hb 1372

CHAPTER 101

HB 1372-FN - FINAL VERSION

AN ACT relative to certain residential care facilities.

SPONSORS: Rep. Millham, Belk 4; Rep. Sargent, Hills 3; Rep. Case, Rock 2; Rep. Batula, Hills 18

This bill requires the commissioner of the department of health and human services to establish a certification program by rule to certify facilities offering services beyond room and board to one individual in a residential setting.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to certain residential care facilities.

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

101:1 New Paragraph; Rulemaking; Certification of Certain Facilities. Amend RSA 151:9 by inserting after paragraph VII the following new paragraph:

VIII. The commissioner of the department of health and human services shall establish a program, by rule, to certify facilities that provide services to one individual, beyond room and board care, in a residential setting, as an alternative to nursing facility care, which offers residents a home-like living arrangement, social, health, or medical services, including, but not limited to, medical or nursing supervision, medical care or treatment by appropriately trained or licensed individuals, assistance in daily living, or protective care.

101:2 Rulemaking; Certification of Certain Facilities. Amend RSA 151:2, IV to read as follows:

IV. [~~Licensing~~] Rules for residential care facilities and supported residential care facilities, as defined in rules adopted by the department pursuant to RSA 541-A, which are licensed pursuant to RSA 151:2, I(e) or certified in accordance with RSA 151:9, VIII, shall permit such facilities to admit residents who have been determined eligible for nursing facility services under a medicaid home and community-based care waiver for the elderly and chronically ill and who have been referred to such a facility as an alternative to placement in a nursing facility, provided that the clinical services and supports required by the person can be provided or obtained in the facility. No bed may be licensed in both the nursing facility and residential care facility categories at the same time.

101:3 Definition; Long-Term Care Residential Care Facility. Amend RSA 151-E:2, VIII to read as follows:

VIII. "Residential care facility" means a facility, including a supported residential care facility, which provides services to 2 or more individuals, beyond room and board care, in a residential setting, as an alternative to nursing facility care, which offers residents home-like living arrangements, social, health, or medical services, including but not limited to, medical or nursing supervision, or medical care or treatment by appropriately trained or licensed individuals, assistance in daily living, or protective care. "Residential care facility" shall also include a facility certified in accordance with RSA 151:9, VIII.