N.H. Rev. Stat. § 420-D:12-a — NH Code / Title XXXVII / Chapter 420-D / Section 12-a
420-D:12-a Continuing Care Community Residents' Bill of Rights.
Status: in_force

I. The provider shall adopt the following bill of rights for residents of an independent living unit in a CCRC and shall provide a copy of the bill of rights to each resident prior to their purchase of such unit. The bill of rights shall be prominently displayed at one or more locations at the facility so that residents can view them at any time. II. The bill of rights shall be as follows: RESIDENT BILL OF RIGHTS Residents in New Hampshire continuing care retirement communities (CCRCs) have a broad range of rights. This CCRC "residents' bill of rights" applies only to residents in independent living units. The residents' bill of rights does not modify or replace other rights of residents provided by RSA 420-D and regulations promulgated thereunder, the continuing care contract, or, to the extent applicable, federal or state laws and regulations, including but not limited to those governing: residential care facilities for the elderly; residential care and health facilities licensed under RSA 151; and nursing care facilities. I. Respect, Individuality, and Environment. (a) The resident shall be treated respectfully by the facility, and the facility shall foster an environment that supports the self-determination and independence of the resident to the extent possible in a community setting. (b) The resident shall be entitled to the beneficial use and enjoyment of the resident's unit and any common areas of the facility, in a safe and well-maintained environment, subject only to the reasonable rules and regulations of the provider and the terms of the continuing care contract. (c) The resident shall have the right to participate, or decline to participate, in all activities offered by the provider and for which resident qualifies to participate. The activities shall offer opportunities to contribute to the individual physical, intellectual, and social needs of the resident body in general. II. Right of Association; Service on Governing Board. (a) All residents shall have the right to form a resident association or council and to elect a governing body of the resident association to advocate on their behalf and to organize and conduct activities on their behalf, separate from those offered by the provider. The resident association governing body may establish committees to perform duties on its behalf. The resident association and its governing body and committees has no governance or management authority, rights, or powers with respect to the CCRC and will act only in an advisory capacity when interacting with the provider. (b) The resident shall have the right to at least 14 days' prior notice of and the right to attend all meetings between the governing body of the resident association, or the residents if a resident association does not exist, and the provider's management executive and other administrative staff. The provider shall schedule at least one such meeting annually for a general discussion of, and to receive resident input regarding, income, expenditures, and financial trends, proposed changes in policies, programs, and services, and other matters of concern to residents generally. (c) The resident shall have the right to voice concerns to the provider's administration through the resident association, or directly if a resident association does not exist, and to request the provider's administration to share such concerns with the governing body of the provider, if applicable. The provider's administration shall respond to such concerns as promptly as possible. (d) The resident shall have the right to join and participate in the resident association and any other independent resident groups without hindrance or retaliation by the provider. (e) The provider shall reserve at least one seat on its governing body or board for a qualified resident, known as the resident trustee, to serve with or without voting rights, as determined by the board. The provider shall seek input from the resident association regarding resident trustee nominees, although the resident trustee nominees will be selected and evaluated according to the nominating process observed for all board members. Each resident trustee nominee shall satisfy the qualifications established by the board for all of its members. Qualified resident trustees shall be elected by the board and shall be bound by the same fiduciary duties to the provider as other board members. If there are no qualified resident trustee nominees, then that seat on the board shall remain vacant until a qualified resident trustee is elected. If the board governs more than one provider, then the mandatory resident trustee position shall rotate among those providers on a term-by-term basis. III. Right to Information. (a) The resident shall have the right to request from any regulatory agency any non-proprietary and non-confidential information filed with it by the provider and which information is subject to public disclosure under RSA 91-A, the New Hampshire right-to-know law. (b) The resident shall have the right to be notified by the provider of any material citations issued by a regulatory agency against the provider, and to obtain a copy of any such citations upon request to the provider or to the regulatory agency, as applicable. IV. Contract, Statutory Rights, and Communications with Provider. (a) The resident shall have the right to receive a continuing care contract meeting the requirements of RSA 420-D:12 and that establishes the mutual rights and obligations of the resident and the provider. (b) In addition to those required under this residents' bill of rights, the resident shall be entitled to all of the rights and notices required under the continuing care contract and RSA 420-D as it may be amended. (c) The resident shall have the right to effective channels of communication with provider administration and staff, and to request through the resident association, or directly if a resident association does not exist, that certain communications be shared with the governing body of the provider as applicable. (d) The resident shall have the right to receive communications from the provider in plain and understandable language. The communications, including notices required under RSA 420-D, may be provided by the provider through electronic means if the resident is alerted that the communications will be provided in that manner and the resident has ready access the communications by electronic means. V. Notice of Rights; Complaints; Enforcement of Rights. (a) The resident shall have the right to receive this residents' bill of rights before or at the time of signing the continuing care contract, and the provider shall post notice in a prominent place in the facility or on its website or intranet site advising residents that a copy of the residents' bill of rights is available upon request. (b) The resident shall have the right to exercise his or her rights under the residents' bill of rights without impediment or retaliation by the provider. (c) The resident shall have the right to file a complaint with the department alleging a violation of this residents' bill of rights. The provider shall post notice in a prominent place in the facility or on its website or intranet site advising residents as to how to file such complaints. (d) The resident has the right to make complaints to or contact other public agencies and elected officials without retaliation.