JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 15, 2021 - 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, Chair

Rep. Carol M. McGuire, Vice-Chair

Sen. James Gray

Rep. Alan Bershtein

Sen. Suzanne Prentiss

Rep. William A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. Rebecca Whitley

Rep. Peter M. Schmidt

Sen. Kevin Avard (Alt.)

Rep. Terry Roy (Alt.)

Sen. Regina Birdsell (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Sharon Carson (Alt.)

Rep. (Alt.)

Sen. Kevin Cavanaugh (Alt.)

Rep. (Alt.)

Sen. Rebecca Perkins Kwoka (Alt.)

Rep. (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 Proposed Expedited Revision to Agency Form:

 

 

(a)  EXRF 2020-11

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Expedited Revision to the Annual Medicaid Uncompensated Care Cost

Data Request Form

(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 2020-90

Accepted/Approved

DEPARTMENT OF SAFETY

Commissioner

Firefighter Medical Examination Requirement

(JLCAR Deadline March 22, 2021)

 

 

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

 

(No items)

 

 

 

NOTE:

 

The following Proposed Interim Rule was withdrawn in response to the Committee's preliminary objection of December 17, 2020.  No further Committee action is required.

 

INT 2020-5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expungement of SNAP Benefits

NOTE:

 

The following proposals were conditionally approved by the Committee on the date indicated.  Also noted is whether there is an agency response 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 December 17, 2020:

 

 

FP 2020-72

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

NH Residential Child Care Licensing Rules

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

 

 

FP 2020-75

BOARD OF MENTAL HEALTH PRACTICE

Organizational Rules

(Response not yet received.)

 

 

FP 2020-78

BOARD OF MENTAL HEALTH PRACTICE

Ethical and Professional Standards, Responsibilities of Licensees

(Response not yet received.)

 

 

FP 2020-81

BOARD OF EDUCATION

Home Education

(Response received January 14, 2021 and confirmed January 14, 2021.)

 

 

FP 2020-83

BOARD OF EDUCATION

Demonstrated Knowledge and Skills in High School

(Response received January 14, 2021 and confirmed January 14, 2021.)

 

 

FP 2020-84

DEPARTMENT OF LABOR

Safety Programs and Joint Loss Management Committees

(Response received December 23, 2020 and confirmed December 23, 2020.)

 

 

FP 2020-85

INSURANCE DEPARTMENT

Antifraud Plans Standards

(Response received December 21, 2020 and confirmed December 22, 2020.)

 

 

INT 2020-6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol & Drug Abuse Prevention

Voluntary Registry of Recover Houses

(Response received December 21, 2020 and confirmed December 22, 2020.)

 

 

REGULAR AGENDA

 

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

 

 

7.   9:20 a.m.    DEPARTMENT OF SAFETY

 

(a)  FP 2020-91

Conditional Approval

Commissioner

Exceptional Disaster Relief Loan Program

(JLCAR Deadline February 1, 2021.)

 

 

(b)  EXIR 2020-4

Conditional Approval

Commissioner

EMS Vehicle Equipment and US DOT Emergency Response

Guidebook Update

(No JLCAR Deadline.)

 

 

(c)  OR 2019-202

Postponed to 2/19/21
Regular Meeting

Commissioner—TO BE POSTPONED

Road Toll Administration Rules

(JLCAR Deadline February 23, 2021.  Some rules were interim rules that

expired June 29, 2020.)

 

 

8.   9:30 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2020-89

Conditional Approval

Drinking Water Programs

Per and Polyfluoroalkyl Substances (PFAS)

(JLCAR Deadline February 22, 2021.)

 

 

(b)  ROR 2020-54

Accepted/Approval w/

Recommendation

Drinking Water Programs

Drinking Water State Revolving Loan Fund Program

(JLCAR Deadline March 22, 2021.)

 

 

9.   9:40 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP  2019-209

Conditional Approval

Former Division of Public Health Services

Rules for Hospitals

(JLCAR Deadline January 15, 2021.  Former interim rules expired April 22, 2018.)

(Formerly Item #9(a) on November 19, 2020 Agenda and Item #11(a) on December 17, 2020 Agenda.)

 

 

(b)  Discussion on the following emergency rule:

 

 

ER Doc. #13156

No Further Action

Former Division of Human Services

Emergency Rule Amendment Related to MEAD Disability Determination

(Effective January 7, 2021.  Scheduled to expire July 6, 2021.)

 

 

10. 10:00 a.m. BOARD OF EDUCATION

 

 

(a)  FP 2020-58

Approval

Remote Instruction: Basic Instructional Standards and School Year

(JLCAR Deadline February 12, 2021.)

 

 

(b)  INT 2020-7

Conditional Approval

Criminal History Record Check Credential

(JLCAR Deadline March 31, 2021.  Implements 2020, 38:33-35 (HB 1558), effective January 1, 2021.)

 

 

(c)  Discussion on the following emergency rule:

 

 

ER Doc. #13157

No Further Action

Vocational Rehabilitation Programs

(Effective January 11, 2021.  Scheduled to expire July 10, 2021.)

 

 

11. 10:20 a.m. INSURANCE DEPARTMENT

 

 

(a)  FP 2020-92

Approval

Automobile Insurance

(JLCAR Deadline February 9, 2021.)

 

 

(b)  FP 2020-93

Approval

Ancillary Health Minimum Standards for Benefits

for Specified Disease Coverage

(JLCAR Deadline February 22, 2021.)

 

 

12. 10:30 a.m.  Discussion on the following emergency rules:

 

 

(a)  ER Doc. #13153

No Further Action

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Method for Applying for a Licensed Nurse Assistant (LNA) Emergency License

(Effective December 31, 2020.  Scheduled to expire June 29, 2021.)

 

 

OTHER BUSINESS

13. 10:40 a.m.