Establishes the position of and regulation of community health workers.

IV.

Provides directives to the department of health and human services.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

CHAPTER 289 SB 403-FN - FINAL VERSION 03/21/2024 1004s 2May2024...

1533h 24-2963 09/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to the health care workforce.

Be it Enacted by the Senate and House of Representatives in General Court convened:

289:1 Purpose and Findings.

I.

The state of New Hampshire shall address the health care workforce shortage through establishing programs designed to incentivize students to seek employment in health care and remain in New Hampshire upon graduation;

removing career-advancement barriers for our dedicated direct care providers;

and equipping health care organizations with the tools necessary to secure skilled clinicians.

Voluntary certification of community health workers will aid in addressing the health care workforce shortage.

II.

Case managers play a critical role in helping individuals access needed medical, social, educational, and other services, and case managers' ability to serve their clients must be preserved.

289:2 Commission on the Interdisciplinary Primary Care Workforce Issues;

Reports.

Amend RSA 126-T:4 to read as follows:

126-T:4 Reports.

The commission shall make an interim report on November 1, [2020] 2026, which shall focus on the status of the New Hampshire state loan repayment program and the New Hampshire division of public health service's health professions survey, and a final report on November 1, [2024] 2029, including its findings and any recommendations for proposed legislation, to the speaker of the house of representatives, the president of the senate, the governor, the oversight committee on health and human services, and the chairpersons of the senate and house executive departments and administration committees.

289:3 Commission on the Interdisciplinary Primary Care Workforce Issues Extended.

Amend 2010, 114:4, I as amended by 2015, 238:4;

2018, 248:3;

and 2020, 17:7 to read as follows:

I.

Section 3 of this act shall take effect November 1, [2024] 2029.

289:4 Nurse Practice Act;

289:5Amend NewRSA Paragraph;326-N:2 as inserted by section 6 of the bill by replacing it with the following:

Office of Professional Licensure and Certification;

Definitions;

Establishment.

Amend RSA 310:2 by inserting after paragraph (bbb) the following new paragraph:

CHAPTER 289 SB 403-FN - FINAL VERSION - Page 2 - (ccc) Community health workers under RSA 326-N.

289:6 New Chapter;

Community Health Workers.

Amend RSA by inserting after chapter 326-M the following new chapter:

CHAPTER 326-N COMMUNITY HEALTH WORKERS 326-N:1 Definitions.

I.

"Applicant" means an individual applying to be certified or recertified as a community health worker.

II.

"Certificate" means the document issued by the office of professional licensure and certification to qualified applicants for certification as community health workers.

III.

"Certification" means the voluntary process by which the office of professional licensure and certification grants recognition and use of a credential to individuals who are eligible to practice as certified community health workers.

IV.

"Certified community health worker" means a community health worker to whom the office of professional licensure and certification has issued a certificate to practice as a certified community health worker.

V.

“Commissioner” means the commissioner of the department of health and human services.

VI.

"Community health worker" means a public health worker who applies an understanding of the experience, language, and culture of the populations that the individual serves and who provides direct services aimed at optimizing individual and family health outcomes, including:

(a) Informal and motivational counseling and education;

(b) Interventions to maximize social supports;

(c) Community health integration services;

(d) Facilitation of access to health care and social services;

(e) Health screenings;

(f) Other services that the commissioner defines by rules adopted under RSA 541-A.

VII.

"Department" means the department of health and human services.

VIII.

“Executive director” means the executive director of the office of professional licensure and certification.

IX.

"Recertification" means a renewal of certification.

X.

“Telemedicine” means the use of audio, video, or other electronic media for the purpose of optimizing individual and family health outcomes.

CHAPTERIII. 289 SB 403-FN - FINAL VERSION - Page 3 - III.Accepting written complaints against certified community health workers and conducting investigations upon such written complaints in accordance with RSA 310:9.

Accepting written complaints against certified community health workers and conducting investigations upon such written complaints in accordance with RSA 310:9.

Amend RSA 326-N:3 as inserted by section 6 of the bill by replacing it with the following:

and Amendment to SB 403-FN - Page 2 - (d) Other qualifications that the executive director deems appropriate in accordance with the provisions of this chapter.chapter;

and II.

6 Amend RSA 326-N:4 Application;as inserted by section 6 of the bill by replacing it with the following:

8 326-N:4 Application;

Every application for community health worker certification shall be accompanied by a non-non-refundable refundable registration fee.

Amend RSA 326-N:5 as inserted by section 6 of the bill by replacing it with the following:

326-N:6Amend UseRSA 326-N:6, I as inserted by section 6 of Certifiedthe Communitybill Healthby Workerreplacing Designation;it with the following:

Exemptions.

II.Amend RSA 326-N:8 as inserted by section 6 of the bill by replacing it with the following:

To ensure compliance with the provisions of this chapter or any rule that the executive director has adopted and promulgated pursuant to this chapter, the office of professional licensure and certification may issue cease-and-desist orders to persons violating the provisions of this chapter.

III.

A community health worker shall engage only in those activities authorized pursuant to this chapter and by rules adopted pursuant to this chapter.

While engaging in practice as a community health CHAPTER 289 SB 403-FN - FINAL VERSION - Page 4 - worker, an individual shall not engage in or perform any act or service for which another professional certificate, license, or other legal authority is required.

IV.

Certification as a community health worker is voluntary.

Nothing in this section shall be construed as requiring community health workers to be certified for purposes of employment.

Nothing in this section shall be construed to prevent or restrict the practice, service, or activities of any individual simultaneously certified as a community health worker and licensed, certified, registered, or otherwise legally authorized in the state to engage in the practice of another profession if that individual does not, while engaged in the authorized practice of another profession, use any name, title, the initials "CCHW", or other designation indicating that the individual is a certified community health worker.

326-N:7 Telemedicine.

Certified community health workers shall be permitted to provide services through the use of telemedicine.

Amendment to SB 403-FN - Page 3 - All licensing, disciplinary, and non-disciplinary proceeds shall be conducted in accordance with RSA 310, and administrative rules adopted by the executive director.

289:7 Department of Health and Human Services;

Division of Public Health Services;

Department Directives.

I.

The department of health and human services, division of public health services, may contract with community-based organizations, including community health centers and family resource centers, to deploy and sustain community health workers that connect families and patients with needed health and supportive services.

II.

The department may use federal funds where available and general funds within the department’s existing budget upon approval of the fiscal committee to sustain the work of community health workers through the fiscal year ending June 30, 2025.

III.

The department shall develop a brief plan that articulates potential funding alternatives if federal funding is no longer available.

IV.

The department shall develop a plan to be part of its budget submission in 2025 to fund community health workers at community based organizations including community health centers and family resource centers.

289:8 Medicaid Reimbursement for Certified Community Health Workers;

State Plan Amendment.

The commissioner of the department of health and human services shall submit a Title XIX Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services to allow for reimbursement for the services provided by certified community health workers.

Upon approval of the state plan amendment, and as of the effective date of the state plan amendment, the department shall reimburse for services provided by certified community health workers.

289:9 Effective Date.

I.

Section 6 of this act shall take effect January 1, 2025.

II.

The remainder of this act shall take effect upon its passage.

CHAPTER 289 SB 403-FN - FINAL VERSION - Page 5 - Approved:

July 26, 2024 Effective Date:

I.

Section 6 effective January 1, 2025 II.

Remainder effective July 26, 2024