SB405: relative to repealing certain rulemaking authority regarding long-term care.

SB 405-FN - AS INTRODUCED

2024 SESSION

24-2982

05/10

SENATE BILL 405-FN

AN ACT relative to repealing certain rulemaking authority regarding long-term care.

SPONSORS: Sen. Lang, Dist 2; Sen. Pearl, Dist 17; Sen. Murphy, Dist 16; Rep. C. McGuire, Merr. 27; Rep. Moffett, Merr. 4; Rep. Osborne, Rock. 2; Rep. Cushman, Hills. 28; Rep. Edwards, Rock. 31

COMMITTEE: Health and Human Services

ANALYSIS

This bill repeals rulemaking authority of the commissioner of health and human services under RSA 151-E, relative to long-term 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2982

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to repealing certain rulemaking authority regarding long-term care.

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

1 Repeal. RSA 151-E:12, relative to the adoption of rules by the commissioner of health and human services regarding long-term care, is repealed.

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

LBA

24-2982

Revised 1/16/24

SB 405-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to repealing certain rulemaking authority regarding long-term care.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below

• Does this bill authorize new positions to implement this bill? [X] N/A

METHODOLOGY:

By repealing RSA 151-E:12, this bill removes the authority of the Department of Health and Human Services to adopt administrative rules relative to long-term care. The Department notes that it has adopted two series of rules under its existing statutory authority: He-E 801, relative to the Choices for Independence Program, and He-E 805, relative to targeted case management services. The Department states that the bill would effectively repeal the entirety of He-E 805, as well as most of He-E 801, with a portion of the latter remaining due to the Department's authority under RSA 167:3-c to issue rules relative to eligibility for assistance.

The Department contends that without relevant regulations in place, it would be unlikely to receive approval of its Choices for Independence (CFI) waiver from the federal Centers for Medicare and Medicaid Services (CMS). The Department notes that, in order to assure CMS of its ability to oversee service providers, the existing CFI waiver references He-E 801 and He-E 805 in multiple instances. The Department states that, in the event CMS revokes or declines to approve the CFI waiver, the State would lose federal funding of approximately $46.3 million in FY25 and $50 million in FY26. Lost federal funding in future years is indeterminable, but the Department estimates $55-60 million in FY27 and $60-65 million in FY28. Should the State lose access to this funding source, it would need state general funds in order to maintain the same level of service provision.

AGENCIES CONTACTED:

Department of Health and Human Services