JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JULY 16, 2009

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Gottling, Millham, Taylor*, Boyce*, Kidder*, and Sad*, and Senator 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 9:05 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Gottling, Millham, Taylor, Boyce, Kidder, and Sad.

 

     Rep. Pilotte appointed Reps. Kidder, Sad, Taylor, and Boyce as alternates, respectively, for Sen. Letourneau, Sen. Fuller Clark, Sen. Cilley, and Sen. Merrill.

 

2.  The Committee discussed the minutes of the Committee meeting on June 26, 2009.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Taylor seconded.

 

     Adopted. 

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):

 

FP 2009-20

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Foster Family Home Rate-Setting and Certification for Payment Standards for
Foster Care Services

 

 

FP 2009-27

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Revocation, Suspension and Other Sanctions

 

 

FP 2009-71

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

School Operational Requirements

 

 

FP 2009-75

INSURANCE DEPARTMENT

Valuation of Life Insurance Policies

 

     Rep. Patten moved that the Committee approve the Final Proposals.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

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

 

     No action to postpone was taken at this time. 

 

5.  The Committee discussed Proposed Interim Rule INT 2009-15 from the Department of Health and Human Services (Former Division of Human Services, State Children’s Health Insurance Program Premiums).  Lisabritt Solsky testified for the Department.

 

     Sen. Merrill arrived during the discussion of this item.  Therefore, Rep. Boyce was not a voting member at this time.

 

     Dr. Suzanne Boulter, representing N.H. Healthy Kids, also testified.

 

     Rep. Schmidt moved that the Committee approve Proposed Interim Rule INT 2009-15.

 

     Rep. Millham seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2009-60 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Approval and Operation of Community Mental Health Programs).  Michael Holt testified for the Department.

 

     Susan Paschell of Gallagher, Callahan, and Gartrell, representing the N.H. Community Behavioral Health Association, also testified.

 

     Rep. Schmidt moved that the Committee request a waiver from the Director of the Office of Legislative Services, pursuant to RSA 541-A:40, IV, of the Committee’s July 20, 2009 deadline to act on the Final Proposal, and with a new deadline  of August 20, 2009.

 

     Rep. Patten seconded.

 

     Adopted. 

 

     Rep. Schmidt moved that the Committee postpone action on Final Proposal 2009-60 to the August 20, 2009 meeting. 

 

     Rep. Gottling seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2009-39 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Medical and Psychiatric Emergencies).  Maya Blanchette and Dr. Alexander de Nesnera, who also had submitted written testimony, testified for the Department.

 

     Aaron Ginsberg, representing the Disability Rights Center, also testified, and submitted written testimony from himself and Richard Cohen.

 

     The Committee received written testimony from:

            Dr. David G. Folks of Dartmouth-Hitchcock Medical Center.

            Dr. David R. Coursin of Dartmouth Medical School, representing Transitional Housing Services of N.H. Hospital.

            Dr. R. Joffree Barrnet of Dartmouth Medical School, representing the Medical Staff Organization of N.H. Hospital.

            Dr. George Luhrmann of Dartmouth Medical School, representing N.H. Hospital.

 

     Rep. Patten moved that the Committee approve Final Proposal 2009-39 with the recommendation that a transcript of the discussion be sent to the House Health, Human Services and Elderly Affairs Committee and the Senate Health and Human Services Committee for their consideration to determine whether the rule in Final Proposal 2009-39 creates a policy change. 

 

     Rep. Schmidt seconded.

 

     Adopted.

 

8.  After a break, with Rep. Pilotte, Patten, Kidder, Sad, Schmidt, Millham, and Boyce present, the Committee discussed Final Proposal 2009-59 from the Department of Health and Human Services (Former Division of Public Health Services, Home Care Service Providers).  John Martin and Rod Bascom testified for the Department.

 

     Sen. Merrill and Rep. Gottling returned to the meeting as the discussion on this item began.

 

     The Department had requested a conditional approval with a letter and amended rule dated July 14, 2009 and received July 15, 2009.

 

     Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-59 based on the request.

 

     Rep. Patten seconded.

 

     Since Sen. Merrill had left the meeting prior to the motion, Rep. Pilotte appointed Rep. Boyce as an alternate for Sen. Merrill.

 

     The motion was adopted.

 

9.  The Committee discussed an emergency rule filed by the Department of Health and Human Services (Former Division of Human Services, Eligibility for Adult Category Medical Assistance for Home and Community-Based Care) under Document #9499, effective June 30, 2009.  Lisabritt Solsky testified for the Department.

 

     Sen. Merrill returned to the meeting during the discussion of this item, and therefore Rep. Boyce was not a voting member at this time.

 

     It was the consensus of the Committee to take no further actions.

 

10.  The Committee discussed Final Proposal 2009-78 from the Public Utilities Commission (Net Metering for Customer-Owned Renewable Energy Generation Resources of 100 Kilowatts or Less).  Suzanne Amidon testified for the Commission.

 

      Rep. Patten moved that the Committee approve Final Proposal 2009-78.

 

     Sen. Merrill seconded.

 

      Adopted.

 

11.  The Committee discussed Final Proposal 2009-28 from the Board for the Licensing and Regulation of Plumbers (Renewal, Continuing Education, Reinstatement, On-going Requirements).  Trudy Mott-Smith of the Department of Administrative Services represented the Board.

 

      The Board had requested a conditional approval in an amended rule dated July 16, 2009 but received on July 2, 20009. 

 

      Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-28 based on the request.

 

      Rep. Taylor seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2009-56 from the Department of Revenue Administration (Medicaid Enhancement Tax).

 

      The Department had requested a conditional approval in an amended rule dated July 15, 2009.

 

      Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-56 based on the request.

 

      Rep. Taylor seconded.

 

      Adopted.

 

13.  The Committee discussed Final Proposal 2009-67 from the Real Estate Commission (Programs of Study Accreditation and Re-accreditation).  Beth Edes testified for the Commission.

 

      The Commission submitted a conditional approval request in a letter and amended rule dated July 15, 2009.

 

      Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-67 based on the request.

 

      Rep. Taylor seconded.

 

      Adopted. 

 

14.  The Committee discussed Final Proposal 2009-64 from the Banking Department (Collateralization of Public Deposits).  Celia K. Leonard and Ingrid E. White testified for the Department.

 

      Written testimony had been provided by:

            Barbara T. Reid of the N.H. Municipal Association, dated July 10, 2009 with attachments from State Treasurer Catherine A. Provencher dated May 11, 2009 to the Banking Department, including an amended rule.

            Michael P. Jache, Treasurer of the City of Concord.

 

      The following persons also testified orally:

            State Treasurer Catherine Provencher.

            Barbara T. Reid, representing the N.H. Municipal Association.

 

      Rep. Gottling left the meeting during the discussion of this item.

 

      Rep. Schmidt moved that the Committee make a preliminary objection to Final Proposal 2009-64 based on public testimony.

 

      Rep. Taylor seconded.

 

      Celia K. Leonard testified again in rebuttal, so Rep. Schmidt then restated his motion, and Rep. Taylor seconded.

 

      Rep. Pilotte appointed Rep. Boyce as an alternate for Rep. Gottling, who was absent.

 

      The motion was adopted.

 

15.  Rep. Schmidt moved that the Committee adjourn.

 

      Rep. Patten seconded.

 

      Adopted.

 

      The Committee adjourned at 12:53 p.m., effectively postponing the consideration of the following item to the regular Committee meeting on August 20, as it was the consensus of the Committee to cancel the continued meeting previously scheduled for July 30.

 

     

OTHER BUSINESS

 

13. Other