CHAPTER He-C 1000 OPIOID ABATEMENT TRUST FUND AND ADVISORY COMMISSION

Statutory Authority: RSA 126-A:83-86

PART He-C 1001 OPIOID ABATEMENT ADVISORY COMMISSION

He-C 1001.01 Purpose. The purpose of this part is to describe the opioid abatement advisory commission established under RSA 126-A:85.

Source. #13396, eff 6-21-22

He-C 1001.02 Definitions.

(a) “Commission” means the opioid abatement trust fund advisory commission.

(b) “Commissioner” means the commissioner of the department of health and human services.

(d) “Trust fund” means the opioid abatement trust fund established in the state treasury pursuant to RSA 126-A:83, I.

Source. #13396, eff 6-21-22

He-C 1001.03 Membership of the Commission.

(a) All members appointed to the commission shall serve in accordance with RSA 126-A:85.

(b) In accordance with RSA 126-A:85, III, a staggered 2-year term means that half of the members are reappointed in the first year of reappointment, while the other half of the members are reappointed in the second year of reappointment so that the commission maintains half of its members each year for consistency and continuity.

Source. #13396, eff 6-21-22

He-C 1001.04 Duties of the Commission.

(a) The commission shall consult with and advise the commissioner on the administration and management of the trust fund, and approve the selection of eligible fund recipients under RSA 126-A:83, II(b).

(b) The commissioner shall approve funding awards, revolving loan funds, and matching funds for qualifying projects from the trust fund under RSA 126-A:83, I, in a manner compliant with RSA 126-A:83-86.

Source. #13396, eff 6-21-22

He-C 1001.05 Meetings of the Commission.

(a) All meetings conducted by the commission shall be in accordance with RSA 126:83-86 and RSA 91-A.

(b) Notice of the time and place of each meeting shall be posted on the commission’s internet webpage, in the department’s brown building lobby, and in the legislative office building.

Source. #13396, eff 6-21-22

He-C 1001.06 Records of the Commission.

(a) Minutes shall be kept of all commission meetings and of all official actions taken by the commission, including records of all funding requests received and funding awards granted.

(b) Meeting minutes shall record those members who participate in each vote and separately record the position of any members who choose to dissent, abstain, or concur.

(c) Commission minutes shall be public records and be available for inspection no later than 5 business days after a commission meeting.

(d) All meeting minutes, attendance rolls and votes, including records of all votes on funding requests and awards, and reports of funding by recipients shall be published on the commission’s website.

(e) The department shall be the custodian of the commission’s records and respond to requests to examine those portions of the commission’s records which are subject to public inspection in accordance with RSA 91-A.

(f) Persons desiring copies of commission records that are not available on the commission’s website shall submit a request in writing to the commission which identifies as particularly as possible the information being sought and pay to cover the costs of the photocopying, at 10 cents per copy, and mailing of the requested records.

(g) Written requests shall be sent to:

Opioid Abatement Advisory Commission

Department of Health and Human Services

129 Pleasant Street

Concord, NH 03301.

Source. #13396, eff 6-21-22

PART He-C 1002 OPIOID ABATEMENT TRUST FUND

He-C 1002.01 Purpose. The purpose of this part is to implement RSA 126-A:83-86 by establishing:

(a) The procedure and criteria applicable to all applicants and governmental entities that seek funding for qualifying opioid abatement projects through the trust fund established pursuant to RSA 126-A:83-86; and

(b) The requirements for completing and reporting on qualifying projects financed through the trust fund.

Source. #13396, eff 6-21-22; ss by #14045, eff 8-17-24

He-C 1002.02 Scope. This part shall apply to all funds disbursed through the trust fund and all applicants and governmental entities receiving funding through the trust fund.

Source. #13396, eff 6-21-22; ss by #14054, eff 8-17-24

He-C 1002.03 Definitions.

(a) “Applicant” means a non-profit or charitable organization registered with the attorney general’s charitable trusts unit that applies for funding from the trust fund.

(b) “Application” means a request for funding submitted by an applicant to the department in response to a request for grant applications or request for proposals issued by the department for opioid abatement trust funds.

(d) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or designee.

(e) "Department" means the New Hampshire department of health and human services.

(f) “Eligible entity” means any non-profit or charitable organization registered with the attorney general’s charitable trusts unit.

(g) “Governmental entity” means any state agency, board, commission, or political subdivision of the state.

(h) “Grant contract” means a written agreement between the state and an applicant setting forth the obligations of the parties under the agreement, including, but not limited to, the performance of the work and the basis of payment, reporting requirements, and any supplemental documents identified in the agreement or incorporated into the agreement.

(i) “Memorandum of understanding” means an agreement between the state and a governmental entity for the purpose of undertaking a qualifying opioid abatement project funded through the trust fund and establishing the business relationship and transaction terms between the state and a governmental entity, including, but not limited to, the performance of the work and the basis of payment, reporting requirements, and any supplemental documents identified or incorporated into the document.

(j) “Project” means any approved project outlined in He-C 1002.04(a).

(k) “Public interest” means protecting the health and safety of the citizens of the state, curtailing negative financial impact to the state, assisting in investigations, or promoting a competitive application process.

(l) “Request for grant application (RFGA)” means an invitation to submit an application by an eligible entity for qualified projects to the department and the commission.

(m) “Request for proposal (RFP)” means “request for proposal” as defined in RSA 21-G:36.

(n) “State” means the state of New Hampshire.

(o) “Trust fund” means the opioid abatement trust fund established in the state treasury pursuant to RSA 126-A:83, I.

Source. #13396, eff 6-21-22; amd by #13897, EMERGENCY RULE, eff 3-4-24, EXPIRES: 8-31-24; ss by #14054, eff 8-17-24

He-C 1002.04 Trust Fund Eligibility Criteria.

(a) For an applicant to be eligible for a funding award from the trust fund, the applicant shall ensure that the proposed project meets one or more of the criteria identified in RSA 126-A:86, I(b).

(b) Applicants shall comply with the application process, as outlined in He-C 1002.05, and supply all required information to be considered for an award.

(c) For a governmental entity to be eligible for a funding award from the trust fund, the governmental entity shall ensure that the proposed project meets one or more of the criteria identified in RSA 126-A:86, I(b).

(d) The commission may, through a memorandum of understanding, award funding from the trust fund to a governmental entity in accordance with RSA 126-A:84, II(b), subject to approval by governor and executive counsel.

(e) By entering into a memorandum of understanding for funding from the trust fund, the governmental entity shall be deemed to have agreed to, from the time of the execution of the memorandum of understanding through all stages of implementation, and at any other time while any funding from the trust fund to the governmental entity is outstanding, providing to the department and the commission for inspection any information requested by the department or the commission to include:

(1) The project and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project; and

(2) Any and all books, accounts, records, contracts, or other instruments, documents, and other information possessed by the governmental entity or its contractors, agents, employees, or representatives which relate in any respect to the receipt, deposit, or expenditure of funds from the trust fund.

Source. #13396, eff 6-21-22; amd by #1389, EMERGENCY RULE, eff 3-4-24, EXPIRES: 8-31-24 ss by #14054, eff 8-17-24

He-C 1002.05 Qualified Applicants and Application Requirements.

(a) Applicants shall complete, sign, and submit an application in response to an RFGA, available from the department, containing the following information:

(1) The applicant’s name, address, and telephone number;

(2) Project name;

(3) The eligibility criteria listed in RSA 126-A:86, I(b) for which a request is being made;

(4) A description of the proposed project and how, specifically, it meets the eligibility criteria of approved uses under RSA 126-A:86, I (b);

(5) A description of the need for the proposed project;

(6) A description of prior or current relevant opioid abatement projects;

(7) An estimate of project costs;

(8) An estimate of the number of people projected to be served by the project;

(9) Anticipated start and end date for the proposed project; and

(10) Any other information required by the RFGA.

(b) The department shall post an RFGA in the same manner it would post a request for application in accordance with RSA 21-G:36-38.

(c) If the commission, due to the complexity of the procurement, chooses to contract through the RFP process rather than submit an RFGA, the RFP process shall follow the requirements of RSA 21-G:36-38.

(d) All information furnished shall be used to determine an applicant’s ability to perform the proposed project and include analysis of:

(1) The current work capacity of the applicant and whether it exceeds the estimated value of the proposed project;

(2) Whether the applicant possesses sufficient equipment and human resources to perform the work under the proposed project; and

(3) Whether the applicant has in the past met or exceeded project performance expectations under a state agreement:

a. In the same area of expertise; and

b. For work of similar or greater complexity as the proposed project for which the applicant has requested an application.

(e) All financial information supplied to the department shall be held in strict confidence, and treated as confidential, commercial, and financial information pursuant to RSA 91-A:5.

Source. #13396, eff 6-21-22

He-C 1002.06 Solicitation and Submission of the Application.

(a) The department shall solicit applications for qualifying projects on each occasion that the balance in the trust fund exceeds $500,000.

(b) The department shall post an RFGA for a minimum of 30 calendar days on the webpage of the department’s bureau of contracts and procurements and on the commission’s webpage.

(d) By applying for funding through the trust fund, the applicant shall be deemed to have agreed to, from the time of first application for funding for a project throughout all stages of implementation, and at any other time while any funding from the trust fund to the applicant is outstanding, providing to the department and the commission for inspection any information requested by the department or the commission to include:

(1) The project and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project for which application is made; and

(2) Any and all books, accounts, records, contracts, or other instruments, documents, and other information possessed by the applicant or its contractors, agents, employees, or representatives which relate in any respect to the receipt, deposit, or expenditure of funds from the trust fund.

Source. #13396, eff 6-21-22

He-C 1002.07 Department Action on Application.

(a) The department shall determine that the applicant’s project is eligible for funding from the trust fund if:

(1) The application is complete;

(2) The applicant is an eligible entity; and

(3) The application meets the requirements specified in the RFGA.

(b) The department shall notify the applicant and the commission in writing within 14 days of determining that the application is complete or incomplete.

(c) If the department determines that the applicant’s project is eligible in accordance with (a) above, the department shall compile all information identified in (d) below and submit all information to the commission.

(d) The information submitted to the commission in accordance with (c) above shall include:

(1) The application along with any and all attachments to the application;

(2) The department’s assessment and scoring of the application as required through the RFGA process and as requested by the commission which shall be:

a. Specific to each RFGA depending upon what criteria, outlined in RSA 126-A:86,I(b), the department is soliciting applications for;

b. Outlined in each RFGA that is posted on the webpages outlined in He-C 1002.06 (b) above; and

c. Based upon the applicant’s:

1. Demonstrated ability;

2. Knowledge;

3. Experience;

4. Capacity to perform the requested services;

5. Proposed process(es) or plan(s) to perform the requested services; or

6. Cost associated with the performance of the requested services;

(3) Information on any current grants or financial assistance the applicant is currently receiving from the department apart from the trust funds that relates to opioid abatement and the applicant’s request for funding;

(4) Information on any audits, investigations, or adverse action taken against the applicant over the previous 3 years related to any type of fraudulent activity or misuse of funds; and

(5) The department’s input regarding grant award dollars based on the response to the RFGA along with the additional information included in this section.

(e) Information in (d) above shall be submitted to the commission within 10 days from completion of all tasks required by (d) above.

(f) If the department determines that the application is incomplete, the department shall state the reason(s) for the determination in the notice sent pursuant to (b) above.

(g) A copy of the notice in (b) above shall be sent to the commission.

(h) In response to being notified that an application is incomplete, the applicant may modify or supplement any information and re-submit the application to the department.

(i) A re-submission of the application in (h) above shall not occur more than 10 days following the notification that the application was incomplete.

(j) If a modified or supplemented application is re-submitted, it shall follow the same review process as a new application.

(k) If a modified or supplemented application is again found incomplete after review, the application shall be denied.

Source. #13396, eff 6-21-22

He-C 1002.08 Commission Review and Approval of Selected Projects.

(a) The commission shall meet no later than 30 days after the department’s submission of qualifying projects to review the selected projects.

(b) The commission shall vote to recommend to governor and executive council or deny each selected project by majority vote.

(d) Upon the close of the commission’s meeting, the commission shall notify the department of all recommended and denied projects.

(e) For any projects that the commission votes to deny, the commission shall, in writing, specify the reason(s) for denial.

(f) The department shall notify each applicant in writing within 30 days of the commission’s meeting of whether the commission has voted to recommend the project to the governor and executive council.

(g) A list of recommended and denied projects shall be posted on the commission’s website.

Source. #13396, eff 6-21-22

He-C 1002.09 Grant Contracts.

(a) Following commission approval, the department and grant recipients shall execute grant contracts for governor and executive council approval.

(b) All grant contracts shall contain the statutory procurement and trust fund requirements including:

(1) Services required as part of the trust fund award;

(2) Compliance with federal and state law including anti-fraud and anti-kickback laws; and

(3) Actions and remedies for breach of grant contract.

(c) No money shall be distributed from the trust fund without a signed grant contract between the grant recipient and the department.

Source. #13396, eff 6-21-22

He-C 1002.10 Confidentiality of Applications. The confidentiality of grant applications shall be governed by RSA 21-G:37, VII.

Source. #13396, eff 6-21-22

He-C 1002.11 Reporting Requirements.

(a) Applicants and governmental entities shall submit an annual report outlined in RSA 126-A:84, IV, to the department, by September 1st of each year.

(b) If the department’s rules, grant contracts, or memoranda of understanding require a more frequent submission, the applicant’s and government entities shall submit the report in (a) above more frequently than once a year. The department shall determine the frequency of submissions based on compliance with the department’s rules, grant contracts, or memoranda of understanding.

(d) All reports submitted to the department shall be separately and clearly labeled with:

(1) The name, mailing address, and physical address of the applicant or governmental entity covered by the report;

(2) The time period covered by the report;

(3) The reporting section in the grant contract or memorandum of understanding that requires the report submittal;

(4) The type of report, using the name of the report as specified in the reporting condition in the grant contract or memorandum of understanding, that is being submitted; and

(5) The date the report was prepared.

(e) An applicant or governmental entity who submits a report that is a revision to a previously submitted report shall clearly identify the previously submitted report with the information specified in (d), above, and indicate which portions of the report have been revised.

(f) Each report submitted by or on behalf of an applicant or governmental entity shall be signed by an authorized official.

(g) The department’s reporting requirements are governed by RSA 126-A:84, subject to receipt of reporting information from the commission and from counties, cities, towns, or programs that receive funds from the trust fund.

Source. #13396, eff 6-21-22; ss by #14054, eff 8-17-24

He-C 1002.12 Administrative Appeals.

(a) An applicant shall have 30 days, after receipt of the department’s decision on his or her application, to appeal that decision.

(b) If an appeal is not filed pursuant to (a) above, the applicant shall be deemed to have waived his or her right to appeal the decision.

Source. #13396, eff 6-21-22

APPENDIX

Rule	Specific State or Federal Statute the Rule Implements
He-C 1001.01	RSA 126-A:85
He-C 1001.02	RSA 126-A:83; RSA 126-A:84; RSA 126-A:85
He-C 1001.03	RSA 126-A:85
He-C 1001.04	RSA 126-A:86
He-C 1001.05	RSA 126-A:83-:86; RSA 91-A
He-C 1001.06	RSA 126-A:85; RSA 126-A:86
He-C 1002.01	RSA 126-A:83-86
He-C 1002.02	RSA 126-A:84
He-C 1002.03	RSA 126-A:83; RSA 126-A:84; RSA 126-A:85; RSA 21-G:36
He-C 1002.04	RSA 126-A:86
He-C 1002.05	RSA 126-A:86; RSA 21-G:36-:38; RSA 91-A:5
He-C 1002.06	RSA 126-A:86
He-C 1002.07	RSA 126-A:84; RSA 126-A:86
He-C 1002.08	RSA 126-A:86
He-C 1002.09	RSA 126-A:86
He-C 1002.10	RSA 21-G:37, VII
He-C 1002.11	RSA 126-A:84
He-C 1002.12	RSA 541-A:31-:36