JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
Action Minutes
JUNE 25, 2010
Members Present: Representatives Pilotte, Schmidt, Gottling, Millham, and Boyce*,
and Sen. Merrill. (*) Indicates alternate member.
(**) Part
1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s
discussions or decisions in this meeting.
1. The meeting was convened at 9:09 a.m. by Rep.
Pilotte as Vice-Chair.
Members present at this time, aside from Rep. Pilotte, were Reps.
Schmidt, Gottling, Millham, and Boyce, and Sen. Merrill.
Rep. Kidder arrived shortly after the Committee convened.
Rep. Pilotte appointed Rep. Boyce and Rep. Kidder as alternates,
respectively, for Rep. Patten and Sen. Letourneau, who were absent.
2. The Committee discussed the minutes of the
Committee meeting on June 18, 2010.
Relative to Final Proposal 2009-130 in Item #12 of the minutes,
Rep. Boyce moved that the minutes be approved, with an amendment to Item 12 in
the minutes to add the following: “It
was the consensus of the Committee that the vote to enter a final objection was
done in lieu of any other action, such as a vote to sponsor a joint
resolution.”
Rep. Kidder seconded.
Adopted.
3. The Committee discussed whether to postpone
action on certain items to another meeting.
Rep. Schmidt moved that the Committee postpone action on the
following items to the next Committee meeting, scheduled for Thursday, July 15,
2010:
9. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(b) FP 2010-26 |
Commissioner Submission of
Health Care Facility Financial Data (JLCAR Deadline July 19, 2010.) |
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12. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2008-165 |
BOARD OF
MENTAL HEALTH PRACTICE Practice and
Procedure Rules (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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(b) OR 2008-166 |
BOARD OF
MENTAL HEALTH PRACTICE Licensing Requirements,
Ethical and Professional Standards, Investigating Allegations, Disciplinary
Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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13. Responses
to Revised Objections Made in June 4, 2010 Meeting But Not Yet Received by
Committee Staff: |
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(a) ROR 2009-176 |
LIQUOR
COMMISSION (JLCAR Deadline September 7, 2010.) |
Sen. Merrill seconded.
Adopted.
Rep. Pilotte also noted for
the record that the Department of Health and Human Services had withdrawn Final
Proposal 2010-44 (Former Division of Mental Health and Developmental Services,
Community Mental Health Services).
4. The Committee discussed Final Proposal
2010-33 from the Department of Employment Security (Overpayment Without Fault;
Waiting Week). Lon Siel testified for
the Department.
The Department had requested
a conditional approval with amended rules dated June 16, 2010.
Sen. Merrill moved that the
Committee accept the conditional approval request and conditionally approve
Final Proposal 2010-33 based on the request.
Rep. Kidder seconded.
Adopted.
5. The Committee discussed Final
Proposal 2010-35 from the Department of Employment Security (Termination of
Employment). Lon Siel testified for the
Department.
The Department had requested
a conditional approval with an amended rule dated June 16, 2010.
Daniel Feltes, representing
N.H. Legal Assistance, also testified.
Sen. Merrill left during the
discussion of this item.
Rep. Schmidt moved that the
Committee accept the conditional approval request and conditionally approve
Final Proposal 2010-35 based on the request.
Rep. Boyce seconded.
Adopted.
6. The Committee discussed
Proposed Interim Rule INT 2010-5 from the Department of Health and Human
Services (Former Division of Mental Health and Developmental Services, Rights
Protection Procedures). Maya Glover testified
for the Department.
Rep. Millham moved that the
Committee approve Proposed Interim Rule INT 2010-5.
Rep. Gottling seconded.
Adopted.
Rep. Pilotte noted for the
record the discussion of the issues from prior rulemaking on these rules, which
the Department indicated it would consider in the regular rulemaking process.
7. The Committee discussed Final
Proposal 2010-43 from the Department of Health and Human Services (Former
Division of Human Services, Expanded Health Care Coverage for Certain
Low-Income Children (SCHIP) Co-Payments). Michael Holt, Marilee Nihan, and Ann Walls
testified for the Department.
The following persons also
testified:
Peter Ames,
representing the N.H. Chapter of the American Cancer Society and N.H. Voices
for Health.
Richard Doran
representing the N.H. Minority Health Coalition and the Granite State
Organizing Project who had also submitted written testimony from Sarah Jane
Knox.
N.H. Healthy Kids had also
submitted a letter to the Committee.
Rep. Pilotte noted that the
following persons had completed testimony cards on Final Proposal 2010-43 at
the Committee meeting on June 18, 2010, but they did not respond when called
today:
Sarah Jane Knox,
representing the Granite State Organizing Project.
Lisa Kaplan House,
representing N.H. Voices for Health.
Gail Garceau,
representing N.H. Healthy Kids.
Rep. Gottling moved that the
Committee approve Final Proposal 2010-43.
Rep. Millham seconded.
Adopted.
8. The Committee discussed Final
Proposal 2010-45 from the Department of Health and Human Services (Former
Division of Mental Health and Developmental Services, Children’s Special
Medical Services). Liz Collins
represented the Department.
Rep. Schmidt moved that the
Committee approve Final Proposal 2010-45.
Rep. Kidder seconded.
Adopted.
9. Rep. Schmidt moved that the
Committee adjourn.
Rep. Boyce seconded.
Adopted.
The Committee adjourned at
11:05 a.m., thereby effectively postponing consideration of the following item
to the next Committee meeting:
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OTHER BUSINESS |
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14. Other |
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