial mobile radio service number, and each semi-public and public coin and public access line. No such surcharge shall be imposed upon more than 25 business telephone exchange lines, including PBX trunks and Centrex lines, or more than 25 commercial mobile radio service exchange lines per customer billing account. In the case of local exchange telephone companies, the surcharge shall be contained within tariffs or rate schedules filed with the public utilities commission and shall be billed on a monthly basis by each local exchange telephone company. In the case of an entity which provides commercial mobile radio service the surcharge shall be billed to each customer on a monthly basis and shall not be subject to any state or local tax; the surcharge shall be collected by the commercial mobile radio service provider, and may be identified on the customer's bill. Each local exchange telephone company or entity which provides commercial mobile radio service shall remit the surcharge amounts on a monthly basis to the enhanced 911 services bureau[, which shall be forwarded to the state treasurer for deposit in the enhanced 911 system fund]. Of the amount collected, up to $150,000 per year shall be deposited in the poison information center fund, established under RSA 126-A:49, II. [Such] The enhanced 911 system fund shall be continually appropriated to the bureau and shall not lapse. The moneys in the account shall not be used for any purpose other than the development and operation of enhanced 911 services, in accordance with the terms of this chapter and for the poison information center developed or designated pursuant to RSA 126-A:49, II. Surcharge amounts shall be reviewed after the budget has been approved or modified, and if appropriate, new tariffs or rate schedules shall be filed with the public utilities commission reflecting the surcharge amount.

7 Initial Budget for Poison Information Center. For the purposes of initiating the budget for the poison information center, the commissioner of health and human services shall submit an initial budget to the legislative fiscal committee for final approval.

8 Effective Date. This act shall take effect upon its passage.

LBAO

03-0340

Amended 4/8/03

HB 280 FISCAL NOTE

AN ACT relative to the poison information center.

FISCAL IMPACT:

The Department of Health and Human Services stated this bill, as amended by the House (House Amendment #2003-0900h), will increase state restricted revenue and expenditures by $711,215 in FY 2004, $725,439 in FY 2005, $739,948 in FY 2006 and $754,747 in FY 2007. The Insurance Department indicated state restricted revenue and expenditures will increase by $773,000 in FY 2004, $797,000 in FY 2005, $821,000 in FY 2006, and $846,000 in FY 2007. The Department also indicated that state general fund revenue will increase by $15,000 and state, county and local expenditures will increase by an indeterminable amount in FY 2004 and each year thereafter. There will be no fiscal impact on county and local revenue.

METHODOLOGY:

The Department of Health and Human Services assumed the state will be responsible for 100% of the cost for the contracted statewide poison control center services. The Department's estimate is based on the average cost per call for all U.S. poison centers times the number of calls received by the New Hampshire Poison Information Center during calendar year 2002. This estimate for FY 2004 is $711,215, with a 2% growth rate assumed for future fiscal years. This bill sets up a dedicated fund to receive assessments from the Insurance Department to be used for the Poison Information Center. The Department stated it currently receives $7,500 annually in federal preventative health block grant funds for poison control, and assumes these funds would continue for this purpose. The Department can absorb costs required to administer and manage a contract to provide poison control center services.

The Insurance Department states that this bill will use a covered life assessment base of 550,000 lives to generate $773,000 to be used to fund the Poison Information Center Fund. The Department also indicates this increased assessment will generate both additional general fund insurance premium tax revenue of approximately $15,000 per year, and an additional indeterminable increase in state, county and local insurance premium expense. The assessment is expected to grow by an assumed rate of 3% per year.