CHAPTER 214
HB 1635-FN-A – FINAL VERSION
05/15/14 1809s
4Jun2014… 1996CofC
2014 SESSION
09/10
HOUSE BILL 1635-FN-A
AN ACT relative to community mental health programs and making appropriations therefor and relative to disposition of funds obtained by the attorney general.
SPONSORS: Rep. Wallner, Merr 10; Rep. Nordgren, Graf 12; Sen. Larsen, Dist 15; Sen. D'Allesandro, Dist 20
This bill makes appropriations to the department of health and human services and the department of justice to pay costs related to mental health services in integrated community settings pursuant to a comprehensive settlement agreement with the United States Department of Justice.
This bill also:
I. Requires the fiscal committee of the general court to approve the expenditure or distribution of monetary settlements received by the state.
II. Requires the deposit of a portion of judgments over a specified amount in the revenue stabilization reserve account.
III. Requires the attorney general to submit a report to the fiscal committee of the general court relative to all legal settlements received by the state.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/15/14 1809s
4Jun2014… 1996CofC
14-2851 09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to community mental health programs and making appropriations therefor and relative to disposition of funds obtained by the attorney general.
Be it Enacted by the Senate and House of Representatives in General Court convened:
214:1 Department of Health and Human Services; Appropriation for Mental Health Services.
I. In addition to any other sums appropriated for fiscal years 2014 and 2015, the sum of $517,458 for the fiscal year ending June 30, 2014, and the sum of $8,549,419 for the fiscal year ending June 30, 2015 are hereby appropriated to the department of health and human services. These appropriations shall be a charge against funds specified as follows:
05 Health and Social Services
95 Department of Health and Human Services
9200 Division of Behavioral Health
5945 CMH Program Support Fiscal Year 2014 Fiscal Year 2015
010 Personal Services-Prem. Classified $122,967 $254,297
060 Benefits $56,991 $120,116
103 Contracts for Operational Services $337,500 $8,175,007
TOTAL: $517,458 $8,549,419
Estimated Source of Funds
Federal Funds $187,985 $2,852,822
General Funds $329,473 $5,696,597
Total Source of Funds $517,458 $8,549,419
II. The appropriations in paragraph I shall be made available for the sole purpose of expanding and enhancing mental health service capacity in integrated community settings pursuant to the comprehensive settlement agreement with the United States Department of Justice concerning Amanda D., et al. v. Hassan, et al.; United States v. New Hampshire, No.1:12-CV-53 (SM) and in accordance with RSA 14:35-b. The governor is hereby authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated. General fund moneys appropriated under this paragraph may be offset by funds received from the Medicaid section 1115 demonstration waiver authorized under RSA 126-A:67. Sums appropriated in this section shall not be expended for any other purpose and shall not lapse.
214:2 New Section; Disposition of Funds Obtained by the Attorney General. Amend RSA 7 by inserting after section 6-d the following new section:
7:6-e Disposition of Funds Obtained by the Attorney General.
I. No money received by the attorney general, on behalf of the state or its citizens as a result of any civil judgment, settlement of a claim, settlement of threatened litigation, suit, petition, or other action or threatened action, shall be expended or otherwise distributed until authorized by the fiscal committee of the general court, except in those instances where the disposition of money received by the attorney general is already provided for in statute. Additionally, whenever the department of justice receives judgment or settlement money in excess of $1,000,000, the first 10 percent of those funds shall be transferred to the revenue stabilization reserve account established in RSA 9:13-e.
II. Upon resolving a matter described in paragraph I, the attorney general shall promptly report to the fiscal committee of the general court any money received under this section. All reports under this paragraph shall include, but shall not be limited to:
(a) The date of the judgment or settlement.
(b) The reason for the judgment or settlement.
(c) The purpose for which the judgment or settlement is to be used.
(d) The amount of the judgment or settlement.
(e) An accounting of the allocation of each judgment or settlement.
III. This section shall not apply to fines received by the attorney general in criminal cases, penalty assessment funds, drug forfeiture funds as provided in RSA 318-B:17-b through RSA 318-B:17-d, fines or civil penalties authorized by state law as a result of enforcement actions taken by state agencies or the attorney general, and money received on behalf of a victim or the state as restitution.
214:3 Effective Date.
I. Section 2 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
Approved: July 11, 2014
Effective Date: I. Section 2 shall take effect September 9, 2014.
II. Remainder effective July 11, 2014.