JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 20, 2018 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. Jeanne Dietsch

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Kathleen Hoelzel

Sen. Jay Kahn

Rep. Carol M. McGuire

Sen. John Reagan

Rep. Peter B. Schmidt

Sen. Ruth Ward

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Dianne Schuett (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. John Sytek (Alt.)

Sen. Lou D'Allesandro (Alt.)

 

Sen. James Gray (Alt.)

 

Sen. David Watters (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

2. 9:05 a.m. Elect Chairperson and Vice-Chairperson

3. 9:10 a.m. Review Minutes and Proposed Meeting Schedule for 2019

 

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

 

4. 9:15 a.m. Committee Approval of Final Proposals:

 

 

(a) FP 2018-141
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Training Required

(JLCAR Deadline January 22, 2019.)

 

 

(b) FP 2018-142
Approval

BOARD OF REGISTRATION OF MEDICAL TECHNICIANS

Definitions, Legal Address, Application, Removal of Registration, and Reinstatement of Registration

(JLCAR Deadline December 24, 2018.)

 

 

(c) FP 2018-152
Approval

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Allied Health Organizational Forms

(JLCAR Deadline December 28, 2018.)

 

 

(d) FP 2018-165
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Emergency Assistance and Verification

(JLCAR Deadline January 14, 2019.)

 

 

(e) FP 2018-166
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Sand & Gravel Sources, Non-Metallic Mineral Processing Plants, Cement and Concrete Sources

(JLCAR Deadline January 14, 2019.)

 

 

(f) FP 2018-167
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Utility Expenses Incurred Separately

(JLCAR Deadline January 14, 2019.)

 

 

(g) FP 2018-169
Approval

INSURANCE DEPARTMENT

Automobile Insurance, Rating Practices

(JLCAR Deadline January 14, 2019.)

 

 

(h) FP 2018-172
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Utility Property Tax

(JLCAR Deadline January 7, 2019.)

 

 

(i) FP 2018-173
Approval

N. H. VETERANS' HOME

Procedural Rules

(JLCAR Deadline January 7, 2019.)

 

 

(j) FP 2018-175
Approval

INSURANCE DEPARTMENT

Actuarial Opinion and Memorandum

(JLCAR Deadline January 22, 2019.)

 

 

(k) FP 2018-176
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Sulfur Content Limitations

(JLCAR Deadline January 22, 2019.)

 

 

(l) FP 2018-178
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Pharmaceutical Services

(JLCAR Deadline January 14, 2019.)

 

 

(m) FP 2018-179
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Children's Special Medical Services

(JLCAR Deadline January 22, 2019.)

 

 

(n) FP 2018-180
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Family Support Services to Children and Young Adults with Chronic Health Conditions

(JLCAR Deadline January 22, 2019.)

 

 

5. 9:20 a.m. Committee Conditional Approvals:

 

 

(a) FP 2018-177
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Instream Flow Rules

(JLCAR Deadline January 22, 2019.)

 

 

6. 9:22 a.m. Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

7. 9:24 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 November 15, 2018:

 

 

FP 2018-121

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Eligibility and the Process of Providing Services for Acquired Brain Disorder

(Response received November 26, 2018 and confirmed November 26, 2018.)

 

 

FP 2018-148

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Substance Use Disorder (SUD) Treatment and Recovery Support Services

(Response received November 19, 2018 and confirmed November 19, 2018.)

 

 

FP 2018-155

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification Payment Standards for Communication Access Services

(Response received November 26, 2018 and confirmed November 26, 2018.)

 

 

FP 2018-158

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Testing of Domestic Animals

(Response received November 19, 2018 and confirmed November 19, 2018.)

 

 

REGULAR AGENDA

 

8. 9:25 a.m. Consider postponing action on certain items to another meeting.

 

9. 9:30 a.m. OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

 

 

(a) FP 2018-150
Approval

Organizational Rules

(JLCAR Deadline December 28, 2018.)

 

 

(b) FP 2018-151
Conditional Approval

Fees Charged by the Governing Boards

(JLCAR Deadline December 28, 2018).

 

 

10. 9:35 a.m. N. H. RETIREMENT SYSTEM

 

 

(a) FP 2018-133
Approval

Rules of Practice and Procedure

(JLCAR Deadline December 31, 2018.)

 

 

(b) FP 2018-123
Approval

Participation in the Retirement System

(JLCAR Deadline January 25, 2019. Most of the rules expired October 8, 2018 as interim rules.)

 

 

(c) FP 2018-124
Approval with Recommendation

Code of Ethics

(JLCAR Deadline January 25, 2019. Former rules expired October 8, 2018 as interim rules.)

 

 

11. 9:45 a.m. N.H. VETERANS' HOME

 

 

FP 2018-174
Approval with Understanding

Residency, Admission, Transfer, and Discharge Rules

(JLCAR Deadline January 7, 2019.)

 

 

12. 10:00 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2018-122
Preliminary Objection with Recommendation

Modular Buildings and Building Components Rules

(JLCAR Deadline January 7, 2019.)

 

 

(b) FP 2018-135
Postponed to 1/18/19
Regular Meeting

Display Fireworks Rules

(JLCAR Deadline January 22, 2019.)

 

 

13. 10:15 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2018-132
Conditional Approval

Former Division of Public Health Services

Home Health Care Providers Licensing

(JLCAR Deadline January 22, 2019. Most of the rules expired September 20, 2018 as interim rules.)

 

 

(b) INT 2018-25
Conditional Approval

Former Division of Human Services

Granite Workforce Pilot Program

(JLCAR Deadline March 13, 2019. Interim rule implements 2018, 342:2-9 (SB 313), effective January 1, 2019.)

 

 

(c) INT 2018-26
Objection

Former Division of Human Services

NH Granite Advantage Health Care Program

(JLCAR Deadline March 13, 2019. Interim rule implements 2018, 342:1 (SB 313), effective January 1, 2019.)

 

 

(d) Discussion on the following emergency rule:

No Further Action

 

ER (Doc. #12688)

Former Division of Elderly and Adult Services

Nursing Facility Reimbursement Budget Adjustment Factor

(Effective December 7, 2018. Will expire June 5, 2019.)

 

 

14. 10:45 a.m. Orientation session for new members.

 

 

OTHER BUSINESS

15. 11:30 a.m.