CHAPTER 171-A SERVICES FOR THE DEVELOPMENTALLY DISABLED
Developmental Services Oversight Commission
Section 171-A:35
171-A:35 Developmental Services Oversight Commission. –
I. There is established the developmental services oversight commission to continuously and effectively assure the health and welfare of participants receiving home and community based 1915(c) waiver services within the developmental services system. The commission is tasked with reviewing data submitted by the department of health and human services related to health and safety to make recommendations to improve outcomes for individuals receiving developmental services.
II. Legislative members of the commission shall serve a term coterminous with their term in office.
III. All public members shall serve 3-year terms. Notwithstanding RSA 14:49, II(c), the members of the commission shall be as follows:
(a) Two members of the senate, appointed by president of the senate.
(b) Two members of the house of representatives, appointed by speaker of the house of representatives.
(c) The director of the division of long term supports and services, or designee.
(d) The bureau chief of the bureau of developmental services, or designee.
(e) The administrator of adult protective services, or designee.
(f) An administrator with the department of health and human services, certification and licensing bureau.
(g) A representative of the department of health and human services, division of program quality and integrity.
(h) One member representing the area agency system, appointed by the governor.
(i) Three members representing the private providers, appointed by the governor.
(j) The executive director of the governor's commission on disability.
(k) One representative of the Disability Rights Center (DRC), appointed by that organization.
(l) Two parents of individuals receiving services from the developmental services system, appointed by the governor.
(m) Two individuals receiving services from the developmental services system, appointed by the governor.
IV. The commission shall provide recommendations to strengthen health and safety outcomes in the developmental services system. At a minimum, the commission shall:
(a) Identify areas of best practice and provide recommendations related to improvements to the health and safety of individuals served.
(b) Review quarterly satisfaction surveys conducted by service coordinators for individuals receiving services through the developmental disabilities (DD), in-home supports (IHS), and acquired brain disorder (ABD) 1915(c) home and community-based services waivers and provide recommendations for quality improvement to the department.
(c) Review training requirements in policy and administrative rule and make recommendations for additional or modified training.
(d) Review available department of health and human services licensing and certification data.
(e) Review the DD, IHS, and ABD 1915(c) waivers' performance measures as presented by the department to the Center for Medicare and Medicaid Services and provide recommendations to the department regarding improving the care based on the performance measures.
(f) Provide feedback on proposed changes to state administrative rules and laws.
(g) Solicit input from the developmental services quality council, established in RSA 171-A:33.
V. The first meeting of the oversight commission shall be called by the first-named senate member, who shall serve as the chairperson. Thereafter, the commission shall elect a chairperson from among the members every 3 years, or when a vacancy occurs in that position. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eleven members of the commission shall constitute a quorum.
VI. Following each meeting, commission members will identify items appropriate for further action and determine when those items can be brought back to the commission.
VII. The department shall provide consultative and administrative support to the commission and comply with all reasonable data requests.
VIII. Beginning November 1, 2026, and annually thereafter, the commission shall provide a report of its findings and recommendations to the president of the senate, the speaker of the house of representatives, the oversight committee on health and human services established in RSA 126-A:13, the governor's office, and the commissioner of health and human services.
IX. The meetings shall be open to the public and subject to the provisions of RSA 91-A.