HB 1426 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1426
AN ACT establishing an appeals board to review decisions of the health services planning and review board.
SPONSORS: Rep. Quandt, Rock 20; Rep. Beaulieu, Rock 11; Rep. Weyler, Rock 18; Rep. Martel, Hills 45
COMMITTEE: Health, Human Services & Elderly Affairs
This bill establishes an appeals board to review decisions of the health services planning and review board as an interim measure before an appeal to the supreme court.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2051
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT establishing an appeals board to review decisions of the health services planning and review board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Final Decision Deleted. Amend RSA 151-C:9, IV(b) to read as follows:
(b) To be effective, a request for a reconsideration hearing shall be received by the board within 20 business days following the date of the board's decision. If granted, the hearing shall commence within 30 calendar days of receipt of the request. The applicant may waive the 30-day requirement. At least 14 calendar days prior to the reconsideration hearing, notification of the hearing shall be sent to the person requesting the hearing and to the persons proposing the new institutional health service and to others upon request. Within 25 business days after the conclusion of the hearing, the board shall make written findings which state the basis for its decision. [The decision shall be considered the final decision of the board.]
2 New Section; Appeals Board Established. Amend RSA 151-C by inserting after section 9 the following new section:
151-C:9-a Appeals Board Established.
I. There is hereby established an appeals board which shall hear appeals from decisions issued pursuant to RSA 151-C:9.
II. The appeals board shall be composed of 7 members, as follows:
(a) Two members of the house of representatives, appointed by the speaker of the house.
(b) Two members of the senate, appointed by the president of the senate.
(c) Three public members, appointed by the governor.
III. The chairperson of the appeals board shall be a member of the general court and shall be chosen and appointed by the other members of the appeals board.
IV. Members of the appeals board appointed pursuant to subparagraph II(a) and (b) shall serve terms coterminous with their terms in office. Members appointed pursuant to subparagraph II(c) shall serve 3-year terms; providing that initially one shall serve for one year, one shall serve for 2 years, and one shall serve for 3 years.
V. A request for an appeal under this section shall be received by the appeals board within 20 business days following the date of a reconsideration hearing under RSA 151-C:9. The hearing shall commence within 30 calendar days of receipt of the request. At least 14 calendar days prior to the hearing under this section, notification of the hearing shall be sent to the person requesting the hearing and to the person proposing the new institutional health service and to others upon request. Within 25 business days after the conclusion of the hearing, the appeals board shall make written findings which state the basis for its decision.
3 Reference Addition. Amend RSA 151-C:10, I to read as follows:
I. Any person submitting an application for a certificate of need, if aggrieved or dissatisfied with the decision of the board, shall, after an appeal under RSA 151-C:9-a, have the right, upon a petition which provides a detailed statement of the grounds upon which the decision of the board is claimed to be erroneous and contrary to the facts and the law, to appeal from the decision to the supreme court pursuant to RSA 541.
4 Effective Date. This act shall take effect January 1, 2001.