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Committee says SB 353 needs rewriting; Down syndrome is not a 'biologically based mental illness,' committee report reads
Summary
In a committee report read into the record, Representative Speer said SB 353's attempt to classify Down syndrome as a biologically based mental illness is incorrect; the committee recommended rewriting the bill and gathering actionable data before future consideration.
The Commerce and Consumer Affairs Committee read a committee report on Senate Bill 353 that raised substantive concerns about the bill's underlying classification of Down syndrome. Representative Speer summarized the committee's findings and recommended the bill be rewritten if sponsors wish the legislature to evaluate it further.
Speer's report said SB 353 sought to add Down syndrome to the list of biologically based mental illnesses in RSA 417‑E to allow access to certain behavioral therapies. Speer said Down syndrome is a genetic condition that may include intellectual disability and can be accompanied by mental disorders but is not itself a mental disorder. The report noted existing avenues for care when Down syndrome patients exhibit co‑occurring autism spectrum disorder and said the committee found little evidence of systemic denial of therapy in the fully insured market; the committee suggested a better written bill and supporting data for future review.
The committee voted to not recommend SB 353 in its current form but left open the possibility that a redrafted bill accompanied by actionable data could be evaluated in the future.
