The health and human services commissioner must adopt rules on the listed program areas, and the department must give a written report before the commissioner uses that rulemaking authority.
The commissioner of the department of health and human services shall adopt rules under RSA 541-A relative to: I. The development, administration and supervision of child welfare services by the department of health and human services under RSA 161:2, II. II. The determination of eligibility for assistance to needy blind persons under RSA 161:2, V. III. The development and operation of social and related service programs under RSA 161:2, XII. IV. The development and administration of the food stamp program under RSA 161:2, XIII, including procedures for waiver of food stamp overpayments. V. The establishment, maintenance and direction of a system of collecting and disbursing court ordered support payments in divorce, nonsupport and support of children of unwed parents cases under RSA 161:2, XVI. VI. The custody, use and preservation of records, papers, files and communications relating to the department of health and human services. VII. The decision of hearings officers appointed under RSA 161:4, IV. VIII. Limitations on the total number of children living in foster care under RSA 161:4, V. VIII-a. The establishment, maintenance, and direction of a reasonable and fair system of recouping payments made in error from child support collected pursuant to RSA 161:2, XVI, or other means as allowed by law. Such system shall include, but shall not be limited to, grounds for appeal on the basis of economic hardship. IX. The implementation of the requirements of federal discretionary grants awarded to the department of health and human services and any other awards received through a successful department of health and human services response to federal requests for applications and requests for proposals. X. Sections 1902 through 1946 of the Social Security Act, 42 U.S.C. section 1396, et seq. that reflect how the Title XIX program will be administered in New Hampshire in order to carry out the purposes of the Title XIX program. Such rules shall be adopted, consistent with the provisions of the Title XIX program, as are necessary for the proper and efficient administration of the Title XIX program in New Hampshire and in conformity with the specific requirements of Title XIX, federal regulations, and other official federal Health and Human Services issuances. Such rules shall include, as applicable, but not be limited to: (a) Recipient eligibility. (b) Provider participation requirements. (c) Types and ranges of services covered and non-covered. (d) Service limits. (e) Co-payment requirements. (f) Prior authorization requirements. (g) Documentation. (h) Third party liability. (i) Utilization review and control. (j) Payment for services. (k) Rate setting methodologies. (l) Administrative and operating procedures such as claim submission requirements, forms, payment limits and adjustments, lock-in, provider suspension and exclusion, board composition, board functions and responsibilities, appeals, dispensing limitations, prescription certifications, documentation retention policies, and informing requirements. (m) Any other item necessary for proper operation of the title XIX program consistent with efficiency, economy, and quality of care. XI. Requiring service providers and facilities to maintain liability insurance, as necessary. XI-a. The implementation of SNAP incentive programs under RSA 161:2, XIII-a. XII. Any other matters necessary to implement his or her duties under RSA 161 or any other law delegating the commissioner rulemaking authority. As a condition of the commissioner invoking his or her rulemaking authority under this paragraph, the department of health and human services shall provide a written report detailing the necessity for the proposed rule as set forth in the rulemaking notice, to include any fiscal impact and or policy implications related to the adoption of the proposed rule, to the house and senate executive departments and administration committees, the house and senate finance committees, the joint legislative committee on administrative rules, the oversight committee on health and human services, and the fiscal committee of the general court. Source: Source. 1983, 242:2; 291:1, II. 1992, 270:1. 1995, 310:181-183. 2006, 85:2. 2012, 171:10, eff. Aug. 10, 2012. 2021, 91:402, eff. July 1, 2021.