HB465: relative to the rulemaking authority of the department of health and human services and relative to licensing rules for health facilities.

CHAPTER 5

HB 465 - FINAL VERSION

07Jan2004... 2378h

2004 SESSION

03-0738

01/09

HOUSE BILL 465

AN ACT relative to the rulemaking authority of the department of health and human services and relative to licensing rules for health facilities.

SPONSORS: Rep. Patten, Carr 7; Rep. Emerton, Hills 48; Rep. Dalrymple, Rock 76; Rep. Kathleen Taylor, Straf 70; Sen. Flanders, Dist 7; Sen. Below, Dist 5; Sen. Kenney, Dist 3

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill clarifies the rulemaking authority of the department of health and human services for health care facilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004... 2378h

03-0738

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the rulemaking authority of the department of health and human services and relative to licensing rules for health facilities.

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

5:1 Health Care Facilities; Rulemaking. Amend the introductory paragraph of RSA 151:9, I to read as follows:

I. The commissioner of the department of health and human services shall adopt [rules, pursuant to RSA 541-A] a separate set of rules under RSA 541-A, for each classification of health facility based on the care setting and also taking into consideration acuity levels and facility size for those facilities with overnight beds, relative to:

5:2 New Paragraph; Rulemaking; Analysis Required. Amend RSA 151:9 by inserting after paragraph VIII the following new paragraph:

IX.(a) When adopting, readopting, or amending rules relative to health facilities, the commissioner of health and human services shall address the following criteria and shall ensure that all criteria are met:

(1) The number of rules and regulations shall be kept at the minimum level necessary to adequately protect the health and safety of consumers.

(2) Rules shall be appropriate to the setting in which services are delivered and the size of the provider delivering services.

(3) Rules shall strike an appropriate balance between the protection afforded and the cost to implement, considering the cost to both the state and the provider.

(b) Any rule that fails to meet the criteria established in subparagraphs (a)(1)-(3) shall be considered to exceed the statutory authority of the agency, be contrary to legislative intent, and be contrary to public interest, and shall be null and void.

5:3 Home Health Care Providers; Rulemaking. Amend the introductory paragraph of RSA 151:9-a to read as follows:

151:9-a Rules for Home Health Care Providers. The commissioner of the department of health and human services shall adopt rules[, pursuant to RSA 541-A] under RSA 541-A, relative to the licensing of home health care providers that are separate from rules relative to other health facilities. Such rules shall be subject to the requirements of RSA 151:9, II-V and RSA 151:9, IX and shall include the following:

5:4 Effective Date. This act shall take effect 60 days after its passage.

(Approved: March 19, 2004)

(Effective Date: May 18, 2004)