New Hampshire Administrative Code

(a) A non-party may intervene in a matter pending before an agency under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies a…

The board's special investigator shall be the party to present the case against the CVRP or CVRPI. Notes N.H. Admin. Code § Lab 522.02 #9287, eff 10-1-08 Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.

A complainant shall have no role in the disciplinary hearing of the CVRP or CVRPI complained against other than that of witness unless the complainant petitions for, and is granted, the right to intervene. Notes N.H. Admin. Code § Lab 522.03 #9287, eff 10-1-08 Amended by, Volume …

Unless called as witnesses, board staff shall have no role in hearings. Notes N.H. Admin. Code § Lab 522.04 #9287, eff 10-1-08 Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.

(a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time. (b) A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would assist in resolving the …

(a) A party shall be in default if the party: (1) Has the overall burden of proof; (2) Has been given notice; and (3) Fails to attend the hearing. (b) If a party is in default under (a) above, the case shall be dismissed. (c) If a party who does not have the overall burden of pro…

(a) Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing. (b) When a dispute arises concerning a request for the voluntary production of information…

(a) Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such no…

At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors: (a) A list of all witnesses to be called at the hearing containing the names of the witnesses, their addresses and their telephone numbers; (b) Brief summaries of t…

The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence. Notes N.H. Admin. Code § Lab 525.01 #9287, eff 10-1-08 Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Ef…

(a) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified. (b) Testimony on behalf of the parties shall b…

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33. (b) All rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the board. (c) All documents, materials and objects offered as exhibits shall be admit…

(a) Any party or intervenor may submit proposed findings of fact and conclusions of law. (b) The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when: (1) Any…

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record except as allowed by paragraph (b) of this section and Lab 525.06. (b) Before the conclusion of the hearing, a party may request that the record be left ope…

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previous…

(a) The presiding officer who has been designated the authority to conduct the hearing shall submit to the board a written proposal for disposition containing: (1) The disposition proposed by the presiding officer; (2) A statement of the reasons for the proposed disposition; and …

(a) Within 30 calendar days of a decision or order any party or person directly affected may request rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying: (1) The issues to be considered at the rehearin…

(a) Any CVRP or CVRPI who has a dispute with the board shall have the opportunity at any time to reach an agreement to settle some or all of the issues if: (1) There is no dispute about the material facts underlying the issues to be settled; and (2) If the dispute relates to a co…

"Administrative units" means those entities regulated pursuant to RSA 194-C. Notes N.H. Admin. Code § Lab 601.01 #13149, eff 12-29-20 Amended by Number 6, Filed February 9, 2023, Proposed by #13523, Effective 1/24/2023, Expires 1/24/2033.

"Chartered public schools" means those entities regulated pursuant to RSA 194-B. Notes N.H. Admin. Code § Lab 601.02 Derived from Volume XLI Number 1, Filed January 7, 2021, Proposed by #13147, Effective 12/29/2020, Expires 12/29/2030 Amended by Number 6, Filed February 9, 2023, …

"Employer representative" as used in RSA 281-A: 64, III means any individual who serves as the management member of the joint loss management committee and who has the authority delegated by the employer to use the representative's judgment in the interest of the employer to take…

"School districts" means those entities regulated pursuant to RSA 194. Notes N.H. Admin. Code § Lab 601.04 #13149, eff 12-29-20 Amended by Number 6, Filed February 9, 2023, Proposed by #13523, Effective 1/24/2023, Expires 1/24/2033.

As set forth in RSA 281-A: 64, II, the written safety program shall include the following: (a) The components required by Lab 603.03(g); (b) The process of warnings, job suspension, and job termination for violations of the safety rules and regulations set forth in the program; (…

Under the authority of RSA 281-A: 64, II, an employer with 15 or more employees shall file a single submission of the summary of the above written safety program with the commissioner of labor by completing and submitting a Safety Summary Form WCSSF 12/07/22. Notes N.H. Admin. Co…

To carry out the purpose of RSA 281-A:64, a joint loss management committee is to bring workers and management together in a non-adversarial, cooperative effort to promote safety and health in each workplace. A joint loss management committee assists the employer and makes recomm…

(a) Pursuant to RSA 281-A: 64, III, all employers of 15 or more employees shall establish a working joint loss management committee composed of equal numbers of employer and employee representatives or more employee representatives as follows: (1) The size and composition of the …

To carry out the intent of RSA 281-A:64, the joint loss management committee shall: (a) Meet at least quarterly to carry out its duties and responsibilities; (b) Keep minutes of meetings which shall be made available for review by all employees; (c) Elect a chairperson, alternati…

To carry out the intent of RSA 281-A:64, the employer shall: (a) Respond in writing to recommendations made by the committee, or make a verbal response that is recorded in the committee's official minutes; (b) Pay any employee who participates in committee activities in the emplo…

This chapter sets forth the rules which govern the implementation of RSA 281-A:23-a pertaining to the approval and use of managed care programs in workers' compensation. Notes N.H. Admin. Code § Lab 701.01 #5788, eff 2-17-94, EXPIRED: 2-17-00 New. #7212, INTERIM, eff 3-2-00, EXPI…

These rules shall apply to all managed care programs upon adoption. Notes N.H. Admin. Code § Lab 701.02 #5788, eff 2-17-94, EXPIRED: 2-17-00 New. #7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00 New. #7338, eff 8-2-00; ss by #9217, eff 8-1-08 Amended by Volume XXXVI Number 45, Filed …

"Healthcare provider" means a hospital, physician or medical specialist offering services within the managed care system. Notes N.H. Admin. Code § Lab 702.01 #5788, eff 2-17-94; amd by #7143, eff 11-24-99; amd by #7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00 New. #7338, eff 8-2-00…

"Independent medical examination" means a medical examination conducted by a qualified healthcare provider at the request of either the injured employee or insurance carrier solely for the purpose of determining compensability, degree of disability or degree of impairment arising…

"Injury management facilitator" means an individual employed by, or contracted as a worker for payment by, a managed care organization, and approved by the department of labor and workers' compensation advisory council using criteria specified in Lab 703.01(m) to provide case man…

"Managed care organization" means an organization which coordinates medical services for workers' compensation cases in accordance with RSA 281-A:23-a. Notes N.H. Admin. Code § Lab 702.04 #5788, eff 2-17-94, EXPIRED: 2-17-00 New. #7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00 New. …

"Network" means a system of healthcare providers, contracted by a managed care organization, to render services, as needed, to workers' compensation injured employees unless a different definition is specified. Notes N.H. Admin. Code § Lab 702.05 #7338, eff 8-2-00; ss and moved b…

"Protocol" means the medical guidelines established by a managed care organization to which a healthcare provider, wishing to provide services within a managed care program, agrees to comply. Notes N.H. Admin. Code § Lab 702.06 #7338, eff 8-2-00; ss and moved by #9217, eff 8-1-08…

"Second opinion" means a medical examination conducted by a qualified healthcare provider at the request of an injured employee within a managed care network solely for the purpose of determining or confirming a diagnosis or the proper course or treatment for the injuries. Notes …

"Workers' compensation advisory council" means the council established in accordance with RSA 281-A:62. Notes N.H. Admin. Code § Lab 702.08 #7338, eff 8-2-00; ss by #9217, eff 8-1-08 Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12013, Effective 10/25/2…

"Workers' compensation advisory council" means the council established in accordance with RSA 281-A:62. Notes N.H. Admin. Code § Lab 702.09 #7338, eff 8-2-00; ss by #9217, eff 8-1-08 The amended version of this section by New Hampshire Register Volume 36, Number 45, eff.10/25/201…

(a) No managed care program in workers' compensation shall be offered or used in this state unless the commissioner finds that the program meets the requirements of (b)-(p) below. (b) The network of health care providers shall be sufficiently comprehensive with respect to both ge…

(a) A proponent of a managed care program in workers' compensation shall file a complete description of the program with the commissioner, who shall review the filing for compliance with the provisions of RSA 281-A:23-a and Lab 703.01. (b) The filing shall include all information…

(a) After a review of the managed care program, if the commissioner determines a program filed under Lab 703.02 is in compliance, the commissioner shall approve it and provide written notice of such approval to the proponent. (b) Any program filed under Lab 703.02 shall be deemed…

(a) A managed care program approved or deemed approved by the commissioner under Lab 703.03 shall be submitted to the advisory council. (b) Upon receipt of the program, the council shall take the following action: (1) Consider the ratification of the program at its next regularly…

(a) Upon its first approval, a managed care organization's approval shall expire 3 years after initial approval. (b) Upon each subsequent review and re-approval, a managed care organization's approval shall expire 5 years after re-approval. (c) A managed care organization that se…

(a) An employer selecting the managed care option to fulfill its obligations under RSA 281-A:23 shall: (1) Inform all employees that it is participating in a managed care program; (2) Provide each employee with necessary information in writing on how to access the network when he…

(a) Any person or organization providing managed care services for workers' compensation injuries shall:(1) Provide the employer with information for distribution to its employees on how to access the network; (2) Promptly respond to all employee inquiries on how and where to obt…

(a) For purposes of Lab 704.03, concerning the injured employee's obligation to accept treatment within the network and right to treatment outside the network, "network" means only those healthcare providers listed in Lab 703.01(d) and Lab703.01(f), as originally approved by the …