Committee Summary for Senate Health and Human Services (01/22/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:05:51.000 - 8:04:57 AM	General Working Session	Unclear
SB47 01:02:45.000 - 9:01:51 AM	Public Hearing	requiring certain health insurance policies of a birth mother to provide coverage for a newly born child from the moment of birth.	Birdsell, Regina(R)[C+]2024
SB36 01:25:14.040 - 9:24:20 AM	Public Hearing	relative to the collection and reporting of abortion statistics by health care providers and medical facilities.	Avard, Kevin(R)[C+]2024
SB36 01:39:16.760 - 9:38:22 AM	Executive Session	relative to the collection and reporting of abortion statistics by health care providers and medical facilities.	Avard, Kevin(R)[C+]2024
SB36 01:44:04.239 - 9:43:10 AM	Public Hearing	relative to the collection and reporting of abortion statistics by health care providers and medical facilities.	Avard, Kevin(R)[C+]2024
SB47 02:40:08.120 - 10:39:14 AM	Executive Session	requiring certain health insurance policies of a birth mother to provide coverage for a newly born child from the moment of birth.	Birdsell, Regina(R)[C+]2024

Unclear: Lori Weber, Commissioner for Health and Human Services Information Only00:05:51.000 - 8:04:57 AM; Lori Weber, the Commissioner for Health and Human Services, provided an overview of the department's activities and priorities. She highlighted the department's mission, vision, and values, emphasizing their goal of achieving optimal health and well-being for everyone in the state. Weber discussed the department's large organizational structure, which constitutes 53% of the state's general fund budget and a quarter of all state employees. She outlined the department's strategic framework, the 'HHS Road Map', which focuses on culture, community, and customer service. This roadmap includes short, medium, and long-term goals and is developed in collaboration with internal and external stakeholders. Weber also detailed efforts to reduce vacancy rates from 22% to 14.7% through innovative recruitment strategies and improved retention efforts, including student loan repayment programs and signing bonuses.
Unclear: Katina Fox, Director of the Division for Behavioral Health Information Only01:18:25.280 - 9:17:31 AM; Katina Fox, the Director of the Division for Behavioral Health, discussed 'Mission Zero', an initiative aimed at eliminating emergency department boarding for psychiatric care. She explained that this issue has been persistent in New Hampshire for over a decade due to the lack of available beds in designated receiving facilities. Fox outlined strategies to address this, including the establishment of certified community behavioral health clinics, community-based crisis stabilization centers, and the expansion of designated receiving facility beds. She also highlighted the importance of transitional housing and landlord incentives to support individuals transitioning from psychiatric care back into the community.
Unclear: Henry Litman, State's Medicaid Director Information Only00:36:32.359 - 8:35:38 AM; Henry Litman, the state's Medicaid Director, focused on initiatives related to healthy mothers and babies and community re-entry for incarcerated individuals. He emphasized the importance of early prenatal care and the legislative policy that extended postpartum coverage to 12 months, which significantly helps address maternal health issues. Litman discussed Medicaid's role in supporting successful transitions into the community for incarcerated individuals, mentioning new federal waivers that allow Medicaid services up to 45 days prior to release to address mental health and substance use disorders. He highlighted ongoing collaborations with counties and the Department of Corrections to implement these initiatives effectively.
Unclear: Melissa Hardy, Division Director for Long-Term Supports and Services Information Only00:47:22.599 - 8:46:28 AM; Melissa Hardy, the Division Director for Long-Term Supports and Services, provided updates on the system of care for healthy aging as outlined in HB2 of 2023. She discussed completed rate studies for the Choices for Independence waiver, financial eligibility changes such as spousal impoverishment and income disregard, and the reduction of the Medicaid look-back period from five to three years. Hardy also mentioned a pending presumptive eligibility waiver amendment to CMS and efforts to expand the definition of personal care providers. Additionally, she highlighted investments in aging and disability resource centers and IT enhancements to improve service delivery and access.
Unclear: LeAndre, Associate Commissioner Information Only00:58:56.400 - 8:58:02 AM; LeAndre, the Associate Commissioner, emphasized the department's commitment to improving customer service for individuals and provider partners. She outlined five initiatives aimed at enhancing internal processes and systems to deliver better services. LeAndre highlighted a year-long partnership with the Center for Nonprofits to address pain points in the contracting and payment processes with providers. This initiative focuses on operational excellence and improving the department's efficiency and effectiveness in service delivery.
SB47: Regina Bartell, State Senator for District 19 (Derry, Hampstead, Windham) Support01:02:45.000 - 9:01:51 AM; Regina Bartell, the prime sponsor of Senate Bill 47, introduced the bill at the request of the insurance department. She explained that the bill aims to insert clarifying language into RSA 415:22 to ensure that newborn children are covered under their parents' insurance policy from the moment of birth until the first 31 days of life, as originally intended by the statute enacted in 1975. Bartell noted that the insurance department has provided guidance on the statute over the years, and this bill seeks to codify that guidance.
SB47: Michelle Heaton, Director of Life and Health at the New Hampshire Insurance Department Support01:04:35.960 - 9:03:41 AM; Michelle Heaton provided detailed information on Senate Bill 47, explaining that the bill aims to clarify how newborn children are covered under their parents' insurance policy for the first 31 days of life. She highlighted that the bill addresses issues such as cost-sharing during the birth mother's hospital stay, ensuring that no additional cost-sharing is assessed for the newborn. Heaton also clarified that any cost-sharing collected for services provided to the child during this period should go to the parents' accumulators, and no additional premium should be collected. She noted that while the process is generally seamless, the bill seeks to resolve any confusion or nuances that arise in specific situations.
SB47: Brianna Hankle, Legal Policy Fellow at New Futures Support01:17:32.040 - 9:16:38 AM; Brianna Hankle from New Futures supports SB47, emphasizing that the bill helps clarify the current statute, thereby reducing burdens on families and ensuring coverage for infants for the first 31 days after birth. She highlighted the critical nature of immediate post-birth treatment and screenings for infants, which can significantly impact their future health and well-being.
SB47: Paula Rogers, representing AHIP (Association of Health Plans) Information Only01:18:27.679 - 9:17:33 AM; Paula Rogers, representing AHIP, initially did not plan to speak but addressed some concerns regarding the bill's language. She noted that insurers have been accommodating the existing law and that the bill aims to clarify issues around coverage for newborns within the first 31 days. She expressed concerns about the draft's implications on coordination of benefits, especially in non-routine newborn situations, and suggested further discussion with the Department to clarify these aspects. She also mentioned a concern about the effective date of the bill, suggesting it be moved to January 1st for compliance purposes.
SB36: Senator Kevin Avard, District 12 Support01:25:14.040 - 9:24:20 AM; Senator Kevin Avard, the prime sponsor of SB36, introduced the bill to collect anonymous abortion statistics in New Hampshire, similar to 46 other states. He stressed the necessity of accurate data to counter misrepresentations by abortion providers about their practices, such as the routine use of ultrasounds and the frequency of late-term abortions. He mentioned a need for an amendment to include penalties for violations and emphasized the bill's commitment to patient privacy. He also discussed concerns about sex trafficking and the importance of knowing the state of residence of patients to address this issue.
SB36: Representative Linda Gould, District 2, Bedford Support01:40:45.040 - 9:39:51 AM; Representative Linda Gould from Bedford expressed support for SB36, emphasizing the importance of collecting statistics on abortions. She provided handouts on the topic but did not elaborate further on the content of the bill.
SB36: Representative Janine Under, Hillsboro 12, Merrimack Support01:41:34.880 - 9:40:40 AM; Representative Janine Under from Merrimack supported SB36, having previously prime sponsored similar legislation. She addressed concerns about privacy in small towns by suggesting that data be aggregated by county. She shared previous testimony from Denise Burke, emphasizing the need for comprehensive abortion data to understand and address the safety and complications of abortion procedures in New Hampshire.
SB36: Committee Information Only01:39:16.760 - 9:38:22 AM; During the executive session, the committee discussed SB36, focusing on procedural aspects. They requested a fiscal note from the LBA for the bill and moved to come out of the executive session to continue the public hearing.
SB36: Patricia Tilly, Associate Commissioner at the Department of Health and Human Services Information Only01:44:04.239 - 9:43:10 AM; Patricia Tilly provided detailed testimony on Senate Bill 36, which aims to redefine reporting requirements within the Fetal Life Protection Act (RSA 329:44-49). She explained that the bill would require the development of a new data reporting system for all terminated pregnancies, which would be costly and require a HIPAA-compliant electronic data system estimated at around $950,000. Additionally, Tilly highlighted potential technical errors in the bill's reference to RSA sections and suggested clarifications on terms like 'place' and 'gestational age' to be 'estimated gestational age' for better compliance and privacy. She also mentioned the need for additional staff to manage and analyze the data and raised concerns about the immediate implementation of the bill, suggesting a delay would be necessary for system development and facility preparation.
SB36: Senator Bidel Information Only01:53:23.360 - 9:52:29 AM; Senator Bidel asked about the difference in data collection between cancer and abortion procedures, seeking to understand the legislative authority and funding behind data collection systems. Patricia Tilly responded by explaining the existing authority and funding for cancer data collection, contrasting it with the lack of authority for collecting abortion data, and the need for a separate system to accurately report on abortions.
SB36: Senator Long Information Only01:56:27.719 - 9:55:33 AM; Senator Long sought clarification on whether the Department of Health and Human Services (DHHS) had refused to collect data, which Tilly clarified was not the case but rather a lack of statutory authority. He also inquired about reporting data at an aggregate level to protect privacy, to which Tilly agreed that while the department would need line-level data for analysis, public reporting would be at an aggregate level.
SB36: Unidentified Senator Information Only01:58:04.280 - 9:57:10 AM; An unidentified senator asked if it would streamline efforts to put the data collection under DHHS instead of involving the Office of Professional Licensure and Certification (OPLC). Tilly explained that typically, directions to providers come from OPLC, while data collection resides with DHHS, but it's something to consider for streamlining. The senator also asked about reducing data granularity to be HIPAA compliant, and Tilly responded that less granular data would provide less meaningful analysis.
SB36: Courtney Tanner, Senior Director of Government Relations at Dartmouth Health Information Only02:01:16.400 - 10:00:22 AM; Courtney Tanner discussed Dartmouth Health's involvement in maternal health and reproductive care, including participation in cancer and vaccine registries. She expressed concerns about patient privacy and provider safety with the proposed abortion data collection system, emphasizing the small number of late-term abortions in New Hampshire and the potential for data to be used to identify individuals. Tanner offered to work on the bill with the committee to address these concerns.
SB36: Courtney Reid, Policy Advocate with the ACLU of New Hampshire Oppose02:07:34.480 - 10:06:40 AM; Courtney Reid testified in opposition to SB36, focusing on privacy concerns. She cited past data breaches in New Hampshire and the risks associated with reidentification of even anonymized data in a rural state. Reid highlighted the potential for data to be used in criminal proceedings against patients and providers in other states, emphasizing the lack of clarity in the bill about public data access and the absence of a 'right to know' exemption. She urged the committee to consider inexpedient to legislate, citing the state's strong privacy values as reflected in the state constitution.
SB36: Liz Canada, Advocacy Director at Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund Information Only02:11:40.920 - 10:10:46 AM; Liz Canada expressed appreciation for the committee's work on SB36 and emphasized Planned Parenthood's commitment to following state laws. She mentioned that Planned Parenthood does not have a position on the bill yet but provided background information and raised concerns about privacy and data security. She suggested that the bill should focus on aggregate data to ensure privacy, including changing location specifics to county level, date specifics to month, and using age ranges. She also recommended specifying instate versus out-of-state patients, setting fixed dates for data submission, and removing individualized medication data as it does not contribute to vital statistics. She highlighted that Planned Parenthood voluntarily submits data to the Guttmacher Institute and is willing to assist in refining the bill.
SB36: Ian Huitt, Counsel for Cornerstone Information Only02:22:51.120 - 10:21:57 AM; Ian Huitt stated that abortion statistics are not a key priority for Cornerstone this year but highlighted two critical changes needed for the bill. First, he suggested revising the definition of abortion to include a broader definition from RSA 132:32 to ensure more comprehensive reporting. Second, he emphasized the necessity of including penalties in the bill to ensure compliance and prevent manipulation of data. He used the example of the 2022 Patients Bill of Rights to illustrate the ineffectiveness of inadequate penalties and suggested a Class A misdemeanor with a $10,000 fine per non-report as a deterrent.
SB36: Jason Hennessy, New Hampshire Right to Life Support02:26:25.080 - 10:25:31 AM; Jason Hennessy testified in favor of SB36, stating that New Hampshire Right to Life supports the need for comprehensive abortion statistics. He outlined the importance of the data for understanding the effectiveness of contraception programs, measuring the safety of abortion procedures, and tracking the total number of pregnancies. Hennessy commended the bill's privacy protections and mentioned that similar data collection in other states like Maine, Vermont, and Massachusetts has not led to any reported harm. He suggested changes to the bill, including targeting a different section of chapter 329, reporting post-abortion complications, including penalties, covering both surgical and medication abortions, and including ectopic pregnancies in the data collection.
SB36: Janelle Hall, Equality Health Center, Concord Oppose02:31:52.399 - 10:30:58 AM; Janelle Hall, speaking on behalf of Sandy Denor from the Lovering Health Center, expressed opposition to SB36. She highlighted that Lovering Health Center, with 45 years of experience, is directly impacted by the bill. Hall argued that SB36 poses a threat to both providers and patients by requiring the reporting of a patient's state of residence in an increasingly hostile legal environment without a shield law. She noted the potential for states with abortion bans to pursue and prosecute across state lines, which could lead to the identification and criminalization of both patients and providers. Hall also criticized the bill for its potential to compromise patient privacy and clinic safety through the detailed reporting of abortions, including exact dates, places, and methods. She emphasized the lack of clear intent in SB36 to positively impact public health and questioned the necessity and safety of the proposed data collection. Hall mentioned that Lovering Health Center voluntarily reports data to national organizations and expressed concern over the defunding of Title 10 Family Planning contracts, suggesting a lack of collaborative impact on public health strategies. She concluded by urging the committee to vote SB36 as inexpedient to legislate due to its potential harmful impacts.
SB47: Committee Members Information Only02:40:08.120 - 10:39:14 AM; During the executive session on SB47, a motion was made and seconded to amend the effective date of the bill to January 1st, 2026. Following the amendment, a motion was made for the bill to 'ought to pass as amended'. The committee voted in favor of the amendment and the bill as amended, with no opposition recorded. There was a brief discussion about the process of moving the bill to consent and the potential for it to be pulled off consent for further discussion if needed.

Rochefort, David(Chairman)(R)	Avard, Kevin(V Chairman)(R)[C+]2024	Birdsell, Regina(R)[C+]2024
Prentiss, Suzanne(D)[F]2024	Long, Pat(D)