HB 1197-FN – AS INTRODUCED
2012 SESSION
01/10
HOUSE BILL 1197-FN
AN ACT requiring the commissioner of the department of health and human services to apply for a state plan waiver.
SPONSORS: Rep. Abrami, Rock 13; Rep. Ward, Rock 13; Rep. Ohm, Hills 26; Rep. Shuler, Rock 11; Rep. Peckham, Rock 13; Rep. K. Murphy, Hills 18; Sen. Prescott, Dist 23
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires the commissioner of the department of health and human services to apply for a state plan waiver for certain entities which are not eligible to receive Medicaid Quality Incentive Program payments from the nursing facility trust fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2025
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT requiring the commissioner of the department of health and human services to apply for a state plan waiver.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. The purpose of this act is to mitigate the impact of the nursing facility quality assessment on entities which are not eligible to receive Medicaid Quality Incentive Program payments from the nursing facility trust fund by seeking a waiver pursuant to federal law.
2 Commissioner of Health and Human Services; Application for Federal Waiver From Nursing Facility Quality Assessment; Reports Required.
I. The commissioner of the department of health and human services shall submit a state plan waiver of the broad-based requirement as provided for in 42 C.F.R. section 433.68(e)(1), a state plan waiver of uniform tax requirement as provided for in 42 C.F.R. 433.68(e)(2), or both, by November 1, 2012 and shall actively pursue approval of such waiver request.
II. The commissioner shall report quarterly to the oversight committee on health and human services, established in RSA 126-A:13, regarding the status of any state plan waiver request submitted pursuant to paragraph I. The reports shall include all data and other documents used to support the state plan waiver request. The reports required under this paragraph shall commence on September 1, 2012 and continue quarterly until a final decision on the waiver request is received.
III. If the waiver is approved, the commissioner shall immediately notify the commissioner of the department of revenue administration.
3 Effective Date. This act shall take effect upon its passage.
LBAO
12-2025
10/27/11
HB 1197-FN - FISCAL NOTE
AN ACT requiring the commissioner of the department of health and human services to apply for a state plan waiver.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will have an indeterminable fiscal impact on state and county revenue and expenditures. The New Hampshire Association of Counties states this bill will decrease county revenue by an indeterminable amount. There will be no fiscal impact on local revenue or expenditures.
METHODOLOGY:
The Department of Health and Human Services indicated that it is not clear whether the bill pertains to facilities that receive no Medicaid Quality Incentive Program (MQIP) payments, or also pertains to nursing home special needs or atypical beds which receive no MQIP payments. In addition, some facilities have atypical beds that receive no MQIP payments but also receive MQIP payments on other beds. The Department states it is not able to calculate the fiscal impact of this bill without additional information.
The New Hampshire Association of Counties states the exemption for some facilities would decrease revenue collected by the state from the Nursing Facility Quality Assessment, decrease in federal matching revenue collected by the state, and therefore a decrease in the funds available to distribute to the county and private nursing homes in the form of MQIP payments. The Association is not able to determine the amount of these decreases.