1/16/90-4461s
27march90.....5431h
04/19/90.....5869s
23april90.....6003B
1990 SESSION 4028B
90-2235
01
SENATE BILL NO. 340-FN-A
INTRODUCED BY: Sen. Nelson of Dist. 13; Sen. Dupont of Dist. 6; Sen. Freese
of Dist. 4; Sen. Hough of Dist. 5; Sen. Charbonneau of Dist.
14; Rep. Baldizar of Hillsborough Dist. 22
REFERRED TO: Public Institutions, Health and Human Services
AN ACT establishing a medicaid reimbursement program for handicapped children and making an appropriation therefor.
AMENDED ANALYSIS
This bill establishes a voluntary medicaid reimbursement program for medically-related services provided to handicapped children by local school districts and school administrative units.
The director of the division of mental health and developmental services is granted rulemaking authority to accomplish the purposes of this bill.
There is an appropriation from federal funds for the purposes of the bill.
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EXPLANATION: Matter added appears in bold italics.
Matter removed appears in [brackets].
Matter which is repealed and reenacted or all new appears in regular type.
4028B
90-2235
01
SB 340-FN-A
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand
nine hundred and ninety
AN ACT
establishing a medicaid reimbursement program for handicapped
children and making an appropriation therefor.
Be it Enacted by the Senate and House of Represen-
tatives in General Court convened:
1 New Subdivision; Medicaid Reimbursement Program. Amend RSA 186-C by inserting after section 22 the following new subdivision:
Medicaid Reimbursement Program
186-C:23 Program Established; Purpose. There is established within the division of mental health and developmental services, department of health and human services, a medicaid reimbursement program for medical assistance for covered services furnished to handicapped children. The purpose of the program is to seek medicaid reimbursement for services provided by local school districts and/or school administrative units to handicapped children which are reimbursable under federal law but which are currently fully funded by such districts or administrative units. The program shall be voluntary and is designed to assist handicapped children by maintaining them in their own homes and communities. This subdivision is intended to provide medicaid funding for services which, in the absence of such funding, nevertheless qualify as special education or related services under this chapter. It is not the intention of this subdivision to increase school district responsibility or liability beyond what is
required by other sections of this chapter.
186-C:24 Eligible Services.
I. Services under this subdivision may be provided to handicapped children. Eligible services may include, but shall not be limited to, the following:
(a) Screening, evaluative and diagnostic services.
(b) Speech pathology and audiology.
(c) Occupational and physical therapy.
(d) Any other service which qualifies as a special education or educationally-related service under RSA 186-C and which also qualifies for reimbursement under medicaid as a covered service.
II. Services provided under this subdivision shall:
(a) Offer the least restrictive setting for children receiving the services.
(b) Be provided to children in conformity with any medical criteria necessary for medicaid reimbursement.
(c) Be in addition to any special education program as defined in the New Hampshire Standards for the Education of Handicapped Students.
186-C:25 Rulemaking.
I. The director, division of mental health and developmental services, after consultation with the commissioner of education and the director of the division for children and youth services, shall adopt rules, pursuant to RSA 541-A, relative to:
(a) State plans and reimbursement mechanisms necessary for local school districts and/or school administrative units to receive appropriate medicaid reimbursement for eligible services provided under this subdivision.
(b) Monitoring mechanisms to ensure that services provided under this subdivision meet the requirements of RSA 186-C:24, II. Monitoring responsibilities shall be consistent with the jurisdiction of the different departments.
(c) A financial mechanism by which the federal mandatory matching requirement is met through collection, or other means, of 50 percent of the cost of allowable services from local school districts and/or school administrative units.
II. The director, division of mental health and developmental services, after consultation with the commissioner of education, shall adopt rules, pursuant to RSA 541-A, relative to further defining services eligible for medicaid reimbursement under this subdivision.
186-C:26 Enrolled Providers; Administration and Billing. New Hampshire local school districts and/or school administrative units shall be the enrolled medicaid providers for the purpose of administration and billing.
2 Appropriation. The sum of $2,727,200 for the biennium ending June 30, 1991, is hereby appropriated from federal funds to the division of mental health and developmental services, department of health and human services, for the purpose of this act. This appropriation is in addition to any other funds appropriated to the division. The governor is authorized to draw his warrant for said sum out of the appropriate funds.
3 Contingency.
I. If HB 1200-FN, "An Act to change the name of the governor's commission for the handicapped," becomes law, all references to "handicapped" in RSA 186-C:23-26 as inserted by section 1 of this act shall be replaced with "disabled".
II. If HB 139-FN-A, "An act relative to creditable service for teachers who job share, to mediation of special education disputes, to individualized education plans and making an appropriation therefor, establishing a study committee and making certain supplemental appropriations," becomes law, RSA sections 186-C:23-26 shall be renumbered as RSA sections 25-28 and the internal references to RSA sections 186-C:23-26 shall be changed to reflect such renumbering.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
LSR 90-2235 **
Amended 1/16/90
FISCAL NOTE for an act establishing a Medicaid reimbursement program for educationally handicapped children and making an appropriation therefor.
FISCAL IMPACT:
The Division of Mental Health and Developmental Services indicates this bill will increase local revenues by $2,727,200 in FY 1991, by $2,863,560 in FY 1992, by $3,006,738 in FY 1993 and by $3,157,075 in FY 1994. There will be no impact on local expenditures, or on state and county revenues or expenditures.
This bill appropriates from federal funds $2,727,200 to the Division for the biennium ending June 30, 1991, for the purposes of this act.
METHODOLOGY:
The Division indicates that about 900 of the state's 18,000 Medicaid eligible children need special education services. The Department analyzed services being provided to determine those which seem to qualify for reimbursement under Medicaid. It found services presently costing local districts $5,454,400 might qualify. At a federal financial participation rate of 50%, local school districts could receive revenue of $2,727,200. The Division assumes a 5% increase for each subsequent year.