HB1707: expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

HB 1707-FN - AS AMENDED BY THE HOUSE

19Feb2020... 0447h

2020 SESSION

20-3107

05/06

HOUSE BILL 1707-FN

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

SPONSORS: Rep. Martin, Hills. 23; Rep. Wallner, Merr. 10; Rep. Shurtleff, Merr. 11; Rep. Ebel, Merr. 5; Rep. Berrien, Rock. 18; Rep. Mulligan, Graf. 12

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill directs the department of health and human services to administer a family-centered early supports and services program for children with developmental delays, including children under 3 with prenatal substance exposure.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2020... 0447h

20-3107

05/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

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

1 New Section; Services for the Developmentally Disabled; Family-Centered Early Supports and Services Program. Amend RSA 171-A by inserting after section 18 the following new section:

171-A:18-a Family-Centered Early Supports and Services Program. The department shall administer a family-centered early supports and services (FCESS) program designed for children birth up to age 3 who have a diagnosed, established condition that has a high probability of resulting in delay, are experiencing developmental delays, or are at risk for substantial developmental delays if supports and services are not provided. All children under the age of 3 who are born substance-exposed shall be considered at risk for substantial developmental delays and shall be referred to FCESS. In this section, a "substance-exposed newborn" means a newborn who was exposed to alcohol, or other drugs in utero, which may have adverse effects, whether or not this exposure is detected at birth through a drug screen or withdrawal symptoms. The department shall adopt rules under RSA 541-A relative to the FCESS program, including application procedures, program administration, and eligibility criteria consistent with this section.

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

LBAO

20-3107

Amended 3/27/20

HB 1707-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0447h)

AN ACT expanding the family-centered early supports and services (FCESS) program to children under the age of 3 who are born substance-exposed.

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

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

[ X ] General [ ] Education [ ] Highway [ X ] Other - Federal funds

METHODOLOGY:

This bill establishes in statute a family-centered early supports and services (FCESS) program to provide services for children from birth to age three who: (1) have an established condition that has a high probability of resulting in developmental delays, (2) are experiencing developmental delays, or (3) are at risk for substantial developmental delays if supports are not provided. In addition, the bill states that all children under the age of three born substance exposed shall be considered at risk for substantial developmental delays and shall be referred to FCESS. The Department of Health and Human Services states that such a program is already established in the He-M 510 series administrative rules, but that the rules do not currently require a determination that all children born substance exposed be considered at risk for substantial developmental delays. Instead, with respect to children with substance use or withdrawal symptoms, He-M 510.02(1)(10) currently allows for services to children experiencing "developmental delay secondary to severe toxic exposure," which the Department has interpreted to include prenatal drug exposure or fetal alcohol syndrome. The Department states that by removing its discretion to make such a determination, the bill may result in additional cases brought to FCESS, which may in turn increase state expenditures by an indeterminable amount. A portion of any additional cost would be covered by a federal grant through part C of the Individuals with Disabilities Education Act, while a portion would be covered by state and federal Medicaid funds.

AGENCIES CONTACTED:

Department of Health and Human Services