Title XI, Hospitals and Sanitaria

I. In this section, "licensed medical practitioner" means a physician licensed under RSA 329, a naturopathic doctor licensed under RSA 328-E, an advanced practice registered nurse licensed under RSA 326-B:18, or a physician associate licensed under RSA 328-D. II. A person may obt…

Information received or created by the department of health and human services, through inspection or otherwise, authorized hereunder shall be confidential and shall not be disclosed publicly except in a proceeding involving the question of licensure or revocation of license purs…

I. As used in this section "records" means records of interviews and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance committee. Records shall not mean original hospital medical records…

I. In this section: (a) "Records" means records of interviews, internal review and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance program. "Records" shall not mean…

The department of health and human services shall prepare and publish a biennial report of its activities and operations hereunder and shall make such information available to the governor and council.

Any person, partnership, association, or corporation, including state or county or local governmental units or any division, department, board or agency thereof establishing, conducting, managing, or operating any facility within the meaning of this chapter, without first obtaini…

The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopte…

All civil monetary penalties collected by the department from facilities licensed under this chapter shall be kept by the state treasurer in a separate, non-lapsing, interest bearing account. Interest earned on moneys deposited in the account shall be deposited into the account. …

Any health care provider facility licensed under this chapter shall, when acting in good faith, disclose employment information regarding misconduct and competency about a health care worker upon request of a prospective or current employer. A health care provider facility and it…

The department of health and human services may, in accordance with the laws of the state governing injunctions and other process, maintain an action in the name of the state against any person, partnership, association, or corporation, or state, county or local governmental unit…

I. All fees received from licenses under the provisions of this chapter shall be kept by the state treasurer in a separate fund to be paid out to the department of health and human services for purposes of this chapter only. II. Notwithstanding paragraph I, fees and any other fun…

As used in this subdivision: I. "Commissioner" means the commissioner of the department of health and human services. I-a. "Discharge" means movement of a patient from a facility to a non-institutional setting or the termination of services by a home health care provider when the…

I. The following facilities shall not be established, conducted, or maintained without acquiring a license under this chapter: (a) Hospitals, and infirmaries or health services maintained by an educational institution. For the purposes of this subparagraph "hospital" means an ins…

I. "Home health care provider" means any organization, business entity, or subdivision thereof, including a case management agency, whether public or private, whether operated for profit or not, which is engaged in arranging or providing, directly or through contract arrangement,…

I. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign corporation or a foreign partnership which includes the words "home health care", "home care", or "visiting nurse" or any modification or de…

I. Every applicant for a license or certification to operate any facility or entity required to be licensed or certified under this chapter shall submit with the initial application for licensure or certification the results of a criminal records check for the applicant, the lice…

I. No person shall initiate any new special health care service without acquiring a special health care service license under this chapter. II. In this chapter, "special health care service" shall include: (a) Cardiac catheterization laboratory services; (b) Open heart surgery or…

Every facility licensed under RSA 151:2, I(a) or (d) and every person holding a special health care service license under RSA 151:2-e shall: I. Adopt and enforce a written policy to assure that the facility provides its services to all persons who require the services the facilit…

Every facility licensed as a hospital under RSA 151:2, I(a) shall operate an emergency department offering emergency services to all individuals regardless of ability to pay 24 hours every day, 7 days a week. This requirement shall not apply to any hospital licensed and operating…

No later than 30 days following the first decision on the merits inDoe v. NH Department of Health and Human Services, et al. #1:18-CV-01039, or a court-approved agreement of all parties in the case, the commissioner of the department of health and human services shall initiate em…

I. Every facility licensed as a hospital under RSA 151:2, I(a) shall, not later than January 1, 2023, complete and implement an operational plan for the recognition and management of patients with dementia or delirium in acute-care settings. The plan shall address the following r…

I. A facility shall adopt a policy setting forth the rights and responsibilities of patients admitted to the facility. Patients shall be treated in accordance with the policy. A written copy of the policy shall be posted at a public place in the facility and provided to each memb…

The policy describing the rights and responsibilities of each patient admitted to a facility, except those admitted by a home health care provider, shall include, as a minimum, the following: I. The patient shall be treated with consideration, respect, and full recognition of the…

I. Home health care providers shall provide each client or client's legal representative with a written copy of the rights and responsibilities listed in paragraphs II and III of this section in advance of or during the initial evaluation visit and before initiation of care. Thes…

The patient's personal representative may assist the patient in the exercise of any rights under this subdivision.

An owner, administrator, employee, or representative of a facility shall not discharge or harass, or retaliate or discriminate against a patient because the patient has exercised a right protected under this subdivision.

I. A facility shall not accept personal funds and possessions from or on behalf of a patient for safekeeping and management, except when the facility receives written authorization from the patient or a personal representative. II. Upon acceptance of personal funds and possession…

I. When a patient leaves a facility for emergency medical treatment the facility shall hold the bed open for the patient for 10 calendar days, if there is a reasonable expectation that the patient will return within 10 days and if the facility receives payment for the period of a…

Any nursing home licensed under this chapter, which offers medical services shall provide a written statement setting forth the following to prospective clients: I. A specific description of the medical services offered on site. II. The rates charged by the nursing home and what …

A public or private nursing home or assisted living facility, for which residents are paying out of pocket, shall not enforce a 30-day notice of vacancy policy in the event of the resident's death. The nursing home or assisted living facility shall be entitled to rent and fees fo…

I. A facility subject to RSA 151:21 shall not transfer or discharge a patient except for those reasons listed under RSA 151:21, V. II. (a) Transfer or discharge of a patient from a facility subject to RSA 151:21 shall in all instances be preceded by written notice which shall con…

I. Except as provided in paragraph IV, a home health care provider shall provide a minimum of 14 days notice of the intent to discharge a client. II. Written notice of discharge shall be provided to the client or the client's legal representative and included in the client's clin…

I. A facility licensee, administrator, or employee shall not willfully physically or mentally abuse, mistreat, or harmfully neglect or deprive a patient. II. The attorney general shall be responsible for the investigation and prosecution of patient abuse or neglect in any health …

I. The office of ombudsman, established under RSA 167-A:22, shall approve the application of an organization seeking designation as an organization authorized for access to facilities and their patients if the organization is a bona fide community organization which has, as a sub…

A facility licensee shall conspicuously post in an area of its offices accessible to patients, employees, and visitors the following: I. A description of complaint procedures established under this subdivision, provided by the commissioner, and the name, address, and telephone nu…

Facilities subject hereto which are already in operation at the time of enactment hereof shall be given a reasonable time from the date of enactment of this law within which to comply with the rules and regulations and minimum standards provided for herein.

Any facility required to be licensed under this chapter, which is in the process of construction or substantial renovation at the time a rule is adopted to limit the allowable number of residents to be housed within the facility, shall not be denied licensure solely because of su…

I. Except as provided in paragraph II, facilities licensed under this chapter shall require all persons, including volunteers, consulting doctors, and students and including home health care providers and hospice staff, in contact with clients and residents to wear a form of iden…

Every facility administrator, or designee, for any health care facility licensed under this chapter shall verify with the board of registration of medical technicians established under RSA 328-I:2, prior to employing a medical technician, as defined in RSA 328-I:1, VI, that such …

I. Any person aggrieved by a facility's failure to abide by the provisions of this subdivision may seek equitable relief from the superior court, which shall have original jurisdiction over all proceedings under this subdivision. II. Damages shall be assessed in a proceeding agai…

I. (a) Hospitals shall make an annual report, beginning on November 1, 2000, to the attorney general including the following information: (1) The hospital's financial relationships with physician hospital organizations. (2) Number and type of providers employed by the hospital, a…

In this subdivision: I. "Commissioner" means the commissioner of the department of health and human services. II. "Department" means the department of health and human services. III. "Infection" means any localized or systemic patient condition that resulted from the presence of …

I. Any hospital licensed pursuant to this chapter shall maintain a program capable of identifying and tracking infections for the purpose of reporting under this section. Such program shall have the capacity to identify the following elements: (a) The specific infectious agents o…

I. The department shall maintain a statewide database of all reported infection information and/or coverage rates of influenza vaccinations as required in RSA 151:33 for the purpose of monitoring quality improvement and infection control activities in hospitals, end-stage renal d…

Notwithstanding any provision of law to the contrary, hospitals, end-stage renal dialysis centers, nursing and other residential care facilities, the New Hampshire veterans' home, assisted living residences, or ambulatory surgical facilities may provide, and the department may co…

I. The department shall assess a fee to hospitals, end-stage renal dialysis centers, and ambulatory surgical centers that are required to report under RSA 151:33 to support the program's approved operating budget. (a) The hospitals' portion shall be proportional to the number of …