Title XII, Public Safety and Welfare

I. The long-term care ombudsman shall: (a) Investigate any act, omission, practice, policy or procedure of any individual, facility, or government agency that may adversely affect the health, safety, welfare, or civil or human rights of: (1) Any elderly resident of a facility; or…

I. In the course of an investigation, the representative of the office shall: (a) Make the necessary inquiries and obtain such information as he or she deems necessary. (b) Enter and inspect the premises of a facility or government agency and inspect there any books, files, medic…

I. No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a facility or government agency by such facility or government agency; nor against any resident of a facility; nor against any legal representative or family member of any …

The office may request from any government agency, and such agency is hereby authorized and directed to provide, such cooperation and assistance, services, and data as will enable the office to properly perform or exercise any of its functions, duties, and powers under RSA 161-F:…

I. The long-term care ombudsman shall establish and maintain a statewide reporting system to collect and analyze data relating to complaints and conditions in facilities for the purpose of identifying and resolving individual and systemic complaints, problems and issues and for t…

Any person, institution, or official who in good faith participates in the reporting of a complaint, or who in good faith investigates that complaint, participates in an investigation, or provides access or information to those persons carrying out the investigation or who partic…

The long-term care ombudsman and all representatives of the office are prohibited from serving as legal representatives of any person before state or federal courts in any action that is related in any manner to the ongoing duties or responsibilities of the office.

The department of health and human services established under RSA 126-A:4 shall be responsible for the administration of this chapter.

In this subdivision: I. "Animals" means common domesticated household animals limited to: dogs, cats, caged birds, and aquarium fish. II. "Housing for the elderly" means public housing facilities financed by either the state or federal government to provide living accommodations …

Any housing for the elderly shall permit the tenants of each housing project upon petition of 10 percent of all the tenants to determine by a simple majority vote of those voting whether or not to allow the tenants in their building to have companion animals, provided that a 6-mo…

If companion animals are permitted, tenants desiring to have them as pets shall post, with the management of the building, a damage deposit which shall be a sum of money not to exceed 11/2 times the amount of a month's rent paid by the tenant.

The tenant owner of a companion animal shall have the following responsibilities: I. (a) To provide the management with a signed agreement with some person, or other legal entity, other than another tenant, that such person or legal entity shall act as a temporary or permanent ca…

This subdivision shall be known and may be cited as the "Congregate Services Act."

The purpose of this subdivision is to provide support for congregate services in order to serve those who might otherwise be placed unnecessarily in institutional care.

In this subdivision: I. "Congregate housing" means low-rent, publicly-owned housing with which there is connected a central dining facility where wholesome and economical meals can be served. II. "Congregate services programs" means the programs undertaken by qualified service pr…

I. The congregate services program shall be administered through the department. The congregate services shall be provided through a qualified service provider under contract with the department. The experience acquired through each congregate services program shall be shared wit…

The commissioner shall adopt rules under RSA 541-A relative to: I. Eligibility for congregate services, based on financial, psychological, and physical ability. For this purpose, the department shall use, as appropriate, the federal guidelines for congregate housing services prog…

On or before December 1 of each year, the commissioner shall submit a report on the program with recommendations for improvement to the legislature. The qualified services provider shall keep accurate and detailed records of activities involved in the development and implementing…

The commissioner of health and human services may adopt rules pursuant to RSA 541-A, relative to social services for the elderly and adult populations under this chapter.

I. There is hereby established a senior volunteer grant program in the department. The program shall, within the limits of funds appropriated, reimburse the senior companion and foster grandparents programs for the volunteers' stipends, benefits, travel, and administrative expens…

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures for reimbursement under this subdivision.

The purpose of this subdivision is to provide protection for vulnerable adults who are abused, neglected, or exploited. Implicit in this subdivision is the philosophy that whenever possible an adult's right to self-determination should be preserved, and that each adult should liv…

In this subdivision: I. "Protective services" means services and action which will, through voluntary agreement or through appropriate court action, prevent neglect, abuse or exploitation of vulnerable adults. Such services shall include, but not be limited to, supervision, guida…

For the purposes of this subdivision, instances of suspected self-neglect shall be construed and acted upon in the same manner as instances of suspected neglect.

Nothing in this subdivision shall be construed to mean a person is abused, neglected, exploited, or in need of protective services for the sole reason that he relies on or is being furnished treatment by spiritual means alone through prayer in accordance with the tenets and pract…

Any person, including, but not limited to, physicians, other health care professionals, social workers, clergy, and law enforcement officials, suspecting or believing in good faith that any adult who is or who is suspected to be vulnerable, at the time of the incident, has been s…

Any person or agency, other than an alleged perpetrator, participating in good faith in the making of a report of an alleged incident of adult abuse, neglect or exploitation, providing information relative to such incident or following a reporting protocol developed jointly with …

The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client, shall not apply to any proceedings instituted pursuant to this subdivision and shall not constitute grounds for failure…

I. There shall be established a state registry at the department for the purpose of maintaining a record of information on each founded report of abuse, neglect, or exploitation toward an individual. The registry shall be confidential and subject to rules on access established by…

The department shall be the single state agency responsible to administer in New Hampshire the Older Americans Act of 1965 and subsequent legislation pursuant to that act and to receive all federal funds under Title III of said act. The department is also authorized to receive fe…

Any person who knowingly fails to make any report required by RSA 161-F:46 shall be guilty of a misdemeanor.

I. The commissioner or his or her authorized representative, upon the substantiation of a report of abuse, neglect, or exploitation of a vulnerable adult, shall provide, when necessary, protective services to such adults. II. The commissioner or his or her authorized representati…

If all other remedies are exhausted, the commissioner or his authorized representative may seek to have a guardian or conservator appointed by the probate court, pursuant to RSA 464-A, for any adult who is in need of protective services.

If either a vulnerable adult reported or suspected of being abused, neglected, or exploited refuses, or a caretaker or caregiver refuses, to allow the representative of the department entrance to the premises for the purpose of investigating a report of abuse, neglect, or exploit…

The probate court, at any time, may order a proposed ward to submit to a medical or psychiatric examination to be completed within 30 days by a licensed psychologist, licensed psychiatrist or physician, or local community mental health center. A written report of such examination…

The commissioner shall adopt such rules under RSA 541-A as are necessary to carry out the purpose of this subdivision, including, but not limited to, rules relative to access to records under RSA 161-F:49.

In the course of an investigation conducted pursuant to this subdivision, the department's authorized representative may make any inquiries and obtain such information as is necessary to further such investigation. The department's authorized representative may review and photoco…

The files maintained by the department which relate to investigations of alleged instances of abuse, neglect, or exploitation shall be disclosed only with the written consent of the victim, or his guardian or attorney, or if such disclosure is required by court or administrative …

This subdivision shall be known and may be cited as the "Homemaker Services Act."

The purpose of this subdivision is to support homemaker programs to serve those who need such care and who otherwise might be placed in inappropriate institutional care and to provide training in the home to allow individuals and families to remain in their homes and to become as…

The department shall be the sole and final agency designated as the single state agency for administering or supervising the administration of the New Hampshire state plan for implementing the Older Americans Act of 1965 , including final decisions as to disposition of Title III …

In this subdivision: I. "Homemaker" means a carefully trained, supervised person who works as a member of a team composed of professional and allied workers providing health and social services. II. "Provider agency" means: (a) Homemaker service agency; (b) Homemaker program of a…

I. The trained homemaker, working for a provider agency, shall carry out assigned tasks in the family's or individual's residence. The assignments shall be carried out under supervision of a professional, who shall assess the need for the service and implement the plan of care. I…

I. The homemaker services shall be administered through the department and shall be coordinated with any existing homemaker services. The services shall be provided through the purchase of qualified service and, to the extent feasible, shall be coordinated through local agencies.…

The commissioner shall adopt rules, under RSA 541-A, relative to: I. Eligibility for services. II. Cost and payment of services. III. [Repealed.]

The general court finds that Alzheimer's disease and related disorders (ADRD) affect an alarmingly high percentage of citizens and that ADRD creates a great strain on the families of victims of the disease. In enacting this subdivision, it is the intent of the general court to ad…