HOUSE RECORD Second Year of the 165th General Court State of Calendar and Journal of the 2018 Session New Hampshire Web Site Address: www.gencourt.state.nh.us Vol. 40 Concord, N.H. Wednesday, March 21, 2018 No. 9X HOUSE JOURNAL No. 8 (Cont’d) Thursday, March 15, 2018 Rep. Hinch moved that the House adjourn. Motion adopted. HOUSE JOURNAL NO. 9 Wednesday, March 21, 2018 The House assembled at 10:00 a.m., the hour to which it stood adjourned, and was called to order by the Speaker. Prayer was offered by House Clerk, Paul C. Smith. Oh Divine Creator of the universe, the stars, planets, moons, and the spaces in between. We ask You to watch over this assembly of New Hampshire’s State Representatives today and endue them with compassion for their citizens, strength in their convictions, wisdom to vote in a manner they believe is right, and kindness towards each other within and without these hallowed halls. We ask You, the Designer of the spaces in between to remember those in society who fit in between, and lift them up-as no person or groups of people should ever be marginalized. We ask Your blessing on the whole of humanity; that we may live in peace, free from fear, one common race of persons, now and forever. Amen. Representative Victoria Sullivan, member from Manchester, led the Pledge of Allegiance. The National Anthem was sung by Rachel Galante of Manchester. LEAVES OF ABSENCE Reps. Carr, Cote, Elizabeth Edwards, Hoell, Hull, McBeath, Suzanne Smith and Robert Walsh, the day, illness. Reps. Ayala, Dean-Bailey, DeSimone, Dowling, Barbara Griffin, Hellwig, Horgan, Kotowski, Josh Moore, Morrison, Nasser, O’Neil, William Pearson, Rimol, Schwaegler, Timothy Smith, St. Clair, Rio Tilton, Thomas Walsh and Dan Wolf, the day, important business. Reps. Ebel and Mangipudi, the day, illness in the family. INTRODUCTION OF GUESTS Prescott Herzog, student from Stevens High School, Page for the day. Linda Galante, Mother of the Singer, guest of Rep. Victoria Sullivan. Christopher and Finn Maidment, guests of Rep. Negron. Dani Lavine, guest of Rep. Rosenwald. Randy Scott McNally, Husband of Rep. McNally. Fourth grade students from Mount Saint Mary Academy in Manchester, guests of Rep. Beaulieu. SENATE MESSAGE REQUESTS CONCURRENCE WITH AMENDMENTS HB 1370, relative to a school’s emergency management plan. (Amendment printed SJ 3/8/18) Rep. Ladd moved that the House concur and spoke in favor. Motion adopted. HB 549-FN, relative to beverage vendor fees. (Amendment printed SJ 2/1/18) Rep. Hunt moved that the House nonconcur and request a Committee of Conference. Motion adopted. The Speaker appointed Reps. Hunt, Biggie, Fromuth and Williams. 2 21 MARCH 2018 HOUSE RECORD CONSENT CALENDAR Rep. Hinch moved that the Consent Calendar with the relevant amendments as printed in the day’s House Record be adopted. HB 656-FN-A-L, relative to the legalization and regulation of marijuana, removed by Rep. Cushing. HB 1819-FN, relative to administration of the education tax credit, removed by Rep. Kurk. Consent Calendar adopted. HB 1471-FN, relative to telemedicine. OUGHT TO PASS WITH AMENDMENT. Rep. Edward Butler for Commerce and Consumer Affairs. This bill passed the House Health, Human Services and Elderly Affairs Committee with a strong recommendation of Ought to Pass with Amendment and passed the House on a voice vote. The job of the Commerce and Consumer Affairs Committee was to look at the is- sue of payment and insurance coverage and we simply did not have enough time to deliberate all aspects of this complex issue. Currently reimbursement for telemedicine services is made at a singular discount even though, at times, the cost to the provider is the same as if the service is provided in the clinical setting. But at times, significant efficiencies and savings can be achieved through the provision of telemedicine services. So, the Commerce and Consumer Affairs Committee decided to create a study committee to further explore the issue of reimbursement. We made no other changes to the body of the bill. Vote 16-0. Amendment (1122h) Amend the title of the bill by replacing it with the following: AN ACT relative to telemedicine and establishing a committee to study health care reimbursement for telemedicine and telehealth. Amend the bill by replacing all after section 2 with the following: 3 Coverage for Telemedicine Services. Amend RSA 415-J:3, I to read as follows: I. It is the intent of the general court to recognize the application of telemedicine for covered services provided within the scope of practice of a physician or other health care provider as a method of delivery of medical care by which an individual at an originating site shall receive medical services which are clinically appropriate for delivery through telemedicine from a health care provider at a distant site without in-person contact with the provider. 4 Committee Established. There is established a committee to study health care reimbursement for tele- medicine and telehealth. 5 Membership and Compensation. I. The members of the committee shall be as follows: (a) Four members of the house of representatives, at least one of whom shall be a member of the commerce and consumer affairs committee and one of whom shall be from the health, human services and elderly affairs committee, appointed by the speaker of the house of representatives. (b) One member of the senate, appointed by the president of the senate. II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. 6 Duties. The committee shall study health care reimbursement for telemedicine and telehealth. The committee shall solicit information and testimony from any individual or entity the committee deems relevant to its study. 7 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum. 8 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2018. 9 Effective Date. I. Sections 1-3 of this act shall take effect 60 days after its passage. II. The remainder of this act shall take effect upon its passage. AMENDED ANALYSIS This bill clarifies the law relating to telemedicine services. This bill also establishes a committee to study health care reimbursement for telemedicine and telehealth. HB 407-FN, requiring workers’ compensation to cover prophylactic treatment for exposure. OUGHT TO PASS WITH AMENDMENT. Rep. J. Tracy Emerick for Finance. This bill requires workers’ compensation to cover prophylactic treatment for an identified occupational exposure for first responders, which is critically needed coverage for those who respond to a variety of scenes from car accidents to responding to a simple 911 call or to a greater tragedy. The bill adds hepatitis C virus to the already previously identified bloodborne diseases eligible for prophylactic 21 MARCH 2018 HOUSE RECORD 3 treatment. It adds a new paragraph that establishes such treatment for airborne diseases. The definition for post-exposure prophylaxis treatment was added. This treatment means preventive medical treatment started after an identified critical exposure or unprotected exposure in order to prevent infection and the development of disease. Expenses associated with the medical evaluation and recommended post-exposure prophylaxis treatment for emergency responders, county and state corrections officers and public safety workers should be paid by the employer’s insurance carrier or third-party administrator and such treatment will be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed bloodborne disease of airborne disease to such workers. Vote 26-0. Amendment (2453h) Amend the bill by replacing all after the enacting clause with the following: 1 Workers’ Compensation; Medical, Hospital, and Remedial Care. Amend RSA 281-A:23, VI to read as follows: VI. An employer subject to this chapter, or the employer’s insurance carrier, may furnish or cause to be furnished, testing for the presence of a bloodborne disease when a critical exposure that arises out of and in the course of employment occurs. Such testing shall be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed bloodborne disease to the employee’s work and without prejudice to the compensability of the bloodborne disease as an occupational disease or an accidental injury for the purposes of RSA 281-A. Notwithstanding the foregoing, any costs for testing associated with a testing order issued pur- suant to RSA 141-G:11 shall be paid for by the employer’s insurance carrier. Such payment shall be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed disease or injury. In addition, all expenses associated with evaluation and care provided pursuant to RSA 141-G includ- ing prophylactic treatment shall be paid for by the employer’s insurance carrier. 2 Effective Date. This act shall take effect January 1, 2019. AMENDED ANALYSIS This bill requires workers’ compensation to cover prophylactic treatment for an identified occupational exposure pursuant to RSA 141-G. HB 609-FN-A, establishing a student career and college investment program and making an appropriation therefor. REFER FOR INTERIM STUDY. Rep. Daniel Eaton for Finance. This bill would offer financial literacy training along with the option of educational savings accounts.