reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:13 - Oversight Committee; Establishment; Purpose.

126-A:13 Oversight Committee;  Establishment;  Purpose. –
I. There shall be an oversight committee on health and human services consisting of the following members :
(a) Three members of the senate, at least one of whom shall be a member of the senate health and human services committee and one of whom shall be a member of the senate finance committee, appointed by the president of the senate.
(b)(1) Five members of the house of representatives, 3 of whom shall be from the health, human services and elderly affairs committee, and one of whom shall be from the house finance committee division responsible for the department of health and human services, appointed by the speaker of the house of representatives.
(2) Two members of the house of representatives, one of whom shall be appointed by the speaker of the house of representatives, and one of whom shall be appointed by the leader of the minority party of the house of representatives, shall be available to serve, at the request of the committee chairperson, as an alternate member for an absent committee member. An alternate member shall have full voting authority while serving for an absent committee member.
II. Membership on the oversight committee shall be for the biennium and shall be coterminous with membership in the general court.
III. The oversight committee on health and human services shall provide legislative oversight of the department to support a cost effective, comprehensive, coordinated system of health and human services that is family-centered and community-based. The committee shall promote greater efficiencies by consolidating and centralizing reporting requirements and other responsibilities of the department under this section to avoid duplication of efforts involving other non-regulatory boards, commissions, councils, advisory committees, and task forces.
Source.
1995, 310:1. 1998, 140:1. 2005, 177:21. 2010, 268:1, 2, eff. Sept. 4, 2010. 2020, 37:21, eff. July 29, 2020. 2021, 211:3, eff. Aug. 11, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:14 - Organization and Compensation.

126-A:14 Organization and Compensation. –
The oversight committee shall have a chairperson who shall be chosen by vote from among the committee membership. The chairperson's term of office shall be for the biennium. The committee shall have a clerk who shall be chosen by vote by the members of the committee. The clerk's term of office shall be for the biennium. The members of the committee shall receive legislative mileage when in performance of their duties.
Source.
1995, 310:1. 1998, 140:1, eff. Aug. 7, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:16 - Repealed by by 1995, 310:3, II, eff. Dec. 31, 1998.

126-A:16 Repealed by by 1995, 310:3, II, eff. Dec. 31, 1998. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:18 - Primary Preventative Health Services.

126-A:18 Primary Preventative Health Services. –
The commissioner shall:
I. (a) Develop primary preventive health services for low-income and underserved populations.
(b) Establish a network of primary care and family support services for children with chronic illness.
(c) Recruit and establish retention of primary care practitioners in rural communities and areas of high primary care needs.
(d) Provide technical assistance to communities, health care agencies, and primary care providers developing comprehensive care services.
II. On June 30, 1999, any unexpended funds appropriated for the purposes of this section shall lapse to the fund from which they were appropriated.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:18-a - Rate Setting for Home Health Services.

126-A:18-a Rate Setting for Home Health Services. –
I. The commissioner of health and human services shall adopt rules under RSA 541-A to establish a rate setting methodology which establishes unit medicaid reimbursement rates for home health services which reflect the average cost to deliver services. The commissioner shall consider the factors of economy, efficiency, quality of care, and access to care, in accordance with guidelines in federal regulations.
II. The department of health and human services shall annually on or before October 1 establish unit rates for home health services paid under medicaid which better reflect the average cost to deliver services.
III. The commissioner shall make a biennial report commencing on November 1, 2017 and thereafter before November 1 of odd-numbered years relative to the rates for home health services, to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate finance committees.
Source.
1997, 346:2, eff. Aug. 23, 1997. 2015, 259:17, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:19 - Community Living Facilities.

126-A:19 Community Living Facilities. –
The commissioner shall develop a statewide program of community living facilities for persons with developmental disabilities or mental illnesses. The commissioner shall be responsible for the selection, certification, and monitoring of such community living facilities in accordance with rules adopted by the commissioner pursuant to RSA 541-A. The commissioner shall also be responsible for prior approval of all individual residential placements and shall adopt rules relative to monitoring the care, treatment, and habilitation provided to all residents of community living facilities. Rates for enhanced family care residents shall be set according to the severity of the resident's disability. Placements of children shall be consistent with RSA 170-A, 170-C, and 170-E, as appropriate. Approval by the commissioner of an individual for placement in a community living facility shall be based on a finding by the commissioner that the community living facility is the least restrictive environment appropriate to the needs of the individual. "Least restrictive environment" means the facility, program, or service which least inhibits a person's freedom of movement, freedom of choice, and participation in the community, while achieving the purposes of habilitation and treatment.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:20 - Standards and Certification for Community Living Facilities.

126-A:20 Standards and Certification for Community Living Facilities. –
I. The commissioner shall adopt rules pursuant to RSA 541-A to govern the establishment and operation of community living facilities. The certification of community living facilities shall be based on these rules. Certification of such community living facilities shall be on a permanent, temporary, or emergency basis in accordance with these rules. No placements shall occur in the absence of such certification. The commissioner may withdraw certification at any time the commissioner has reasonable cause to believe that there exist violations of federal, state, or local law or of department rules adopted pursuant to RSA 541-A pertaining to community living facilities.
II. Certifications shall be subject to periodic review and renewal by the commissioner.
III. 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 subdivision or rules adopted under this subdivision. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this subdivision. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this subdivision shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
1995, 310:1. 2003, 73:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:21 - Standards for Fire Safety.

126-A:21 Standards for Fire Safety. –
Notwithstanding RSA 153:5, 153:10-b, or any law to the contrary, the fire code applicable to single family dwellings, as defined in RSA 153:1, X, or, where applicable, single rental units in multi-unit dwellings, as defined in RSA 153:1, IX-a and VI, respectively, shall be the fire code applied by the state fire marshal and local fire departments to community living facilities housing 3 or fewer clients.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:22 - Rates for Community Living Facilities.

126-A:22 Rates for Community Living Facilities. –
I. The commissioner shall establish rates, by rules adopted under RSA 541-A, sufficient to provide a reasonable subsistence compatible with decency and health for persons in placement under this program. Payments hereunder may be made monthly by the commissioner from appropriated funds.
II. The commissioner may establish rates pursuant to RSA 167:7, I-a for certain programs administered by the department.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:24 - Placement.

126-A:24 Placement. –
Community living facilities serving persons with developmental disabilities shall be considered a part of the service delivery system as defined in RSA 171-A.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:25 - Purpose.

126-A:25 Purpose. –
The purpose of this subdivision is to assist in maintaining and making available additional emergency shelter facilities and other supportive and preventive services and to assist in meeting the operating costs of such shelters and services.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:26 - Program Established.

126-A:26 Program Established. –
There is hereby established an emergency shelter program to assist in providing safe and sanitary shelters on a short-term emergency or transitional basis for persons who are destitute, mentally ill, abandoned, or developmentally disabled, and other poor persons.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:27 - Capital Construction and Rehabilitation.

126-A:27 Capital Construction and Rehabilitation. –
Such funds as the general court may specifically appropriate from time to time may be granted to private nonprofit organizations on an equal matching grant formula basis for the capital costs of renovation, major rehabilitation, or conversion of buildings for use as emergency shelters for the homeless. Such organizations may also use such funds to add additional beds to existing emergency shelters, to maintain such shelters and to provide related supportive and preventive services.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:28 - Operating Funds.

126-A:28 Operating Funds. –
Such funds as the general court may specifically appropriate from time to time may be granted to private nonprofit organizations on an equal matching formula basis to provide essential services including, but not limited to, maintenance, operation, utilities, and furnishings, and to support and maintain the volunteer operational structure.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:29 - Eligibility; Grants.

126-A:29 Eligibility;  Grants. –
I. For the purposes of this subdivision, the term "private nonprofit organization" means a secular or religious organization described in section 501(c) of the Internal Revenue Code of 1986 which is exempt from taxation under subtitle A of such code. Such organization shall also have an accounting system, a voluntary board, and shall practice nondiscrimination in providing assistance.
II. No grant shall be awarded unless the commissioner makes an administrative finding of fact that the grant is primarily for the public benefit. To make a finding that the grant is primarily for public benefit, the commissioner shall find that:
(a) With respect to grants for a new shelter or additional beds for an existing shelter:
(1) That insufficient shelter facilities exist in the area; and
(2) That the proposal will increase the supply of such facilities.
(b) With respect to grants for operations, that such assistance is needed to maintain essential services or structures under RSA 126-A:29.
(c) In all cases, that the shelter is for the public use and public benefit.
(d) With respect to grants for supportive and preventive services, that such assistance will enable persons assisted to obtain permanent housing and that such services are for the public use and the public benefit.
III. If the grant is to be made to a religious organization, it must have a primary effect of neither advancing nor inhibiting religion. In awarding grants under this subdivision, the department shall give substantial weight to the performance record and general stability of the grant applicant.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:30 - Residency.

126-A:30 Residency. –
Persons receiving short-term emergency housing under this subdivision shall continue to maintain their legal residence as it existed at the time of entering the emergency shelter.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:31 - Rulemaking.

126-A:31 Rulemaking. –
The commissioner may adopt such rules, pursuant to RSA 541-A, as the commissioner deems reasonable and necessary to carry out the provisions of this subdivision.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:32 - Repealed by 2010, 368:1(41), eff. Dec. 31, 2010.

126-A:32 Repealed by 2010, 368:1(41), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:34 - Duties.

126-A:34 Duties. –
I. Subject to the direction and supervision of the commissioner, the office of reimbursements shall:
(a) Review and investigate all records of the New Hampshire hospital, the secure psychiatric unit, the Glencliff home, and the Hampstead hospital or other state-owned facilities that provide child inpatient psychiatric treatment within the state mental health system, relative to expenses incurred by patients, residents, or clients at such institutions, facilities, or programs or expenses incurred by patients, residents, or clients receiving care, treatment, services, or maintenance at the direction of the commissioner of health and human services, and make recommendations to the commissioner and to the respective superintendents or directors of such institutions, facilities, or programs as to the rates to be charged for the care, treatment, and maintenance of such patients, residents, or clients.
(b) Investigate the ability of patients, residents, or clients of such institutions and of the persons receiving care, treatment, maintenance, or services either in public or private institutions or otherwise at the direction of the commissioner and those legally chargeable for their support and maintenance to pay for such care, treatment, maintenance, and/or services and recommend to the commissioner the charge to be rendered.
(c) Submit monthly to the commissioner any recommended changes in the schedule of charges based upon the ability of the patient, resident, or client or those legally chargeable for their support to pay.
(d) Submit monthly to the commissioner a report setting forth any facts or information which bear upon or affect the domicile of any patient, residents, or clients of such institution, facility, or program which the office of reimbursements has found in conjunction with investigations under this subdivision.
(e) Administer estates.
(f) Serve as appraiser without certification if appointed by the probate court, notwithstanding any other provision of law.
(g) Consistent with RSA 126-A:42, II, file a notice of lien with the register of deeds of the county in which the patient or resident of any of the institutions named in RSA 126-A:34 or at a public or private institution owns real property.
II. The commissioner of health and human services shall take such action as the commissioner deems advisable.
Source.
1995, 310:1. 1997, 215:1. 2007, 263:12. 2010, Sp. Sess., 1:27. 2011, 224:300. 2012, 228:2. 2013, 144:39, eff. July 1, 2013. 2022, 272:35, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:35 - Other State Departments.

126-A:35 Other State Departments. –
The office of reimbursements, with the approval of the commissioner, may, upon request, act on behalf of any state department, as defined in RSA 9:1, to recover any moneys due such department. The office of reimbursements shall not be liable for any expenses or costs incurred in any action brought pursuant to this section.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:36 - Persons Chargeable With Support of Patients or Residents of Public Institutions.

126-A:36 Persons Chargeable With Support of Patients or Residents of Public Institutions. –
Except as limited in RSA 126-A:43, II, expenses incurred in the institutions named in RSA 126-A:34 or at the direction of the commissioner in any public or private institution or elsewhere, may be recovered in any action in the name of the state from the person, or the person's spouse, or, if a minor, the minor's father or mother, whose income or other resources are more than sufficient to provide a reasonable subsistence compatible with decency and health, and the spouse, father and mother are declared jointly and severally liable for such expenses, unless otherwise ordered by the court.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:37 - Estates Chargeable for Support.

126-A:37 Estates Chargeable for Support. –
Except as limited in RSA 126-A:39, expenses incurred by anyone in the institutions named in RSA 126-A:34, or, at the direction of the commissioner in any public or private institution, or elsewhere, may be recovered in any action in the name of the state from the estate of the person, or the person's spouse, or mother or father, whose estate is more than sufficient to pay priorities in RSA 554:19. The spouse and the father and mother are declared jointly and severally liable for expenses, unless otherwise ordered by the court, except that recovery of expenses against a mother or father shall be limited:
I. To the expenses incurred before their child reached the age of majority.
II. As provided for in RSA 126-A:42.
III. To the share the patient or resident is entitled to if the father or mother died intestate.
IV. To the greater of the share the patient or resident is entitled to under the will or the share the patient or resident would have been entitled to if the father or mother had died intestate.
Source.
1995, 310:1. 2010, 189:2, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:39 - Educational Expenses.

126-A:39 Educational Expenses. –
I. Educational expenses of any resident or patient, who is capable of being benefited by instruction and who is between 3 and 21 years of age, as required under statute and incurred in the institutions named in or at the direction of the commissioner in any public or private institution or elsewhere, shall be recovered from the school district in which the patient's or resident's parents or legal guardian reside up to the state average elementary cost per pupil, as determined by the state board of education for the preceding school year. The liability of the school district for such expenses shall precede that of the persons or estates named in RSA 126-A:36 and RSA 126-A:37, which are hereby relieved of liability for such expenses to the extent of the school district's liability.
II. Rates for private providers of special education services shall be set as provided in RSA 186-C:7, III, by the departments of health and human services, education, and administrative services.
Source.
1995, 310:1. 2002, 67:1, eff. June 25, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:40 - Liability for Expenses and Hearing on Liability.

126-A:40 Liability for Expenses and Hearing on Liability. –
I. (a) Whenever the court issues an order for evaluation, care, or treatment of a child at a facility that provides child inpatient psychiatric treatment within the state mental health system pursuant to RSA 169-B, 169-C, or 169-D, the expenses of such evaluation, care, or treatment shall be borne by the department, except as otherwise provided in this section.
(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services.
(c) The state shall have a right of action over for such expenses against the parents or the people chargeable by law for the minor's support and necessities. The court shall require the individual chargeable by law for the minor's support and necessities to assign to the state any insurance coverage that may be available to pay for all or a portion of the services provided and to submit a financial statement to the court upon which the court may make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance coverage available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall continue for a duration of time equal to the duration of time in which expenses are incurred on behalf of the minor by the state. The court's jurisdiction to order reimbursement shall continue until the obligation to reimburse has been fulfilled. If the state receives reimbursement for the expenses of a child under this section, the state shall return to the formerly liable county that percentage of the reimbursement equal to the percentage of expenses paid by the county for the child.
II. Upon the issuance of an order under paragraph I, the court shall send notice to the state. The state may, within 30 days from the receipt of notice, request a hearing on the issues of the cost or appropriateness of services, or recovery. At such hearing, the court shall provide all financial information, including names and addresses of persons chargeable by law for the minor's support and necessities, to the state.
III. The office of reimbursements, acting on behalf of the department of health and human services, is authorized to compromise or reduce any expense to be charged to the state.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]
VII. [Repealed.]
Source.
1995, 310:1. 2008, 274:33, eff. July 1, 2008; 296:21-23, eff. July 1, 2008. 2022, 272:36, 37, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:41 - Support Order.

126-A:41 Support Order. –
Upon petition for support in the name of the state, the superior court may enter an order requiring any patient or resident or persons legally chargeable for the support of a patient or resident to contribute to the support of such patient or resident. Anyone against whom an order is entered requiring a person to contribute to the support of such relative who fails to comply therewith shall be deemed to be in contempt of court and may be imprisoned not less than 60 nor more than 90 days.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:43 - Regular Rate.

126-A:43 Regular Rate. –
I. The commissioner shall establish for any patient, resident, or client of an institution, facility, or program named in RSA 126-A:34, a uniform rate to cover the expenses of the several categories of service provided to patients, residents, or clients such as but not necessarily limited to the following: intensive medical care, treatment, and maintenance; intensive psychiatric care, treatment, and maintenance; and custodial care, treatment, and maintenance. The commissioner is not required to establish such rate by rules adopted under RSA 541-A. The categories or classifications of service provided may be modified by the commissioner.
II. After any person has been a resident or patient in any of the institutions named in RSA 126-A:34 for 10 years or has reached the age of majority, the liability of persons other than the patient or resident or such patient's or resident's spouse to provide payments to cover the expenses of care, treatment, and maintenance shall cease, except for recoveries from the estates of such persons which shall be limited as provided in RSA 126-A:42, II. The liability of a spouse under RSA 126-A:36 shall cease after the person has been a patient or resident of any of the institutions named in RSA 126-A:34 for 10 years. The liability of the patient or resident under this paragraph shall continue unless it is determined by the office of reimbursements, in consultation with the commissioner, that the patient or resident lacks sufficient income from any source including, but not limited to, social security, retirement, civil service or veterans administration income, trust fund, or other income to pay a full rate or a higher partial rate.
III. The commissioner may compromise or reduce any debt or obligation owed to the state pursuant to an agreement with a group health plan carrier, as defined in RSA 420-G:2, or any health insurer as defined in 607(1) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1167(1), federal and or state funded assistance, or any other legally liable third party or persons chargeable for support.
IV. The office of reimbursements shall, upon request, furnish to each estate from which, or to each person chargeable from whom, a recovery of expenses is sought pursuant to RSA 126-A:42, a record of the accumulated charges against said estate or said person.
Source.
1995, 310:1. 1997, 215:3. 2013, 144:43, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:44 - Partial Charges.

126-A:44 Partial Charges. –
The commissioner may charge less than the uniform rate when the commissioner finds a patient or any relative chargeable therewith is able to bear only a portion of the expense incident to the patient's care, treatment, and maintenance at such institution, or care, treatment, and maintenance furnished at the direction of the commissioner. In establishing such charge, the commissioner shall consider the report, investigation and recommended charge of the office of reimbursements. The established charge shall be billed by the superintendent of such institution. The office of reimbursements shall make further recommendations as provided in this section where conditions affecting the ability to pay of persons legally chargeable for the support of the patient or resident have changed. The establishment of a partial rate as provided herein shall not preclude the collection of the balance between the partial rate and the full rate from an estate of the patient or resident or the estate of those legally chargeable as provided in RSA 126-A:37.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:45 - Support by the State.

126-A:45 Support by the State. –
I. Any person transferred to the New Hampshire hospital under RSA 135:17 for observations as to sanity under court order shall be at state expense for the observation period only.
II. Any patient or resident of such institutions defined in RSA 126-A:34 or patient receiving care, treatment, or maintenance at the direction of the commissioner who has no means of support and no person chargeable for the patient's or resident's support shall be supported by the state.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:46 - Special Services.

126-A:46 Special Services. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to rates for special services rendered to patients or residents of institutions named in RSA 126-A:34.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:47 - Reports.

126-A:47 Reports. –
The superintendent of such institutions shall forward forthwith to the commissioner any change in population at such institutions, any change affecting the rates charged patients or residents, and any other changes affecting expenses incurred by a patient or resident.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:48 - Nature of Payment.

126-A:48 Nature of Payment. –
All payments, except for educational payments made pursuant to RSA 126-A:39, made by or with respect to a patient at any institution named in RSA 126-A:34, which furnished medical services shall conclusively be deemed to be made on account of medical services.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:49 - Poison Information and Treatment.

126-A:49 Poison Information and Treatment. –
The commissioner shall develop or designate a statewide program for poison information and treatment. In connection with this program, the commissioner shall be responsible for establishment or designation of a poison information and treatment center which shall make available to New Hampshire residents information and medical consultation on a daily, 24-hour basis.
Source.
1995, 310:1, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:50 - to 126-A:59 Repealed by 2021, 122:11, I, eff. July 9, 2021.

126-A:50 to 126-A:59 Repealed by 2021, 122:11, I, eff. July 9, 2021. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:65 - Repealed by 2007, 263:98, II, eff. June, 30, 2011.

126-A:65 Repealed by 2007, 263:98, II, eff. June, 30, 2011. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:66 - Repealed by 2014, 3:12, VIII, eff. Mar. 27, 2014.

126-A:66 Repealed by 2014, 3:12, VIII, eff. Mar. 27, 2014. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:67 - Statewide Section 1115 Demonstration Waiver.

126-A:67 Statewide Section 1115 Demonstration Waiver. –
I. On or before June 1, 2014, the commissioner, after consultation with stakeholders including state, county, and local officials and health care providers, shall submit a statewide section 1115 demonstration waiver to enhance designated state health programs and transform the Medicaid care delivery system. The section 1115 demonstration waiver will promote the improvement of overall health through increased access to private insurance coverage options and will integrate and align New Hampshire's Medicaid care management program, the provision of coverage to the newly eligible under this chapter, existing Medicaid waivered programs, and other department initiatives in a manner that improves public health, and improves the quality of care and access to care for all Medicaid and CHIP beneficiaries. The waiver shall be used to allow the state maximum flexibility to redesign Medicaid including establishing premium assistance programs that are customized to transform the state's reform goals. To the greatest degree possible programs funded under the demonstration waiver shall complement the mental health settlement and shall be designed to promote innovation, reform delivery systems, and reduce the number of uninsured patients who seek treatment from health care providers.
II. Prior to submitting the waiver to CMS, the commissioner shall present the waiver to the fiscal committee of the general court for approval. The waiver shall be approved by the CMS by December 1, 2014.
Source.
2014, 3:5, eff. Mar. 27, 2014.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:70 - to 126-A:71 Repealed by 2021, 122:34, eff. July 9, 2021.

126-A:70 to 126-A:71 Repealed by 2021, 122:34, eff. July 9, 2021. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:76 - Data Sharing Between the Department of Environmental Services and the Department of Health and Human Services.

126-A:76 Data Sharing Between the Department of Environmental Services and the Department of Health and Human Services. –
I. The department of environmental services and the department of health and human services shall develop and implement a method by which the departments share certain health outcome and environmental data. On or before September 1, 2018, the commissioners of the department of environmental services and the department of health and human services shall:
(a) Enter into a memorandum of understanding on cooperation regarding data sharing between the department of health and human services and the department of environmental services.
(b) Sign a joint standard operating procedure on how data layers can be shared between the 2 departments to identify linkages between environmental contaminants and health outcomes in a collaborative fashion.
(c) Hold a presentation on the departments' ongoing, joint efforts under the Centers for Disease Control and Prevention environmental public health tracking cooperative agreement.
(d) Make a presentation to the commission to study environmentally-triggered chronic illness regarding the departments' use of the standard operating procedure developed under subparagraph (b) to compare data, analyze community impacts, and communicate the results to the community.
II. Nothing in this section shall require the disclosure of confidential or personally identifiable information otherwise protected by state or federal law. In order to assure the privacy of protected health information, only non-protected health information or aggregated data shall be made available where it is pertinent to the matter being assessed.
III. On or before September 1, 2019, and at a minimum every year thereafter, the commissioners of the department of environmental services and the department of health and human services shall submit a report regarding the data sharing practices required under paragraph I to the speaker of the house of representatives, the senate president, the state library, the commission on the environmental and public health impacts of per- and polyfluorinated alkyl substances, established in RSA 126-A:79-a, and the commission to study environmentally-triggered chronic illness.
Source.
2018, 296:1, eff. Aug. 24, 2018. 2019, 229:4, 5, eff. July 12, 2019. 2023, 44:1, 2, eff. July 18, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:78 - Definition.

126-A:78 Definition. –
For the purposes of this subdivision, a rare disease means a disease affecting 200,000 people or fewer in the United States.
Source.
2019, 24:1, eff. July 14, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:80 - New Hampshire Pharmaceutical Assistance Pilot Program for Seniors.

126-A:80 New Hampshire Pharmaceutical Assistance Pilot Program for Seniors. –
I. The commissioner of the department of health and human services shall establish a prescription drug assistance pilot program for seniors. The purpose of the pilot program shall be to wraparound or supplement the federal prescription drug benefit under Medicare Part D by paying the out-of-pocket costs for prescription drugs for eligible individuals who have reached the coverage gap, known as the donut hole, under Medicare Part D. The pilot program shall be the payer of last resort and shall cover all out-of-pocket prescription drug costs for which assistance is not otherwise available in the coverage gap, known as the donut hole. The pilot program shall be available to the first 1,000 individuals age 65 or older who apply for such assistance, who have a gross annual household income of 250 percent or less of the federal poverty level, and who otherwise meet the eligibility criteria established by the department. Assistance shall be available under the pilot program from January 1, 2020 to January 1, 2021. The commissioner shall make available an online application, a telephone number for applications and questions, and shall provide written applications upon request. Applications shall include information on income, household size, Medicare Part D enrollment and coverage information, the prescription drugs for which assistance is sought, the age of the applicant, and the location of the applicant. On or before February 1, 2020, the commissioner shall adopt rules, under RSA 541-A, relative to pilot program enrollment, administration, and evaluation.
II. On or before March 1, 2021, the commissioner of the department of health and human services shall submit an evaluation report of the pilot program to the senate president, the speaker of the house of representatives, the governor, the senate finance committee, the house finance committee, the senate health and human services committee, and the house health, human services and elderly affairs committee. The report shall include information regarding the number of applications, age and location of applicants, prescription drugs for which assistance was provided, costs per eligible applicant, likely costs per non-eligible applicant, and descriptions regarding applicant ineligibility.
Source.
2019, 346:383, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:83 - Opioid Abatement Trust Fund Established.

126-A:83 Opioid Abatement Trust Fund Established. –
I. There is hereby established in the state treasury the opioid abatement trust fund that shall be kept distinct and separate from all other funds. All proceeds received by the state from all consumer protection settlements or judgments against opioid manufacturers or distributors shall be deposited in accordance with RSA 7:6-f. Any amount that would have been deposited in the general fund under 7:6-f shall, instead, be placed in the trust fund. All other opioid-related settlement funds or judgments from New Hampshire counties and all political subdivisions shall, likewise, be placed in the trust fund. The state treasurer shall be the trustee of the trust fund, and shall invest the trust fund in accordance with RSA 6:8. Any earnings on trust fund moneys shall be added to the trust fund. All moneys in the trust fund shall be nonlapsing and shall be continually appropriated to the state treasury. The state treasurer shall disburse funds from the trust fund solely for the purposes and in the manner set forth in RSA 126-A:84.
II. The treasurer shall distribute 15 percent of all funds received prior to any deposit in the consumer escrow account or the opioid abatement trust fund to the counties and the political subdivisions that filed lawsuits, on or before September 1, 2019, against opioid manufacturers, distributors and other persons identified as defendants in the multidistrict opioid litigation pending in the federal district court for the northern district of Ohio. This distribution shall occur on an annual basis. The distribution of funds shall be based on the most recent decennial census population of each qualifying county and political subdivisions. The population of any political subdivision which receives funds under this section shall not be included in the population of the county for determining the distribution to that county.
Source.
2020, 39:55, eff. July 1, 2020. 2022, 155:1, eff. Aug. 6, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:89 - Definitions.

126-A:89 Definitions. –
In this subdivision:
I. [Repealed.]
II. "Commissioner" means the commissioner of the department of health and human services.
III. "Controlled substance" means controlled drugs as defined in RSA 318-B:1, VI.
IV. "Department" means the department of health and human services, established in RSA 126-A:4.
V. "Dispense" means to deliver a controlled substance by lawful means and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery.
VI. "Dispenser" means a person or entity who is lawfully authorized to deliver a schedule II-IV controlled substance, but does not include:
(a) A licensed hospital pharmacy under RSA 318 that dispenses less than a 48-hour supply of a schedule II-IV controlled substance from a hospital emergency department or that dispenses for administration in the hospital;
(b) A practitioner, or other authorized person who administers such a substance;
(c) A wholesale distributor of a schedule II-IV controlled substance or its analog;
(d) A prescriber who dispenses less than a 48-hour supply of a schedule II-IV controlled substance from a hospital emergency department to a patient;
(e) A veterinarian who dispenses less than a 48-hour supply of a schedule II-IV controlled substance to a patient; or
(f) A practitioner who does not hold or operate under an active Drug Enforcement Agency registration number to prescribe or dispense controlled substances.
VII. "Patient" means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance or other such drug is lawfully dispensed.
VIII. "Practitioner" means a physician, dentist, podiatrist, veterinarian, pharmacist, APRN, physician assistant, naturopath, or other person licensed or otherwise permitted to prescribe, dispense, or administer a controlled substance in the course of licensed professional practice. "Practitioner" shall also include practitioners with a federal license to prescribe or administer a controlled substance.
IX. "Prescribe" means to issue a direction or authorization, by prescription, permitting a patient to lawfully obtain controlled substances.
X. "Prescriber" means a practitioner or other authorized person who prescribes a schedule II, III, or IV controlled substance.
XI. "Program" means the controlled drug prescription health and safety program that electronically facilitates the confidential sharing of information relating to the prescribing and dispensing of controlled substances listed in schedules II-IV, established by the department pursuant to RSA 126-A:90.
Source.
2021, 91:45, eff. July 1, 2021; 148:6, eff. July 1, 2021. 2023, 140:8, I, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 126-A - Department of Health and Human Services › Section 126-A:90 - Controlled Drug Prescription Health and Safety Program Established.

126-A:90 Controlled Drug Prescription Health and Safety Program Established. –
I. The department shall design, establish, and contract with a third party for the implementation and operation of an electronic system to facilitate the confidential sharing of information relating to the prescribing and dispensing of schedule II-IV controlled substances, by prescribers and dispensers within the state.
I-a. The department may enter into agreements or contracts to facilitate the confidential sharing of information relating to the prescribing and dispensing of schedule II-IV controlled substances, by practitioners within the state and to establish secure connections between the program and a practitioner's electronic health record keeping system. An electronic health record keeping system may allow for the query and retrieval of the provider specified, individual's program information for display and retention in the patient's medical information; provided that nothing in this section shall allow the electronic health record keeping system owner or license holder to perform data queries unrelated to individuals under the practitioner's care. The electronic health record keeping system owner or license holder shall be responsible for ensuring that only authorized individuals have access to program information. The program shall record and retain in its database what information was transferred and the identity of the organization who received the information. The program shall include this information when a patient requests a report pursuant to RSA 126-A:93, I(b)(1).
II. The department may establish fees for the establishment, administration, operations and maintenance of the program. The program may also be supported through grants and gifts. The fee charged to individuals requesting their own prescription information shall not exceed the actual cost of providing that information.
III. Prescription information held by the program relating to any individual shall be deleted 3 years after the initial prescription was dispensed. All de-identified data may be kept for statistical and analytical purposes in perpetuity.
IV. The commissioner shall establish an advisory council, as provided in RSA 126-A:96.
Source.
2021, 91:45, eff. July 1, 2021; 148:7, eff. July 1, 2021.