JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

October 15, 2020 - 9:00 a.m.

REMOTE MEETING

Instructions at http://gencourt.state.nh.us/rules/default.htm

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Jay Kahn

Rep. Carol M. McGuire

Sen. Ruth Ward

Rep. Peter B. Schmidt

Sen. David Watters

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Alan Bershtein (Alt.)

Sen. Shannon Chandley (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (Alt.)

 

The times and order specified for the agenda items listed below are only tentative.  The Committee may change the order or may change the amount of time allotted for such items.

 

1.   9:00 a.m.  Convene, Remote Meeting Script, Roll Call, Seating of Alternates, and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals, Proposed Interim Rules, Proposed Expedited Repeals, and Proposed Expedited Revision to Agency Form:

 

 

(a)  FP 2020-68

Approval

INSURANCE DEPARTMENT

Uniform Reporting System for Health Care Claim Data Sets

(JLCAR Deadline November 9, 2020.)

 

 

(b)  FP 2020-69

Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Second Rollout of Revenue Information Management System (RIMS)

(JLCAR Deadline November 9, 2020.)

 

 

(c)  FP 2020-70

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Communications

(JLCAR Deadline November 9, 2020.)

 

 

(d)  FP 2020-71

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Developing Potential Sources of Income

(JLCAR Deadline November 9, 2020.  Former rule He-W 652.07 expired as an

interim rule on January 16, 2020.)

 

 

(e)  FP 2020-74

Approval

INSURANCE DEPARTMENT

Ancillary Health Minimum Standards

(JLCAR Deadline November 9, 2020.)

 

 

(f)  INT 2020-4

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Interim Rules Related to Electronic Benefit Transfers

(JLCAR Deadline December 30, 2020.  Former rules expired November 19, 2018 and

November 1, 2019.)

 

 

(g)  EXP 2020-1

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Alternative Benefit Plan and Premium Assistance Program

(No JLCAR Deadline.)

 

 

(h)  EXRF 2020-10

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Expedited Revision to the New Hampshire Physican Assistant

Licensure Survey

(No JLCAR Deadline.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

(No items)

 

 

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(a)  OR 2020-34

Accepted/Approved

BOARD OF EDUCATION

Robotics Education Fund

(JLCAR Deadline December 22, 2020)

 

5.   9:16 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No items)

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated.  Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved.  No further Committee action is required in that case.

 

 

Conditionally Approved August 20, 2020:

 

 

FP 2020-45

PHARMACY BOARD

Biennial Licensing

(Response received October 13, 2020 and confirmed October 13, 2020.)

 

 

Conditionally Approved September 17, 2020:

 

 

FP 2020-64

INSURANCE DEPARTMENT

Standard Definitions and Policy Provisions—Prohibited Policy Provisions

(Response received September 18, 2020 and confirmed September 21, 2020.)

 

 

FP 2020-65

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Certification of Other Qualified Services

(Response received September 17, 2020 and confirmed September 25, 2020.)

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

7.   9:20 a.m.    BOARD OF EDUCATION

 

 

FP 2020-35

Preliminary Objection

Vocational Rehabilitation Programs

(JLCAR Deadline October 26, 2020. Existing emergency rule expires
January 11, 2021.)

 

8.   9:25 a.m.    DEPARTMENT OF SAFETY

 

(a)  FP 2019-202

Postponed to 11/19/20
Regular Meeting

Waiver Requested

Commissioner

Road Toll Administration Rules

(JLCAR Deadline October 15, 2020.  Some rules were interim rules that

expired June 29, 2020.)

(Formerly Item #11(a) on July 16, 2020 Agenda, Item #9 on

August 20, 2020 Agenda, and Item #8 on September 17, 2020 Agenda.)

 

 

(b)  FP 2020-73

Approval

Commissioner

EMS Vehicle Equipment and Supplies

(JLCAR Deadline November 9, 2020.)

 

 

9.   9:30 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2020-47

Conditional Approval

Wetlands Programs

Spring 2020 Amendments to Wetlands Rules

(JLCAR Deadline October 19, 2020.)

(Formerly Item #9(b) on September 17, 2020 Agenda.)

 

 

(b)  FP 2020-54

Preliminary Objection

Drinking Water Programs

Drinking Water State Revolving Loan Fund Program

(JLCAR Deadline November 9, 2020.)

 

 

10. 10:00 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

FP 2020-57

Conditional Approval

Former Division of Elderly and Adult Services

Nursing Facility Services

(JLCAR Deadline October 15, 2020.)

(Formerly Item #10(b) on September 17, 2020 Agenda.)

 

 

11.  10:15 a.m. DEPARTMENT OF CORRECTIONS

 

 

FP 2020-62

Preliminary Objection

Visitation, Request Slips, Grievances, Resident Mail, E-Mail, &

Package Service

(JLCAR Deadline November 9, 2020.)

 

 

12.  10:25 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2020-63

Approval

Produce Safety Farm Inspections

(JLCAR Deadline November 9, 2020.)

 

 

13.  10:30 a.m. COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

 

 

FP 2020-66

Approval with Recommendation

Governor's Scholarship Program

(JLCAR Deadine November 9, 2020.)

 

 

14. 10:40 a.m.  NATUROPATHIC BOARD OF EXAMINERS

 

 

(a)  FP 2020-49

Conditional Approval

Changes to Organizational and Procedural Rules

(JLCAR Deadline November 5, 2020.)

 

 

(b)  FP 2020-50

Conditional Approval

Licensing Requirements, Continued Status, Scope of Practice, and

Formulary Council

(JLCAR Deadline November 5, 2020.)

 

15. 11:00 a.m.  Discussion on amendments to JLCAR rules due to HB 1245 and prior legislation.

Postponed to 11-19-20 Regular Meeting

 

16. 11:15 a.m.  Discussion on SB 576.

Postponed to 11-19-20 Regular Meeting

 

OTHER BUSINESS

17. 11:30 a.m.