HB619: relative to medical services for prisoners.

HB 619-FN-LOCAL - AS AMENDED BY THE HOUSE

3Jan2018... 2428h

2017 SESSION

17-0168

04/01

HOUSE BILL 619-FN-LOCAL

AN ACT relative to medical services for prisoners.

SPONSORS: Rep. Snow, Hills. 42; Rep. J. MacKay, Merr. 14; Rep. Freitas, Hills. 14; Rep. Fothergill, Coos 1; Rep. Kenison, Merr. 15; Sen. D'Allesandro, Dist 20; Sen. Carson, Dist 14

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill provides that a state or county prisoner who has Medicaid coverage and receives inpatient medical care shall authorize Medicaid payment for such care.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3Jan2018... 2428h 17-0168

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to medical services for prisoners.

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

1 Medical Services for County Prisoners. Amend RSA 623-C:1, I(i) to read as follows:

(i) A county prisoner who has Medicaid coverage and receives inpatient medical care at a health care facility licensed pursuant to RSA 151 or from an independent health care provider licensed in this state for a period of 24 hours or more, shall first authorize a claim for payment of medical care from Medicaid. If a county prisoner's medical care is covered by Medicaid, the health care facility [licensed pursuant to RSA 151], or the licensed health care provider, or both, shall be paid at the Medicaid rate for services provided.

2 Medical Services for State Prisoners. Amend RSA 623-C:2, I(h) to read as follows:

(h) A state prisoner who has Medicaid coverage and receives inpatient medical care at a health care facility licensed pursuant to RSA 151 or from an independent health care provider licensed in this state for a period of 24 hours or more, shall first authorize a claim for payment of medical care from Medicaid. If a state prisoner's medical care is covered by Medicaid, the facility or the licensed health care provider, or both, shall be paid at the Medicaid rate for services provided.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

17-0168

Amended 1/16/18

HB 619-FN-LOCAL- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2017-2428h)

AN ACT relative to medical services for prisoners.

FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

METHODOLOGY:

This bill provides that a state or county prisoner who has Medicaid coverage and who receives inpatient medical care for 24 hours or more, shall first authorize a claim for payment of medical care from Medicaid.

The Department of Corrections indicates it currently authorizes claims for payment from Medicaid as allowed under State and Federal Medicaid laws. The Department does not anticipate any impact on its revenues or expenditures.

The Department of Health and Human Services (DHHS) assumes the following regarding the fiscal impact of the bill:

The county or state prisoner would have been determined to be eligible and enrolled in Medicaid and the Medicaid eligibility has been suspended during the period of the prisoner’s incarceration.

The prisoner’s eligibility, as determined under federal law, would be reactivated under the circumstances identified in the bill.

The bill creates a statutory obligation for the prisoner to authorize a claim for payment for medical care from Medicaid.

There would be agreements between DHHS and the Department of Corrections and the various counties concerning cost sharing for the cost of overnight impatient medical care provided to inmates enrolled in Medicaid.

Any claims denied by Medicaid would be paid with 100% state or county funds. If approved by Medicaid for payment, 50% of the cost would be paid with federal Medicaid funds.

The Department indicates it is not possible to determine the fiscal impact of this bill. Under current law, which would not change, an indeterminable number of inmates who would likely be eligible for Medicaid will refuse to apply for Medicaid. The Department also assumes under the proposed bill an indeterminable number of inmates eligible for Medicaid would refuse to apply.

The New Hampshire Association of Counties indicates this bill would result in cost savings to the counties for prisoners’ medical costs. The Sullivan County Department of Corrections identified $6,080 in FY2017 and $79,735 in FY 2018 that it believes would have been saved under this bill.

AGENCIES CONTACTED:

Departments of Corrections and Health and Human Services and New Hampshire Association of Counties