CHAPTER 117

HB 602-FN-A – FINAL VERSION

4Jan2012… 2645h

7Mar2012… 0831h

17May2012… 2151EBA

2012 SESSION

11-0852

01/09

HOUSE BILL 602-FN-A

AN ACT relative to funding the law requiring reporting of health care acquired infections.

SPONSORS: Rep. C. McMahon, Rock 4

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill establishes a fee for hospitals and ambulatory surgical centers required to report health care associated infections. This bill also establishes a fund to be used for purposes of administration of the health care associated infections law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4Jan2012… 2645h

7Mar2012… 0831h

17May2012… 2151EBA

11-0852

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to funding the law requiring reporting of health care acquired infections.

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

117:1 Subdivision Heading; Hospital Infections. Amend the subdivision heading preceding RSA 151:32 to read as follows:

Reporting of [Hospital and Ambulatory Surgical Facility] Health Care Associated Infections

117:2 Statewide Database Required. Amend RSA 151:34, II(a) to read as follows:

II.(a) Subject to subparagraph (c), on or before [June] August 1 of each year, provided that the data collection and analytical methodologies meet accepted standards for validity and reliability, the commissioner shall report on the department's web site infection rates both exclusive and inclusive of adjustments for potential differences in risk factors for each reporting hospital and ambulatory surgical facility, an analysis of trends in the prevention and control of infection rates in hospitals and ambulatory surgical facilities across the state, regional and, if available, national comparisons for the purpose of comparing individual hospital and ambulatory surgical facility performance, and a narrative describing lessons for safety and quality improvement that can be learned from leadership hospitals and programs.

117:3 Payment by Hospitals and Ambulatory Surgical Centers. RSA 151:36 is repealed and reenacted to read as follows:

151:36 Payment by Hospitals and Ambulatory Surgical Centers.

I. The department shall assess a fee to hospitals and ambulatory surgical centers that are required to report under RSA 151:33 to support the program’s approved operating budget.

(a) The hospitals’ portion shall be proportional to the number of measures reported by all hospitals in the state.

(b) The ambulatory surgical centers’ portion shall be proportional to the total number of measures reported by ambulatory surgical centers in the state.

II. There shall be proportional fee categories based on the hospital’s number of beds, which shall total the amount of payment required by the hospitals. Of that base amount as stated in subparagraph I(a), each individual hospital shall pay a fee based on the appropriate category for that hospital.

III. There shall be proportional fee categories based on the range of procedures performed annually at an ambulatory surgical center, which shall equal the total amount of payment that is required by all ambulatory surgical centers. Of that base amount as stated in subparagraph I(b), each ambulatory surgical facility required to report shall pay a fee based on the appropriate category for that ambulatory surgical center.

IV. The department shall adopt rules, pursuant to RSA 541-A, relative to proportional rates, fee categories, and a payment schedule.

V. There is hereby established the health care associated infections fund. The fund shall be composed of fees collected in accordance with RSA 151:36, I-III and shall be used to carry out the provisions of this subdivision. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of this subdivision.

VI. The commissioner shall apply for all federal funding available to supplement the health care associated infections program. In the event federal funding is unavailable to cover the program costs either in part or in its entirety, the hospitals and ambulatory surgical centers shall be responsible for paying their proportion of the fees under this chapter to support the program’s operating budget.

117:4 New Subparagraph; Hospital and Ambulatory Surgical Facility Fee. Amend RSA 6:12, I(b) by inserting after subparagraph (307) the following new subparagraph:

(308) Moneys deposited in the health care associated infections fund under RSA 151:36, V.

117:5 New Paragraph; Report Required. Amend RSA 151:34 by inserting after paragraph III the following new paragraph:

IV. In addition to the department’s reporting responsibilities under this section, the department shall beginning in 2012 make a biennial report to the oversight committee on health and human services and the house and senate ways and means committees on or before August 1, regarding the health care associated infections program costs, the amount of federal funding received for the program, and the amount of fees paid by hospitals and ambulatory surgical centers to support the program.

117:6 Effective Date. This act shall take effect July 1, 2012.

Approved: June 5, 2012

Effective Date: July 1, 2012