HB587: relative to reimbursement for services provided in delinquency, children in need of services, and abuse and neglect proceedings.

HB 587-FN - AS INTRODUCED

2003 SESSION

03-0696

05/09

HOUSE BILL 587-FN

AN ACT relative to reimbursement for services provided in delinquency, children in need of services, and abuse and neglect proceedings.

SPONSORS: Rep. Vachon, Straf 68

COMMITTEE: Children and Family Law

ANALYSIS

This bill prohibits providers of services in conjunction with delinquency, children in need of services and abuse and neglect proceedings from charging per diem rates for days when services are not actually provided without the prior knowledge and consent of the parent or guardian liable for reimbursement.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0696

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to reimbursement for services provided in delinquency, children in need of services, and abuse and neglect proceedings.

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

1 New Paragraph; Delinquent Children; Liability of Expenses and Hearing on Liability; Limitation on Reimbursement. Amend RSA 169-B:40 by inserting after paragraph IX the following new paragraph:

X. Notwithstanding any other provision of law, no provider certified pursuant to RSA 170-G:4, XVIII shall charge the state, any county government, or any parent or other person chargeable by law for a minor's support for any cost or expense not actually incurred nor any service not actually provided, including but not limited to any per diem rate for days on which services are not actually provided to the child for whose services reimbursement is sought pursuant to this section. Any parent or other person chargeable by law for a minor's support from whom reimbursement is sought pursuant to this section shall have a right of action against the provider for up to 3 times the amount of any cost, expense, or service charged to them in violation of this paragraph. However, the prohibition and penalty in this paragraph shall not apply to any per diem charge applicable to services provided under a written contract executed by any parent or other person chargeable by law for a minor's support prior to the services being provided and in accordance with the informed consent requirements outlined in this paragraph. To qualify as informed consent, the written agreement shall, at a minimum, clearly and unequivocally state that the person against whom reimbursement is sought understands and agrees that per diem charges will apply for each and every day during a specified period of time and regardless of whether or not the child entitled to services actually receives services on any given day or days during the agreed upon service period.

2 New Paragraph; Child Protection Act; Liability of Expenses and Hearing on Liability; Limitation on Reimbursement. Amend RSA 169-C:27 by inserting after paragraph IX the following new paragraph:

X. Notwithstanding any other provision of law, no provider certified pursuant to RSA 170-G:4, XVIII shall charge the state, any county government, or any parent or other person chargeable by law for a minor's support for any cost or expense not actually incurred nor any service not actually provided, including but not limited to any per diem rate for days on which services are not actually provided to the child for whose services reimbursement is sought pursuant to this section. Any parent or other person chargeable by law for a minor's support from whom reimbursement is sought pursuant to this section shall have a right of action against the provider for up to 3 times the amount of any cost, expense, or service charged to them in violation of this paragraph. However, the prohibition and penalty in this paragraph shall not apply to any per diem charge applicable to services provided under a written contract executed by any parent or other person chargeable by law for a minor's support prior to the services being provided and in accordance with the informed consent requirements outlined in this paragraph. To qualify as informed consent, the written agreement shall, at a minimum, clearly and unequivocally state that the person against whom reimbursement is sought understands and agrees that per diem charges will apply for each and every day during a specified period of time and regardless of whether or not the child entitled to services actually receives services on any given day or days during the agreed upon service period.

3 New Paragraph; Children in Need of Services; Liability of Expenses and Hearing on Liability; Limitation on Reimbursement. Amend RSA 169-D:29 by inserting after paragraph IX the following new paragraph:

X. Notwithstanding any other provision of law, no provider certified pursuant to RSA 170-G:4, XVIII shall charge the state, any county government, or any parent or other person chargeable by law for a minor's support for any cost or expense not actually incurred nor any service not actually provided, including but not limited to any per diem rate for days on which services are not actually provided to the child for whose services reimbursement is sought pursuant to this section. Any parent or other person chargeable by law for a minor's support from whom reimbursement is sought pursuant to this section shall have a right of action against the provider for up to 3 times the amount of any cost, expense, or service charged to them in violation of this paragraph. However, the prohibition and penalty in this paragraph shall not apply to any per diem charge applicable to services provided under a written contract executed by any parent or other person chargeable by law for a minor's support prior to the services being provided and in accordance with the informed consent requirements outlined in this paragraph. To qualify as informed consent, the written agreement shall, at a minimum, clearly and unequivocally state that the person against whom reimbursement is sought understands and agrees that per diem charges will apply for each and every day during a specified period of time and regardless of whether or not the child entitled to services actually receives services on any given day or days during the agreed upon service period.

4 Effective Date. This act shall take effect January 1, 2004.

LBAO

03-0696

1/17/03

HB 587-FN - FISCAL NOTE

AN ACT relative to reimbursement for services provided in delinquency, children in need of services, and abuse and neglect proceedings.

FISCAL IMPACT:

The Department of Health and Human Services and the Judicial Branch indicated this bill will have an indeterminable impact on state, county and local expenditures and state and county revenue in FY 2004 and each year thereafter. There will be no fiscal impact on local revenue.

METHODOLOGY:

The Department of Health and Human Services stated that current administrative rules and policy permit payment for services not actually provided to children in specific circumstances. The Department provided the following examples of such circumstances:

· When children in out-of-home placement are returned to their home or foster home, the Department has determined that it is best practice to transition the child back home through gradually longer visits. To assure continuity of care, and to compensate the provider as they hold a space for the child, the Department will authorize payment to the provider while the child is away on visits.

· When a child runs away from a residential facility, the Department will authorize payment to a facility which will hold the child's bed for up to 10 days in case the child returns.

· Providers of certain non-residential services may bill for services when the provider has arranged for the services, but the recipient does not show up or notify the provider.

The Department indicated this bill may result in a reduction in expenditures for some of these services, but can not determine the amount since information needed to identify these payments is not available. The Department expects that the potential savings may be offset by increases in provider rates or by costs to obtain alternative placements.

The Judicial Branch stated the provision in this bill which allows the parent or other chargeable person to sue for three times the amount charged in violation of the statute, may increase the state expenditures of the Judicial Branch by an indeterminable amount. The Judicial Branch cannot estimate this amount since the courts have not had much involvement in disputes between families and service providers.