Compare versions
--- version:As Amended by the Senate+++ version:Introduced@@ -1,33 +1,37 @@-SB670-FN-A-ASAMENDEDBYTHESENATE-03/12/2026 1046s+SB 670-FN-A - AS INTRODUCED2026 SESSION26-325805/07SENATE BILL 670-FN-A-AN ACT establishing a developmental services oversight commission; relative to reporting-requirements regarding the death of a child in residential care; and relative to the-registry of founded reports of abuse, neglect, or exploitation of vulnerable adults.+AN ACT establishing a developmental services oversight commission; relative to+membership and duties of the incapacitated and vulnerable adult fatality review+committee; relative to reporting requirements regarding the death of a child in+residential care; and relative to the registry of founded reports of abuse, neglect,+or exploitation of vulnerable adults.SPONSORS: Sen. Rochefort, Dist 1; Sen. Pearl, Dist 17; Sen. Ward, Dist 8; Sen. Rosenwald,Dist 13; Sen. Perkins Kwoka, Dist 21; Sen. Gannon, Dist 23; Sen. Carson, Dist 14;Sen. McGough, Dist 11; Sen. Birdsell, Dist 19COMMITTEE: Health and Human Services─────────────────────────────────────────────────────────────────-AMENDED ANALYSIS-This bill establishes a developmental services oversight commission, revises reporting and+ANALYSIS+This bill establishes a developmental services oversight commission, revises membership and+duties of the incapacitated and vulnerable adult fatality review committee, revises reporting andinvestigation requirements regarding reports of abuse of vulnerable adults, and revises notificationand reporting requirements regarding abuse of minors in institutional residential settings.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -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removed from current law appears [in brackets and struckthrough.]Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.-SB670-FN-A-ASAMENDEDBYTHESENATE-03/12/2026 1046s 26-3258+SB 670-FN-A - AS INTRODUCED+26-325805/07STATE OF NEW HAMPSHIREIn the Year of Our Lord Two Thousand Twenty-Six-AN ACT establishing a developmental services oversight commission; relative to reporting-requirements regarding the death of a child in residential care; and relative to the-registry of founded reports of abuse, neglect, or exploitation of vulnerable adults.+AN ACT establishing a developmental services oversight commission; relative to+membership and duties of the incapacitated and vulnerable adult fatality review+committee; relative to reporting requirements regarding the death of a child in+residential care; and relative to the registry of founded reports of abuse, neglect,+or exploitation of vulnerable adults.Be it Enacted by the Senate and House of Representatives in General Court convened:1 New Subdivision; Developmental Services Oversight Commission. Amend RSA 171-A byinserting after section 34 the following new subdivision:@@ -85,8 +89,8 @@262728-SB670-FN-A-ASAMENDEDBYTHESENATE--Page2-+SB 670-FN-A - AS INTRODUCED+- Page 2 -(k) One representative of the Disability Rights Center (DRC), appointed by thatorganization.(l) Two parents of individuals receiving services from the developmental services system,@@ -159,8 +163,8 @@343536-SB670-FN-A-ASAMENDEDBYTHESENATE--Page3-+SB 670-FN-A - AS INTRODUCED+- Page 3 -I. The classified position 21-1090 MISC SOC SVC SPECS-6 is established in the departmentof health and human services to support the developmental services oversight commissionestablished in section 1 of this act.@@ -171,13 +175,298 @@without prior approval of the fiscal committee of the general court. The governor is authorized todraw a warrant for the general fund portion of said sum out of any money in the treasury nototherwise appropriated.-3 New Paragraphs; Elderly and Adult Services; Reports and Investigation of Adult Abuse.+3 Incapacitated and Vulnerable Adult Fatality Review Committee. Amend RSA 21-M:16 to read+as follows:+21-M:16 Incapacitated and Vulnerable Adult Fatality Review Committee Established.+I. There is hereby established the incapacitated and vulnerable adult fatality review+committee (committee) which shall be administratively attached, under RSA 21-G:10, to the+department of justice.+II. The attorney general shall appoint members and alternate members to the committee.+[The members of the committee shall include individuals representing the health care field,+organizations with expertise in services provided to incapacitated and vulnerable adults, law+enforcement, organizations or individuals who advocate for or provide legal representation for+incapacitated and vulnerable adults, and such other members as the attorney general determines+will assist the committee in fulfilling its objectives.] The terms of the members shall be 3 years;+provided, that the initial members shall be appointed to staggered terms. Members shall serve at+the pleasure of the attorney general. The committee shall consist of the following members:+(a) The attorney general, or designee.+(b) The chief medical examiner, or designee.+(c) The director of the bureau of developmental services, department of health+and human services, or designee.+(d) The director of the division for behavioral health, department of health and+human services, or designee.+(e) The director of the bureau of elderly and adult services, department of+health and human services, or designee.+(f) The director of adult protective services, department of health and human+services, or designee.+(g) The manager of the health facilities licensing administration of the+department of health and human services, or designee.+(h) The commissioner of the department of safety, or designee.+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB 670-FN-A - AS INTRODUCED+- Page 4 -+(i) A licensed medical provider who is knowledgeable concerning the needs of+incapacitated and vulnerable adults.+(j) A licensed mental health provider who is knowledgeable concerning the+needs of incapacitated and vulnerable adults.+(k) Two members of law enforcement, one representing a rural jurisdiction and+one an urban jurisdiction.+(I) A representative of the state's federal protection and advocacy agency,+selected by that agency's executive director.+(m) A representative of the state's council on developmental disabilities,+selected by that agency's executive director.+(n) The long-term care ombudsman, or designee.+(o) The director of the department of military and veterans affairs.+(p) A representative from the New Hampshire Coalition Against Domestic and+Sexual Violence, a domestic violence crisis center, or another domestic violence advocacy+organization.+(q) Such other members as the attorney general determines will assist the+committee in fulfilling its objectives.+III. The committee shall:+(a) Recommend policies, practices, and services that will promote collaboration among+service providers for, and reduce preventable fatalities among, incapacitated and vulnerable adults.+(b) Evaluate policies, practices, interventions and responses to fatalities among+incapacitated and vulnerable adults and offer recommendations for any improvements in those+interventions and responses.+(c) Determine and report on trends and patterns of incapacitated and vulnerable adult+deaths in New Hampshire.+(d) Evaluate and report on high risk factors, current practices, gaps in systematic+responses, and barriers to safety and well-being for incapacitated and vulnerable adults in New+Hampshire.+(e) Educate the public, policy makers, and budget authorities about fatalities involving+covered incapacitated and vulnerable adults.+(f) Recommend improvements in the sources of data relative to preventing fatalities+among incapacitated and vulnerable adults.+(g) Identify and evaluate the prevalence of risk factors for preventable deaths in the+population of incapacitated and vulnerable adults.+IV. For the purposes of this section, "incapacitated adult" means:+(a) Adults who are clients of the area agency system pursuant to RSA 171-A or RSA 137-+K at the time of the person's death or within one year of the person's death.+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB 670-FN-A - AS INTRODUCED+- Page 5 -+(b) Adults who are patients at the New Hampshire hospital or any other designated+receiving facility or whose death occurs within 90 days following discharge, who are on conditional+discharge, or who are applicants for or clients of the community mental health center system under+RSA 135-C:13 and RSA 135-C:14 at the time of death or within one year of death.+(c) Adults who are receiving services pursuant to RSA 161-E and RSA 161-I.+(d) Adults who are participants in programs or residents of facilities specified in RSA+151:2, I(a), (b), (d), (e), or paragraph IV-a, or RSA 161-J, or within 90 days of discharge from such a+facility.+(e) Adults who were in need of any of the services defined in subparagraphs (a)-(d) and+paragraph IV-a at the time of their death.+IV-a. For the purposes of this section, "vulnerable adult" means an adult who was the+reported victim of abuse, neglect, self-neglect, or exploitation which was reported to the department+of health and human services pursuant to RSA 161-F:46, where the report was determined to be+unfounded and was filed within 6 months prior to death, where the report was determined to be+founded and was filed within 3 years prior to death, or where the report was pending at the time of+death.+IV-b. For the purposes of this section, a "preventable death" is one in which a+reasonable intervention, based on the conditions, circumstances, or resources available at+the time, might have prevented the death. These reasonable interventions may be medical,+educational, social, legal, or psychological in nature.+IV-c. The office of the chief medical examiner, the bureau of adult and aging+services of the department of health and human services, the bureau of developmental+services of the department of health and human services, and the bureau of behavioral+health services of the department of health and human services shall report all deaths of+incapacitated and vulnerable adults to the attorney general for possible referral to the+committee. Such referrals shall be made within 60 days of finding there is probable cause+to suspect the death was preventable or otherwise may indicate a trend or pattern of+incapacitated and vulnerable adult deaths.+V. The committee shall adopt a protocol defining which deaths shall be reported to the+committee and subject to review, and which deaths may be screened out for review, such as deaths+where the cause is natural, expected, and non-preventable, and establishing a procedure for the+attorney general to consult with committee leadership or the executive committee when+selecting which deaths to review. The committee shall also determine whether it is appropriate+to have different types of review, such as comprehensive or more limited reviews depending on the+incident under review or the purpose of the review. The protocol shall also define the character of+the contents of the committee's annual report, required under paragraph VII.+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+SB 670-FN-A - AS INTRODUCED+- Page 6 -+VI. The committee's review of a case shall not be initiated until such time as any related+criminal action has been finally adjudicated at the trial court level. Records of the committee,+including testimony by persons participating in or appearing before the committee and deliberations+by committee members relating to the review of any death, shall be confidential and privileged and+shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in+any judicial or administrative proceeding. However, information, documents, or records otherwise+available from original sources shall not be construed as immune from discovery from the original+sources or used in any such civil or administrative action merely because they were presented to the+committee, and any person who appears before the committee or supplies information as part of a+committee review, or who is a member of the committee, may not be prevented from testifying as to+matters within his or her knowledge, but such witness may not be asked about his or her statements+before the committee, participation as a member of the committee, or opinions formed by him or her+or any other member of the committee, as a result of participation in a review conducted by the+committee.+VI-a. Upon recommendation of the committee, the attorney general, in his or her+sole discretion, shall have the authority to subpoena witnesses or compel the production of+information or records for committee review. The attorney general shall have the+authority to enforce, if necessary, any subpoena by compelling production in superior+court.+VII. The committee shall make a biennial report, on or before the first day of November of+each even-numbered year, beginning on November 1, 2020, to the speaker of the house of+representatives, the president of the senate, and the governor describing any trends and patterns of+deaths or serious injuries or risk factors, together with any recommendations for changes in law,+policy, and practice that will prevent deaths and related serious occurrences. The committee may+also issue special reports when doing so is necessary to alert authorities or the public to the need for+prompt corrective action.+VIII. The meetings and records of the committee shall be exempt from the provisions of RSA+91-A. The committee's reports shall not include any private or privileged information. Members of+the committee may be required to sign a confidentiality agreement that prohibits any unauthorized+dissemination of information beyond the purpose of the review process as a condition of membership.+4 New Paragraphs; Elderly and Adult Services; Reports and Investigation of Adult Abuse.Amend RSA 161-F:46 by inserting after paragraph III the following paragraphs:IV. Any residential service provider caring for vulnerable adults shall notify thecommissioner or designee, the bureau of licensing and certification, the attorney general, and thestate's federal protection and advocacy agency in cases involving serious bodily injury or death. Forpurposes of this section, a residential services provider is a provider licensed or certified to provideservices to vulnerable adults that are:+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB 670-FN-A - AS INTRODUCED+- Page 7 -(a) Supported by the 1915c home and community-based Medicaid waiver program;(b) At a state-owned or state-operated facility, including, but not limited to, NewHampshire hospital and Glencliff home; or@@ -192,52 +481,13 @@guardianship, the guardian's name and contact information.(e) A description of the injuries sustained, medical care administered, and, if applicable,the suspected cause of death.-VI. The department shall annually notify each area agency as defined in RSA 171-A:2, I-b,-community mental health program as defined in RSA 135-C:2, IV, state-owned or operated facility,-including, but not limited to, New Hampshire Hospital and Glencliff Home, Hampstead Hospital and-Residential Treatment Facility, and each certified residential services provider of their-responsibilities under this section and provide contact information for the agencies to be notified.-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-SB670-FN-A-ASAMENDEDBYTHESENATE--Page4-+VI. The department shall annually notify each state agency, department, bureau, division of+the department, area agency as defined in RSA 171-A:2, I-b, and residential services provider+reasonably known to the department of their responsibilities under this section and provide contact+information for the agencies to be notified.VII. The commissioner may adopt rules under RSA 541-A relative to enforcement of thissection.-4 Elderly and Adult Services; Registry. Amend RSA 161-F:49 to read as follows:+5 Elderly and Adult Services; Registry. Amend RSA 161-F:49 to read as follows:161-F:49 Registry.I. There shall be established a state registry at the department for the purpose ofmaintaining a record of information on each founded report of abuse, neglect, or exploitation toward@@ -254,6 +504,45 @@timeliness, and uniformity in methodology and format in the conduct of investigations andinvestigation reports. [An investigator may include an investigator employed by an area agency or acommunity mental health center, if designated by the department.]+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB 670-FN-A - AS INTRODUCED+- Page 8 -(c) "Perpetrator" means a person who, following a protective investigation completed inaccordance with RSA 161-F:42 through RSA 161-F:57, is found to have abused, neglected, orexploited a vulnerable adult.@@ -271,44 +560,6 @@represented by counsel at his or her own expense.(d) Of the right to appeal an adverse administrative hearing decision to the probatecourt in accordance with paragraph V.-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-SB670-FN-A-ASAMENDEDBYTHESENATE--Page5-(e) That he or she may petition the probate court to expunge the report from the registrypursuant to RSA 161-F:49, X.III. In response to a written request from an employer identified in paragraph VII, the@@ -328,6 +579,44 @@appeal is filed in accordance with paragraph V and an order of stay is issued by the probate court].V. If the finding is sustained after an administrative hearing, a perpetrator shall have theright to appeal as follows:+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+SB 670-FN-A - AS INTRODUCED+- Page 9 -(a) A perpetrator may file a petition in the Merrimack county probate court to review thefinal order by the commissioner, or designee, within 30 days of the date of the final order.Jurisdiction to hear such appeals is vested in the Merrimack county probate court.@@ -346,45 +635,6 @@unreasonable.(c) No new or additional evidence shall be introduced in the probate court. The caseshall be determined upon the record and evidence transferred, except that in any case, if it shall be-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-SB670-FN-A-ASAMENDEDBYTHESENATE--Page6-necessary in order that no party shall be deprived of any constitutional right, or if the courtdetermines that justice requires the reception of evidence of facts which have occurred since thehearing, or which by reason of accident, mistake, or misfortune could not have been offered before@@ -404,6 +654,45 @@request permission from the prospective employee, consultant, contractor, or volunteer for theauthority to obtain further information about a founded report of abuse, neglect, or exploitation. Anemployer [may, with the consent of a] shall be required for any current employee, consultant,+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB 670-FN-A - AS INTRODUCED+- Page 10 -contractor, or volunteer, to annually submit his or her name for review against the registry. Allemployers, upon learning that the name of a current employee, consultant, contractor, or volunteerof their agency is on the registry shall take immediate action to ensure the safety of the individuals@@ -421,44 +710,6 @@attorney or any type of durable power of attorney may, with the consent of the proposed agent,submit the proposed agent's name for review against the registry. The person shall not be requiredin such situations to obtain a waiver prior to hiring a person on the registry.-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-SB670-FN-A-ASAMENDEDBYTHESENATE--Page7-VIII-a. It shall be unlawful for any employer other than those specified under this section torequire as a condition of employment that the employee submit his or her name for review againstthe registry of founded reports of abuse, neglect, or exploitation and any violation of this provision@@ -478,6 +729,44 @@report to the court concerning any additional founded abuse, neglect, or exploitation reports relativeto the petitioner and shall require that the petitioner submit the petitioner's name, birth date, andaddress to the state police to obtain information about criminal convictions. The court may require+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+SB 670-FN-A - AS INTRODUCED+- Page 11 -the department to provide any additional information that the court believes may aid it in making adetermination on the petition.(d) Upon the receipt of the department's report, the court may act on the petition@@ -494,47 +783,10 @@XII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:(a) Setting forth the process and criteria for requesting and granting a waiver pursuantto RSA 161-F:49, VII.-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-SB670-FN-A-ASAMENDEDBYTHESENATE--Page8-(b) Safeguarding the confidentiality of and access to the registry except for the functionsnecessary to comply with this section. Such safeguards shall include limitations on which persons inan employment situation may request and access the founded reports on the registry.-5 New Section; Child Protection Act; Deaths of Children in Institutional Residential Care.+6 New Section; Child Protection Act; Deaths of Children in Institutional Residential Care.Amend RSA 169-C by inserting after section 37 the following new section:169-C:37-a Deaths of Children in Institutional Residential Care.I. In cases involving the death of a child placed in any group home or child care institution@@ -551,12 +803,50 @@been terminated, the name and contact information for the child's next of kin;(d) The name(s) and contact information for the residential services provider; and(e) A description of the suspected cause of death.+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+SB 670-FN-A - AS INTRODUCED+- Page 12 -III. The department of health and human services shall annually notify each of the facilitiesdescribed in this section of their reporting responsibilities, including contact information for theagencies to be notified.IV. The commissioner may adopt rules under RSA 541-A relative to the enforcement of thissection.-6 Effective Date.+7 Effective Date.I. Section 1 of this act shall take effect upon its passage.II. Section 2 of this act shall take effect July 1, 2026.III. The remainder of this act shall take effect 60 days after its passage.@@ -569,83 +859,21 @@789-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29LBA26-3258-04/06/2026-SB670-FN-A-FISCALNOTE-AS AMENDED BY THE SENATE (AMENDMENT #2026-1046s)-AN ACT establishing a developmental services oversight commission; relative to reporting-requirements regarding the death of a child in residential care; and relative to the-registry of founded reports of abuse, neglect, or exploitation of vulnerable adults.-FISCALIMPACT: This bill does not provide funding, nor does it authorize new positions.-EstimatedStateImpact-FY2026 FY2027 FY2028 FY2029-Revenue $0 $0 $0 $0-Revenue Fund(s) None-Expenditures* $0-$276,000+-general funds;-$52,000 federal-funds-$80,000+ general-funds; $55,000-federal funds-$83,000+-general funds;-$57,000 federal-funds-Funding Source(s) General funds, federal funds-Appropriations* $0 $52,000 $0 $0-Funding Source(s) General Fund-*Expenditure=Costofbill *Appropriation=Authorizedfundingtocovercostofbill-METHODOLOGY:-This bill establishes a developmental services oversight commission tasked with reviewing data-and making recommendations to strengthen health and safety outcomes in the developmental-services system. The bill establishes a classified position within the Department of Health and-Human Services to provide oversight to the commission, and appropriates $52,000 in FY27 for-this purpose.-In addition to establishing an oversight commission, the bill imposes new requirements relative-to reports and investigation of adult abuse, and makes revisions to the state registry that-maintains records of abuse allegations. The Department states that these provisions may-impact costs in a variety of ways. Fatality review reporting and the new seven-day provider-notification requirement are expected to have moderate administrative impacts, primarily-related to incident screening, intake, and coordination. Based on an estimated screening time of-approximately 20–30 minutes per incident and an estimated volume of 100–200 reports per-month, the additional workload is projected to be approximately 600–1,200 staff hours annually,-or roughly 0.5–1.0 full-time equivalent positions (FTE), which the Department notes may-initially be manageable within existing resources.-Other provisions, such as those expanding registry eligibility beyond caregivers, requiring-annual employer registry checks, and removing the waiting period before registry placement,-may significantly increase the number of administrative reviews and appeals, resulting in-corresponding increases in administrative hearings and legal review. The magnitude of this-increase is indeterminable.-The Department assumes that the position established by the bill will cost $104,000 in FY27,-$109,000 in FY28, and $114,000 in FY29. Of this, approximately half is expected to be funded-with federal funds, so the $52,000 general fund appropriation in FY27 is sufficient to finance the-state share in FY27. The Department assumes that the various other changes contained in the-bill will necessitate IT modifications costing $200,000 in FY26, as well as a part-time paralegal-position to support the additional registry appeals resulting from expanded eligibility registry.-This position is projected to cost $24,000 in FY27, $52,000 in FY28, and $26,000 in FY29. Both-the IT costs and the paralegal position are expected to be fully generally funded.-AGENCIESCONTACTED:-Department of Health and Human Services+02/05/2026+SB 670-FN-A- FISCAL NOTE+AS INTRODUCED+AN ACT establishing a developmental services oversight commission; relative to+membership and duties of the incapacitated and vulnerable adult fatality review+committee; relative to reporting requirements regarding the death of a child in+residential care; and relative to the registry of founded reports of abuse, neglect,+or exploitation of vulnerable adults.+FISCAL IMPACT:+The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it+is awaiting information from the Department of Health and Human Services and+Department of Justice. The Department was initially contacted on 02/05/2026 for a fiscal+note worksheet. When completed, the fiscal note will be forwarded to the Senate Clerk's+Office.+AGENCIES CONTACTED:+Department of Health and Human Services and Department of Justice
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.