PROPOSED STATE LEGISLATION OF INTEREST TO THE
NH COUNCIL ON DEVELOPMENTAL DISABILITIES
2011 SESSION

Last Updated July 8, 2011

HIGHEST PRIORITY

State Budget

The State Budget went into effect on July 1st. The following page shows the versions of HB 1 and 2 (the budget “trailer” bill) that passed, summaries, official briefings and documents comparing different versions:
http://gencourt.state.nh.us/lba/fy2012_2013_budget.html
Other budget documents, news and reports
http://www.nhcares.net/wordpress/

HB309 title: repealing certain insurance mandates.
Text of bill: http://www.gencourt.state.nh.us/legislation/2011/HB0309.html
Sponsors: (Prime) John Hunt
Analysis: This bill repeals mandatory insurance coverage for:
I. Certified midwives.
II. The cost of testing for bone marrow donation.
III. Continuation of group health insurance in the event of divorce or legal separation.
IV. Children’s early intervention therapy services.
V. Obesity and morbid obesity.
VI. Diagnosis and treatment of pervasive developmental disorder or autism.
VII. Persons having deafness and hearing loss.
Status: Retained in House Commerce Committee

HB353 title: establishing a Medicaid waiver program to provide in-home support services for children who are medically fragile or children with chronic illness.
Text of bill: http://www.gencourt.state.nh.us/legislation/2011/HB0353.html
Sponsors: (Prime) Robert Elliott, Charles McMahon
Comment: The Department states this bill directs the Department it to submit a Medicaid waiver request to the Center for Medicare and Medicaid Services (CMS), on or before June 30, 2011, for a three year pilot program for up to 20 children who are medically fragile or who have a chronic illness.
Status: Voted Inexpedient to Legislate by the House

HB493 title: relative to the certification of integrated residential communities.
Text of bill: http://www.gencourt.state.nh.us/legislation/2011/HB0493.html
Sponsors: (Prime)Alida Millham
Analysis: This bill establishes the certification of integrated residential communities. Under this bill the number of beds to be certified shall be capped at 24. This bill exempts such entities from the licensure law regulating health care facilities.
Status: Retained in House Health & Human Services. A work session took place on June 9th.

MODERATE PRIORITY

CACR 12 PROVIDING THAT: the general court shall have the authority to define standards for public education, establish standards of accountability, mitigate local disparities in educational opportunity and fiscal capacity, and have full discretion to determine the amount of state funding for education.
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/CACR0012.html
SPONSORS: Rep. Hess, Merr 9; Rep. Graham, Hills 18; Rep. Packard, Rock 3; Rep. Jasper, Hills 27; Rep. Kurk, Hills 7; Rep. Bettencourt, Rock 4
AMENDED ANALYSIS: This constitutional amendment concurrent resolution provides that the general court have the authority to define standards for public education, establish standards of accountability, mitigate local disparities in educational opportunity and fiscal capacity, and have full discretion to determine the amount of state funding for education.
Status: Passed House with amendments. Rereferred to Senate Internal Affairs Committee.

HB 337 (new title) amending the calculation and distribution of adequate education grants, repealing fiscal capacity disparity aid, and providing stabilization grants to certain municipalities.
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/HB0337.html
SPONSORS: Rep. Hess, Merr 9; Rep. Flanagan, Hills 5; Rep. Ladd, Graf 5; Rep. Kurk, Hills 7; Rep. Bettencourt, Rock 4; Rep. Jasper, Hills 27
Amended Analysis: This bill:
I. Sets the amount of differentiated aid at $1,725 for each pupil eligible for the free or reduced-price meal program.
II. Repeals the calculation and distribution of fiscal capacity disparity aid.
III. Provides a grant in the amount of $2,000 for chartered public school pupils.
IV. Provides $675 for each third grade pupil who has not tested at the proficient level or above in the reading component of the state assessment and who is not eligible to receive special education, English as a second language, or free or reduced-price meal program funds.
V. Beginning July 1, 2013, provides that a municipality’s total education grant shall not exceed 105.5 percent of the total education grant received in the previous fiscal year.
VI. Provides stabilization grant to certain municipalities in fiscal year 2012 equal to the decrease from the municipality’s fiscal year 2011 total education grant, and provides that a municipality shall continue to receive this stabilization grant in fiscal year 2013 and each fiscal year thereafter.
VII. Repeals the statutory provisions requiring that excess education tax payments be remitted to the department of revenue administration thereby permitting municipalities to retain any excess education tax revenues.
Status: Passed with Amendments. Enrolled.

HB 370 making changes to the pupil safety and violence prevention act.
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/HB0370.html SPONSORS: Rep. Boehm, Hills 27; Rep. Ingbretson, Graf 5; Rep. Ladd, Graf 5; Rep. Gandia, Hills 27
Amended Analysis: This bill:
I. Deletes a provision authorizing the superintendent to grant the principal a waiver from providing notice of an incident of bullying within 48 hours to the victim or the perpetrator.
II. Removes a provision extending the bullying and cyberbullying statute to actions occurring off school property, but requires a school principal to notify the parent, parents, or guardian of the victim and the perpetrator of any incidents of bullying or cyberbullying occurring off school property.
Status: Passed House with Amendment, Voted Inexpedient to Legislate by the Senate.

HB401 title: relative to postsecondary training for workers with disabilities.
Bill text: http://www.gencourt.state.nh.us/legislation/2011/HB0401.html
Sponsors: (Prime) Cindy Rosenwald, James MacKay, Charles McMahon, Nancy Stiles, Molly Kelly
Analysis: This bill authorizes the labor commissioner to establish a practical experience/training program for individuals with disabilities.
Status: Passed House and Senate; Signed By Governor 05/27/2011; Effective 07/26/2011

HB467 title: relative to the procedure for school districts to determine if a child in the juvenile court system is a child with a disability.
Bill text: http://www.gencourt.state.nh.us/legislation/2011/HB0467.html
Sponsors: (Prime) John Sytek
Analysis: This bill removes the requirement in the juvenile delinquency, child protection, and child in need of services statutes that the school district treat a request for determination of disability from the court in the same manner that the district would treat a referral from the child’s parent. (Concern – could delay child’s access to special education services)
Status: House voted Inexpedient to Legislate.

HB481 title: relative to the definition of disability for aid to the permanently and totally disabled.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0481.html
Sponsors: (Prime) Lynne Ober, Jordan Ulery, Robert Haefner, Andrew Renzullo, Sharon Carson
Comment: The Department stated this bill changes the eligibility for cash assistance under the Aid to Permanently and Totally Disabled (APTD) program so that eligibility for cash assistance would terminate after the first clinical denial of federal Supplemental Security Income (SSI) or Social Security Disability Insurance benefits by the Social Security Administration. Status: Voted Inexpedient to Legislate by House. Similar provision is in the final version of HB 2.

SB51 Title: (New Title) relative to the establishment of an inter-departmental team to address issues concerning certain adults with developmental disabilities who may present a substantial risk to the community.
Text: http://www.gencourt.state.nh.us/legislation/2011/SB0051.html
Sponsors: (Prime) Amanda Merrill, Stephen Shurtleff, Molly Kelly
Amended Analysis: This bill requires the commissioners of the departments of health and human services and corrections, and the attorney general to enter into a memorandum of understanding to establish an inter-departmental team, to address issues concerning certain adults with developmental disabilities who may present a substantial risk to the community.
(Concern – rights of clients and client/ family participation in decision-making)
Status: Passed Senate and House with Amendments. Signed by the Governor on 07/05/2011; Effective 09/03/2011.

SB94 title: relative to state certification of community residences in municipalities with zoning ordinances which accommodate certified community residences.
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/SB0094.html
Sponsors: (Prime) Jeb Bradley, Christopher Ahlgren, J. David Knox
ANALYSIS: This bill establishes that when a municipality has zoning ordinances which accommodate certified community residences in certain areas within the municipality, the state shall not certify a community residence for location in an area of the municipality which is not zoned for such residence without the approval of the municipality’s planning board.
Status: Rereferred to committee (Public and Municipal Affairs).

SB147 title: relative to Medicaid managed care.
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/SB0147.html
Sponsors: (Prime) Jeb Bradley, Tom De Blois, Jeanie Forrester, James Forsythe, John Gallus, Fenton Groen, Gary Lambert, Jim Luther, Chuck Morse, Bob Odell, Andy Sanborn, Raymond White, John Barnes, Jr., David Boutin, Sharon Carson
AMENDED ANALYSIS: This bill requires the commissioner of the department of health and human services to issue a 5-year request for proposals to enter into contracts with vendors of a managed care model to provide for managed care services to the Medicaid population. The commissioner, in consultation with the fiscal committee of the general court, is granted rulemaking authority for the purposes of this bill.
STATUS: Passed Senate and House with Amendments; Senate concurred with House Amendment; Signed by the Governor on 06/02/2011; Effective 06/02/2011

OTHER

HB93 title: relative to medical documentation for a crossbow permit for a person with a disability.

Bill Text: http://www.gencourt.state.nh.us/legislation/2011/HB0093.html
Sponsors: (Prime) Elisabeth Sanders, Laurie Harding, Lyle Bulis
Status: Passed House and Senate; Signed by Governor

HB 123 – restricting ability of electric utility to disconnect services from a residence/building where a person is using life-sustaining medical equipment
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/HB0123.html
Status: Retained in committee.

HB134 title: relative to eligibility for walking disability plates.
Sponsors: (Prime) Carol McGuire
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/HB0134.html
Status: Vote Inexpedient to Legislate by House.

HB 191 – relative to the community mental health system
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/HB0191.html
ANALYSIS: This bill implements recommendations of the office of legislative budget assistant’s 2010 performance audit report of the New Hampshire community health system.
Status: Passed House and Senate with Amendments. Signed By Governor 06/27/2011

HB214 title: establishing a committee to study the state's participation in the federal Medicaid program.
Bill Text: http://www.gencourt.state.nh.us/legislation/2011/HB0214.html
Sponsors: (Prime) Neal Kurk, Raymond White
Status: House Voted Inexpedient to Legislate.

HB263 title: relative to the lifetime Medicaid limit.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0263.html
Sponsors: (Prime) Neal Kurk
ANALYSIS: This bill revises the law regarding the lifetime Medicaid limit from 60 months to 24 months. (applies to NH employment assistance and family assistance programs)
Status: Retained in House Commerce

HB279 title: relative to gifts, grants, or donations received by the governor's commission on disability.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0279.html
Sponsors: (Prime) Jerry Bergevin
Status: Voted inexpedient to legislate by House

HB 290 – relative to staffing exceptions for geographically isolated small schools
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0290.html
Status: Passed House, Voted Inexpedient by the Senate.

HB 296 – relative to procedures for juvenile delinquency petitions filed by schools
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0296.html
Analysis: This bill provides that, unless an incident presents a serious threat to school safety, the school district shall attempt to resolve the issue through available educational interventions before filing a juvenile delinquency petition.
Status: Retained by House Education committee

HB318 title: reducing a school district's liability for special education costs.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0318.html
Sponsors: (Prime) Joseph Pitre
Analysis: This bill reduces the liability of school districts for special education costs to 2 times the estimated state average expenditure per pupil.
Status: Retained by House Education committee

HB 356 – requiring valid photo ID to vote
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0356.html
ANALYSIS: This bill requires that a voter present a valid driver’s license or nondriver’s picture identification card to vote in person. This bill also requires that the secretary of state pay the fee for a nondriver’s picture identification card upon presentation of a voucher from the town or city clerk. Work session on 5/17/11.
Status: Retained in House Election Law Committee

HB 375 – Bill Title: (2nd New Title) relative to immunity for school personnel using reasonable force to protect a minor for special purposes or pupil.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0375.html
AMENDED ANALYSIS: This bill provides civil and criminal immunity for good faith acts or omissions performed by teachers or persons otherwise entrusted with the care or supervision of a minor for special purposes or pupil.
Comment: Also changes “necessary” force to “reasonable” force.
Status: Passed House and Senate with amendments, Conference Committee Report; Not Signed Off. (Bill dies).

HB407 title: establishing a committee to study the rising incidence of autism.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0407.html
Sponsors: (Prime) Sandra Keans, Donna Schlachman
Status: House voted Inexpedient to Legislate

HB425 title: making an appropriation for the special education catastrophic aid program for the 2011 fiscal year.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0425.html
Sponsors: (Prime) Karen Hutchinson
Status: House voted Inexpedient to Legislate

HB453 title: making persons fleeing to avoid prosecution or custody or violating parole or probation ineligible to receive certain disability aid.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0453.html
Sponsors: (Prime) John Cebrowski, Frank Kotowski, Carl Seidel, Frank Case, Evalyn Merrick
Status: House voted Inexpedient to Legislate. Note: Subject matter is contained in final version of HB 2 (budget trailer bill).

HB 487 relative to election day registrants.
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0487.html
ANALYSIS: This bill requires election day registrants who do not verify their identity to return a mailed identity verification.
Status: Passed by House; Passed Senate with Amendment; House concurred in Senate amendment; Signed by Governor 06/14/2011.

HB 554 – relative to mental health records
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0554.html
ANALYSIS: This bill establishes procedures that the board of mental health practice shall follow in requesting and handling mental health information from its licensees, hospitals, and other providers.
Status: Retained in committee. Subcommittee work session took place on 6/9/11.

HB 640 – relative to spousal income and estate planning
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0640.html
ANALYSIS: This bill requires a petitioner in any petition for spousal support who is a recipient of medical assistance under the state Medicaid program to serve the department of health and human services with a copy of the petition. This bill also allows a guardian to allocate income to a ward’s estate.
Status: House voted Inexpedient to Legislate

HB 641 – relative to DHHS’s lien authority
Text: http://www.gencourt.state.nh.us/legislation/2011/HB0641.html
ANALYSIS: This bill allows the office of reimbursements, department of health and human services, to file liens to recover moneys owed for services rendered by the New Hampshire hospital, Glencliff home, and certain other institutions. This bill is a request of the department of health and human services.
Status: House voted Inexpedient to Legislate

SB 37 – relative to pupil residency determinations
Text: http://www.gencourt.state.nh.us/legislation/2011/SB0037.html
ANALYSIS: This bill provides further detail on the procedure for resolving residency disputes.
Status: Passed Senate, Passed House with amendment, Senate concurred with House Amendment. Signed by the Governor on 06/14/2011.

SB 123 – (new title) relative to notification if a person found incompetent to stand trial and civilly committed is released into the community.
Text: http://www.gencourt.state.nh.us/legislation/2011/SB0123.html
ANALYSIS: This bill clarifies the notification required if a person found incompetent to stand trial and civilly committed is released into the community.
COMMENTS: Provides for notification the family of the victim, or the victim of aggravated felonious sexual assault if an adult
Status: Passed Senate; Passed House with amendment. Committee of Conference report adopted. Signed by the Governor on 06/14/2011.

SB 165 relative to the Medicaid uncompensated care fund and the Medicaid enhancement tax. Text: http://www.gencourt.state.nh.us/legislation/2011/SB0165.html
Sponsors: (Prime) Bob Odell, Chuck Morse, Sylvia Larsen, Gary Lambert, Jeb Bradley
COMMENTS: The Department of Health and Human Services states this bill removes rehabilitation hospitals from the definition of hospitals subject to the Medicaid Enhancement Tax (MET) and entitled to Disproportionate Share Hospital (DSH) payments for uncompensated care.
Status: Tabled in the Senate. (Bill dies).

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Senate Bill 138 Quality Improvement Committee Report

Senate Bill 138, which was passed during the 2007 legislative session, established a committee to review and make recommendations regarding the quality assurance and improvement elements and activities within New Hampshire’s community-based developmental services system. The Committee’s broad-based membership met on 20 occasions and produced this report to assist the Bureau of Developmental Services (BDS), area agencies and their subcontract agencies to address a variety of issues related to quality.

Read or download the report HERE

Current information about the work of the Developmental Services Quality Council can be found HERE.