Title XI, Hospitals and Sanitaria

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 purposes of this subdivision are to: I. Build upon existing infrastructure to establish a comprehensive and coordinated system of care to ensure that older adults and adults with disabilities have access to and timely delivery of supports and services and to ensure that they …

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.

It is the policy of New Hampshire to establish and implement a comprehensive and coordinated system of care that promotes healthy aging and enables older adults and adults with disabilities to have a meaningful choice in care options, including the ability to receive the care the…

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…

In this subdivision: I. "Disability" means a physical or mental impairment that substantially limits one or more major life activities. II. "Home and community-based services" means a range of medical and supportive services provided to persons in their own homes or other communi…

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…

The commissioner of the department of health and human services shall: I. Modify the policies and practices of the department of health and human services necessary to implement this subdivision, to the extent possible within existing statutory and budget constraints. II. Coordin…

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…

The department shall: I. Create a new person-centered counseling program in each contracted aging and disability resource center (ADRC) to provide support and assistance to persons living at home or in short or long-term institutional settings, including hospitals, to transition …

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. When preparing the biennial budget for the Choices for Independence program, the department shall prepare data showing the amount program provider rates would be increased to be in alignment with the rate plan as completed by the department. II. The department shall review and…

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. When all other resources are exhausted, hospitals seeking to assist older adults or adults with a disability as defined in RSA 151-E:24 with discharge from a hospital setting to a less restrictive setting may seek to have a guardian or conservator appointed by the probate cour…

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…

I. The commissioner of the department of health and human services shall seek approval from the Centers for Medicare and Medicaid Services (CMS) to include family caregiver support services as an allowable service under the Acquired Brain Disorder (ABD) and the Choices for Indepe…

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.

The members of the commission shall elect a chair and vice-chair from among the members at the first meeting. The term of the chair and vice-chair shall be 2 years and until successors are elected. The chair shall be responsible for the orderly proceedings of the commission meeti…

The members of the commission shall elect a chair and vice-chair from among the members at the first meeting. The terms of the chair and vice-chair shall be 2 years, with the initial term for the chair to be 3 years, and until successors are elected. The chair shall be responsibl…

I. The department may petition the court for the appointment of a receiver, after notification to the governor and the attorney general, requesting the appointment of a receiver to operate a facility. Before the department files such a petition, the commissioner shall consult wit…

I. There shall be a board of examiners of nursing home administrators, which board shall be composed of 9 members, as follows: Four members shall be nursing home administrators duly licensed and registered under this chapter; four members shall be selected from other professions …

I. A person is medicaid eligible for nursing facility services or Medicaid home and community-based care waiver services if the person is: (a) Clinically eligible for nursing facility care because the person requires 24-hour care for one or more of the following purposes: (1) Med…

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 …

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. "Serious disability" means a physical or mental impairment that substantially limits one or more …

I. Any hospital or ambulatory surgical center licensed pursuant to this chapter shall report to the commissioner the occurrence of any of the adverse health care events described in subparagraphs (a) and (b) as soon as is reasonably and practically possible, but no later than 15 …

I. The commissioner shall establish an adverse health event reporting system designed to facilitate quality improvement in the health care system. The reporting system shall not be designed to punish errors by health care practitioners or health care facility employees. II. The r…

I. When a receiver is appointed, the licensee shall be divested of possession and control of the facility in favor of the receiver. The receiver shall have the same rights to possession of the building in which the facility is located and to all goods and fixtures in the building…

I. It shall be the function and duty of the board to: (a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be in…

Each member of the commission shall be responsible for the dissemination of commission discussions to his or her respective institutions. All such information shall be disseminated through each participant's quality assurance program in order to protect the confidentiality of all…