JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

MARCH 30, 2007

 

 

Members Present:   Representatives Pilotte, MacKay, Schmidt, Millham*, and Powers*, and Senators DeVries and Downing.  (*)  Indicates alternate members.

 

(**)  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 9:00 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. MacKay, Schmidt, Millham, and Powers, and Sen. Downing.

 

     Rep. Pilotte appointed Rep. Powers and Rep. Millham as alternates, respectively, for Rep. Mitchell and Rep. Patten, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on March 16, 2007.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Mackay seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     Rep. Powers moved that the Committee postpone action on the following items to the Committee meeting on April 20, 2007:

 

14.    INT 2007-5

DEPARTMENT OF LABOR

Payment of Wages and Requirements of Employers

(JLCAR Deadline June 7, 2007.  Existing regular rules will expire May 26, 2007.)

(Formerly Item #13 on 3-16-07 agenda.)

 

 

15.    OR 2006-150

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline April 20, 2007.  Existing interim rules expired December 13, 2006.)

(Formerly Item #13(b) on 2-16-07 agenda, #13 on 3-2-07 agenda, and #14 on 3-16-07 agenda.)

 

      Rep. Schmidt seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2006-190 from the Department of Health and Human Services (Commissioner, Rules of Practice and Procedure).  John Dabuliewicz, Michele Beasley, and Lisabritt Solsky testified for the Department.

 

     Sen. DeVries arrived as the discussion on this item began.

 

     Jonathan Baird testified for N.H. Legal Assistance.

 

     The Department submitted a request for conditional approval in the Committee meeting.

 

     Rep. MacKay moved that the Committee conditionally approve Final Proposal 2006-190 as requested by the Department, with additional changes on page 6 of the Final Proposal to He-C 201.12(a) to delete the reference to “all department employees” and insert “other than department employees” after “persons” and to He-C 201.12(b) to replace “Department employees” with “Agents of the department.”

 

     Rep. Millham seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2006-195 from the Department of Health and Human Services (Former Division of Public Health Services, Catastrophic Illness Program.)  Jane Hybsch, Elizabeth Collins, and Dawn Landry testified for the Department.

 

     The Department had requested a conditional approval in a letter and attached rule dated March 6, 2007.

 

     Rep. Millham moved that the Committee conditionally approve Final Proposal 2006-195 as requested, with the additional condition that the following rule be included: “He-P 2504.04 Eligibility Determination.  An applicant shall be eligible if the applicant meets the eligibility requirements described in He-P 2504.01 through He-P 2504.03.”; and recommend that the Department address in future rulemaking how indigency is determined pursuant to RSA 137-G:6.

 

     Rep. MacKay seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2006-191 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Community Mental Health Services).  Raymond Perry, Dr. Mary Burnett, and Michele Beasley testified for the Department.

 

     The Department had requested a conditional approval in a letter and attached rule dated March 16, 2007. 

 

     The Committee had earlier received written testimony from the N.H. Community Behavioral Health Association, dated March 13, 2007, and from Michael J. Cohen, representing the National Alliance on Mental Illness (NAMI), dated March 16, 2007.

 

     Rep. MacKay moved that the Committee conditionally approve Final Proposal 2006-191 as requested.

 

     Rep. Millham seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2006-167 from the Department of Health and Human Services (Former Division of Public Health Services, Rules for the Sanitary Production and Distribution of Food – Homestead Amendments).  Michele Beasley and Paul Raiche testified for the Department. 

 

     The Department had submitted a request for conditional approval in a letter and attached rule dated March 29, 2007.

 

     The Committee had received written testimony from Senator Deborah Reynolds dated March 29, 2007, Rep. Timothy O’Donnell dated March 12, 2007 and March 29, 2007, and Denise Fox, representing Tastefully Wright LLC of Wilton, N.H., dated March 21, 2007.

 

     The following members of the public testified orally:

 

            Susan Allen, representing Cakes by the Lake of Center Harbor, N.H.

             Jack Patten, representing the N.H. Farmers Market Association.

 

     Sen. Downing moved that the Committee conditionally approve Final Proposal 2006-167 as requested.

 

     Sen. DeVries seconded.

 

     Adopted.

 

8.   The Committee discussed Final Proposal 2006-174 from the Department of Health and Human Services (Former Division of Human Services, The Deficit Reduction Act of 2005 and Medicaid Eligibility Long-term Care Program Changes).  Lisabritt Solsky and Dawn Landry testified for the Department.

 

      Artemis Paras had submitted written testimony, dated March 26, 2007, prior to the meeting.

 

      Sen. Downing moved that the Committee conditionally approve Final Proposal 2006-174 on the condition that He-W 656.02(d) be amended to replace the words “is valued at $500,000 or more” with “exceeds $500,000.”

 

      Rep. Millham seconded.

 

      Adopted.

 

      Rep. Pilotte left the meeting at this time.

 

9.  The Committee discussed the response by the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2006-134 (Former Division of Human Services, Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies.)

 

     It was the consensus of the Committee that this item be postponed to another meeting on April 6, 2007.

 

10.  The Committee discussed Final Proposal 2007-4 from the Department of Health and Human Services (The Deficit Reduction Act of 2005 and Temporary Assistance for Needy Families (TANF)).  Terry Smith and Lynn Wilder testified for the Department.

 

      The following members of the public also testified:

 

            Jack Lightfoot, representing Child and Family Services.

            Jonathan Baird, representing N.H. Legal Assistance.

            Sara Dustin.

 

      Sen. DeVries moved that the Committee make a preliminary objection to Final Proposal 2007-4 to clarify He-W 637.03(h).

 

      Rep. Schmidt seconded.

 

      After further discussion, Sen. DeVries withdrew her motion and Rep. Schmidt withdrew his second.

 

      Sen. Downing moved that the Committee recess on this item to April 6, 2007.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

      Sen. DeVries had left the meeting by this time.

 

11.  The Committee recessed at 12:45 p.m., as a quorum was no longer present, thereby postponing action on the following additional items to the meeting on April 6, 2007:

 

11.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(g)  FP 2007-3

Division of Elderly and Adult Services

Adult Protection Program

(JLCAR Deadline April 16, 2007.)

 

 

12.    FP 2006-185

INSURANCE DEPARTMENT

External Review

(JLCAR Deadline April 12, 2007.)