N.H. Rev. Stat. § 420-D:20 — NH Code / Title XXXVII / Chapter 420-D / Section 20
420-D:20 Temporary and Permanent Closures.
Status: in_force

I. Temporary and permanent closures shall be reported to the department and the department of health and human services as soon as the provider determines one is necessary, but no later than 120 before such closure is scheduled to occur. The provider must submit a written plan to both departments for any such closure that, at a minimum, shall include the following: (a) The reasons for the temporary or permanent closure. (b) What will happen to each resident. The provider shall either provide for the refund of any remaining entrance fee to the resident through immediately available funds or shall provide an alternative facility for the resident to occupy, with a transfer of remaining funds to the new provider. The residents shall have the choice to move to the alternate facility, to have the remaining portion of their entrance fee refunded through immediately available funds, or to enter into a mutually agreeable alternative resolution with the provider. If the provider is incapable of satisfying this subparagraph, they must explain why in any plan. II. Following the submission of the written plan, the provider shall act diligently to resolve any liquidation or solvency issues and shall keep the departments informed of any changes in information or status. III. In connection with any proposed temporary closure of the facility or any portion thereof for a period lasting 9 months or more but less than 18 months, the provider shall: (a) If the provider is relocating residents affected by the temporary closure to another portion of the facility or to another provider's facility, ensure that the residents receive comparable levels of care, services, and living accommodations during the relocation. (b) Provide residents with at least 60 days' prior notice of the temporary closure, containing information about the date of relocation, replacement units, any change in monthly fees, time for inspection by residents of the replacement unit, and the estimated date of return to the resident's unit. (c) Hold a meeting with residents at least 30 days in advance of the temporary closure, and at least 7 days after notice provided pursuant to subparagraph (b), to discuss all aspects of the relocation. (d) Notify residents 60, 30, and 7 days prior to the scheduled return of the residents to the units originally vacated due to the temporary closure. The notice shall present a relocation plan to the unit originally vacated, if refurbished, or, if the unit originally vacated has been replaced, to another unit at the facility comparable in services, size, features, and amenities and without a further increase in monthly service fees beyond those established in the continuing care contract. The relocation plan shall detail the process and timelines by which the residents may select replacement units. IV. Except in the case of the reduction or elimination of units that are not independent living units, the provider shall, with respect to any permanent closure of the facility: (a) Provide residents with at least 120 days' prior notice of a permanent closure, unless exigent circumstances require a shorter notice period. (b) Prepare a relocation plan and provide written notice to residents of the components of the plan at least 90 days prior to the permanent closure, unless exigent circumstances require a shorter notice period. If the permanent closure is within the control of the provider and unless there are circumstances preventing the provider from acting, the relocation plan shall provide residents with at least one of the following options: (1) Relocation to another CCRC owned or operated by the provider; (2) Relocation to a CCRC not owned or operated by the provider, subject to the terms of the continuing care contract offered by the other CCRC provider; (3) Monetary compensation equal to the amount of the refundable portion of the entrance fee due under the terms of the continuing care contract, if any; or (4) An alternative, mutually agreed upon by the provider and the resident.