hb 0702

CHAPTER 256

HB 702 - FINAL VERSION

AN ACT relative to the duties of the committee to study the consumer protection effort in New Hampshire, relative to the membership of the long-term care board, and establishing a task force on privacy issues.

SPONSORS: Rep. Kennedy, Merr 7

This bill expands the duties of the committee established in 2001, 12 to include a review of exemptions to the state consumer protection act.

The bill also removes 3 members from the long-term care board and permits the remaining 13 members to choose up to 7 additional members to the board.

This bill also establishes a task force to study privacy issues as they pertain to federal law and existing state laws relative to privacy issues.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

I. Assess the scope of need for consumer protection within New Hampshire; the ability of the attorney general's consumer protection bureau to meet this need; and any appropriate changes in funding, staffing, and/or agency structure that would better protect the state's consumers.

II. Study transactions that are exempt from RSA 358-A, the consumer protection act.

I. RSA 126-L:3, I(e), relative to membership of the insurance commissioner on the long-term care board.

II. RSA 126-L:3, I(i), relative to membership of a representative of the New Hampshire Hospital Association on the long-term care board.

III. RSA 126-L:3, I(j), relative to membership of a representative of the New Hampshire Medical Society on the long-term care board.

256:3 Membership; Long-term Care Board. Amend the introductory paragraph of RSA 126-L:3, I to read as follows:

I. The powers of the corporation shall be vested in [16] at least 13 members who shall hold 3-year terms of office as follows:

256:4 New Subparagraph; Members; Long-term Care Board. Amend RSA 126-L:3, I by inserting after subparagraph (m) the following new subparagraph:

256:5 Long-term Care Board; Staggered Terms; Approval of Expenses. Amend RSA 126-L:3, II and III to read as follows:

II.(a) The initial terms of office shall be as follows: one member in subparagraph I(a) and the [~~members~~] member in [~~subparagraphs~~] subparagraph I(f) [~~and (j)~~] shall serve for one year. The other member in subparagraph I(a) and the [~~members~~] member in subparagraph [~~I(i) and (l)~~] I(l) shall serve for 2 years; and the members in subparagraphs I(g), (h), (k), and (m) shall serve for 3 years. The other members in subparagraphs I(b)-[~~(e)~~] (d) shall serve terms which are coterminus with their terms in office.

(b) If the board appoints members under subparagraph (n), the initial terms for the first, third, and seventh appointed members shall be 3 years; the initial terms for the second and fifth appointed members shall be 2 years; and the initial term for the sixth appointed member shall be one year.

III. The members shall elect annually from among their number a chairperson and such officers as they may determine. A member shall hold office until a successor has been appointed and qualified. Members shall receive no salary for the performance of their duties under this chapter, but each member shall be reimbursed for reasonable expenses incurred in carrying out duties under this chapter. Any such expenses by board members shall have prior approval by [9] 7 members of the board of directors before reimbursement. A member of the board of directors may be removed for cause.

126-L:4 Meetings of Board. Meetings shall be held at the call of the chairperson or when 5 members so request. [~~Nine~~] Seven members of the board shall constitute a quorum and the affirmative vote of [9] 7 members shall be necessary for any action taken by the corporation. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the institute.

256:7 Task Force Established. There is established a privacy task force to study privacy issues as they pertain to federal law including, but not limited to, the Health Insurance Portability and Accountability Act of 1966 (HIPAA) and the Gramm-Leach-Bliley Act of 1999 (GLBA) and existing state laws relative to privacy issues.

(a) Three members of the house of representatives, appointed by the speaker of the house.

(g) The commissioner of the department of health and human services, or designee.

(k) One representative of each of the following industries, appointed by the governor:

II. Legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

256:9 Duties. The task force shall study privacy issues as they pertain to federal law including, but not limited to, the privacy provisions of the Health Insurance Portability and Accountability Act of 1966 (HIPAA) and the Gramm-Leach-Bliley Act of 1999 (GLBA). The task force shall also include in its study a review of existing state laws relative to privacy issues.

256:10 Chairperson; Quorum. The members of the task force shall elect a chairperson from among the members. The first meeting of the task force shall be called by the first-named house member. The first meeting of the task force shall be held within 45 days of the effective date of this section. Eleven members of the task force shall constitute a quorum.

256:11 Report. The task force shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002, provided that the committee shall make an interim report on or before November 1, 2001.

II. The remainder of this act shall take effect July 1, 2001.

II. Remainder shall take effect July 1, 2001)