04/10/03 1130s

2003 SESSION

03-1159

05/09

SENATE BILL 190

COMMITTEE: Public Institutions, Health and Human Services

AMENDED ANALYSIS

This bill authorizes the department of health and human services to certify community living facilities on a permanent, temporary, or emergency basis. The bill also authorizes the department to impose administrative fines for violations of the statute or rules governing community living facilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/10/03 1130s

03-1159

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

73:1 Standards and Certification for Community Living Facilities; Imposition of Administrative Fines. Amend RSA 126-A:20 to read as follows:

126-A:20 Standards and Certification for Community Living Facilities.

I. The commissioner shall adopt rules pursuant to RSA 541-A to govern the establishment and operation of community living facilities. The certification of community living facilities shall be based on these rules. Certification of such community living facilities shall be on a permanent, temporary, or emergency basis in accordance with these rules. No placements shall occur in the absence of such certification. The commissioner may withdraw certification at any time the commissioner has reasonable cause to believe that there exist violations of federal, state, or local law or of department rules adopted pursuant to RSA 541-A pertaining to community living facilities.

II. Certifications shall be subject to periodic review and renewal by the commissioner.

III. The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision or rules adopted under this subdivision. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this subdivision. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this subdivision shall be forwarded to the state treasurer to be deposited into the general fund.

73:2 Effective Date. This act shall take effect January 1, 2004.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, May 28, 2003)

(Effective Date: January 1, 2004)