Capitol Happenings: Legislative News & Updates

Legislative Wrap-Up

Maximum Age for Special Education

The Legislature has passed two identical bills (HB 1513 and SB 394) clarifying the definition of “child with a disability” to include persons up to 21 years (inclusive) of age. The bills are on route to the Governor. These bills change current law to make it clear that students up to 21 years (inclusive) of age may stay enrolled in special education. The bill also provides for reimbursement from the department of education for special education costs for students over age 21 (inclusive) until their 22nd birthday and provides funding therefor.

Both bills are effective upon passage (the day they are signed by the Governor). If both bills are signed, the bill that is signed last (most recent) is the law.

Pilot Program for 18-21 Year Olds

Since 2019, there have been various legislative attempts to amend RSA 171-a, relative to school enrollment status, an individual’s age and how those two factors may affect DD Medicaid waiver eligibility.

As a result of these discussions and several court cases, DHHS elected (without legislative direction) to update their administrative rules. This change made it clear that when an individual is deemed eligible for developmental services and graduates or exits the school system (regardless of their age) they are entitled to Medicaid waiver funding within 90 days.

Since 2020, we have seen several legislative attempts to take this issue a step further by changing RSA 171-a to state that individuals between the ages of 18-21 who are still enrolled in school may be entitled to developmental services Medicaid waiver. These past legislative efforts have not become law.

The rationale of the supporters of this effort (DHHS and DRC) is that in some circumstances, an individual’s needs cannot be met by the local school district, the In-Home Support Waiver, Family Support, Respite or other state or local services. Because of this, DHHS requested SB 430 in 2022. One section of the bill establishes a pilot program for individuals with developmental disabilities who are between ages 18-21 and are enrolled in school.

HB 1661 (new bill) also provides new authority to DHHS to assign responsibility of services to local school districts or other state agencies. This is a vast improvement to the current situation.

Before the 2022 legislative session, a workgroup on this issue was formed; however, the findings of that workgroup were not unanimous. The workgroup included: DHHS, CSNI, DRC and the DOE.

The Area Agencies proposed a compromise which is now contained in HB 1661. Many Area Agencies have concerns about system capacity and building infrastructure around the opening of a new portal of eligibility, especially when so many existing providers and families are struggling with workforce issues.

Establishing a Dental Benefit Under the State Medicaid Program — One Step Closer to Reality

The Legislature has passed two identical bills on this issue. Both bills are on route to the Governor: HB 103 and SB 422. It is expected that the Governor will sign the bills.

Both bills require DHHS to contract with managed care organizations to extend dental benefits under the Medicaid program to individuals 21 years of age and over. The program will cover, diagnostic and preventive dental services including an annual comprehensive oral examination, necessary x-rays or other imaging, prophylaxis, topical fluoride, oral hygiene instruction, behavior management and smoking cessation counseling, and other services.

Once the bill is signed into law, DHHS must:

• Release a request for information no later than August 1, 2022.
• Submit a state plan amendment to CMS within the quarter of the program’s effective date.
• Implement a dental contract beginning on April 1, 20223.

Both bills are effective upon passage (the day they are signed by the Governor). If both bills are signed, the bill that is signed last (most recent) is the law.

Case Management Legislation Killed

CSNI had serious concerns with SB 333, as amended by the Senate. The bill sought to define and regulate case management services providers as a type of home health care provider under RSA 151:2-b. The legislation has been killed.

Employer Vaccine Mandate Legislation Killed

HB 1210 would have prevented any organization that receives public funding in any form and in any dollar amount from having the option to require vaccination as a condition of employment. Despite some last-minute maneuvers by the NH House, this language is not moving forward in this bill or any others.

Bills Signed by the Governor

HB1016
This bill provides that any person practicing speech-language pathology within certain educational settings must be licensed as a speech-language pathologist. The bill also eliminates certification of speech-language specialists by the department of education. The bill provides that any person currently certified as a speech-language specialist by the department of education may continue to practice in such capacity. It has been signed by the Governor and shall take effect June 18, 2022.

HB1214
This bill eliminates fees for walking disability placards, has passed both the House and Senate, and was signed into law by the Governor and went into effect May 3.

HB1659-FN
This bill is relative to criminal history background checks for certain health care workers. This bill, amended and adopted by both bodies

SB423*
This bill is relative to a closed loop referral system in the department of health and human services.

SB 439-FN*
This bill is relative to the brain and spinal cord injury advisory council and community-based support program. Since its formation, the council has positions of voting members that have never been filled. In spite of the difficulty to achieve a quorum, this hard-working group of individuals has been performing the duties assigned by the legislature. They have also identified and streamlined the actual needs of their community. This bill will eliminate unneeded voting members and will repeal certain duties that have been found to be unnecessary.

Enrolled Bills

Bills that Passed both House and Senate and are currently enrolled (an administrative process to check bills for clerical errors). These bills may be presented to the governor for signature throughout the next 4-8 weeks.

HB103–FN and SB 422-FN
These two bills are both relative to establishing an adult dental benefit under the state Medicaid program. These bill are currently enrolled and the governor will have five working days to sign once the bill reaches his desk. The bill that is signed last by the Governor is the bill that prevails/becomes statute.

HB1513-FN and SB394-FN
HB1513 and SB394 both modify the definition of “child with a disability” to include persons from the age of 3 to the age attained at the end of the school calendar year during which the student turns age 21. As with the Medicaid Dental benefit bills, the last of the two bills (if both are signed by the Governor) will become statute. This bill will go into effect immediately and could have impacts on the adult waiver process

HB1594
This bill is relative to assistance to certain students with disabilities in registering to vote. This bill is relative to students who are 17 years or older and have an individualized education program (IEP) or accommodations under Section 504 of the Rehabilitation Act of 1973. It requires their teams to discuss including voter registration as a goal or competency in these student’s IEP or 504 plans.

HB 1624
This bill if signed into law will require the department of education to review the consolidated state plan to ensure that school districts establish unified co-curricular activities and makes an appropriation for the purposes of the bill to ensure that sufficient funds are used to encourage and establish unified co-curricular activities in schools that currently have no unified program. For each biennium, the department may expend up to $50,000 for distribution to school districts for the primary purpose of funding first-year operational expenses of equipment and/or uniforms only for unified co-curricular activities. The amount of any grant shall be no more than $4,000 per program.  Any funds remaining shall be distributed to school districts with existing unified co-curricular programs to fund grants to replace existing equipment and/or uniforms for existing unified co-curricular programs.

HB1661
The language from SB430 (killed) was added by amendment to SB430 (an omnibus bill). SB430 was to create a pilot program to be on the adult waiver (for 18-21 year-olds).

SB385
This bill is relative to financial exploitation of vulnerable adults and establishes the duties and procedures relative to the financial exploitation of vulnerable adults.

SB381-FN-A*
This bill would establish an office of the advocate for special education.

SB444-FN*
This bill is relative to childhood adverse experiences treatment and prevention. Specifically, it will create a pilot program for young children and their families within the current Medicaid Systems of Care program, it will strengthen the network of Family Resource Centers, and it will assist in state-wide training of mental health clinicians in Child Parent Psychotherapy (CPP), an evidence-based early intervention program.

Federal News of Note

“Disability Policy News” from the Association of University Centers on Disability
May 31 Issue

• U.S. Department of Education (U.S.DOE) announces intent to strengthen and protect rights for students with disabilities by Amending Regulations Implementing Section 504. As part of the development of the proposed amendments to the Section 504 regulations, the U.S.DOE is soliciting public input. The Department will also hold listening sessions in the coming months. Also, Syracuse University Special Education and legal professors weigh in. Comments are being accepted through the end of June.
• ABLE Act
  Federal legislation to increase the age of eligibility for the Achieving Better Life Experience (ABLE) Act of 2014 from 26 to 46. he ABLE Act lets people with disabilities who became disabled before age 26 to save money. The ABLE Age Adjustment Act would change the law so that a person with a disability before age 46 could have an ABLE account to save money. An ABLE account lets people with disabilities save money to become more financially independent. The ABLE Act provides people with disabilities a way to save money through a savings account that is free from taxes. The ABLE Age Adjustment Act would make anyone whose disability began before age 46 eligible for an account. Information about NH’s program is available here.