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,
Rep. Pilotte appointed Reps. Kidder, Sad,
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 |
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FP 2009-27 |
BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS Revocation, Suspension and Other Sanctions |
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FP 2009-71 |
BOARD OF BARBERING, COSMETOLOGY, AND
ESTHETICS School Operational Requirements |
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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
The Committee received written testimony
from:
Dr. David G. Folks of
Dr. David R. Coursin of
Dr. R. Joffree Barrnet of
Dr. George Luhrmann of
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
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 |
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13. Other |
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