reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:61-d - Rights of Parties to Actions.

167:61-d Rights of Parties to Actions. –
I. If the state proceeds with an action under RSA 167:61-c, the state shall have the primary responsibility for prosecuting the action and shall not be bound by an act of the relator bringing the action. The relator shall have the right to continue as a party to the action, subject to the following limitations:
(a) The state may dismiss the action notwithstanding the objections of the relator initiating the action if the court determines, after a hearing on the motion, that dismissal should be allowed.
(b) The state may settle the action with the defendant notwithstanding the objections of the relator initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, the hearing may be held in camera.
II. Notwithstanding RSA 167:61-c, the state may elect to pursue its claim through any alternate remedy available to the state, including any administrative proceeding to determine a civil monetary penalty. If any such alternate remedy is pursued in another proceeding, the relator initiating the action shall have the same rights in the proceeding as the relator would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section.
III. The parties to the action shall receive court approval of any settlements reached.
Source.
2004, 167:2, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:62 - Repealed by 1990, 228:4, eff. June 26, 1990.

167:62 Repealed by 1990, 228:4, eff. June 26, 1990. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:63 - Definitions.

167:63 Definitions. –
As used in this subdivision:
I. "Commissioner" means the commissioner of health and human services.
II. "Department" means New Hampshire department of health and human services.
III. [Repealed.]
IV. "Hospital" means general hospitals required to be licensed under RSA 151, but not including government facilities.
V. "Medicaid" means the New Hampshire medicaid assistance program as described in RSA 161 and RSA 167, and in Title XIX of the Social Security Act as amended.
Source.
1991, 299:5. 1993, 4:16, III. 2011, 224:35, eff. July 1, 2011. 2014, 158:14, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:65 - Duties of Commissioner.

167:65 Duties of Commissioner. –
The commissioner shall:
I. Develop the uncompensated care payment system in a manner that is consistent with the requirements of RSA 167:64 and Title XIX of the Social Security Act as amended and describe the system in an amendment to the state Medicaid plan.
II. [Repealed.]
III. [Repealed.]
IV. Adopt rules pursuant to RSA 541-A, as necessary, to implement this system.
Source.
1991, 299:5; 390:8. 1993, 4:13, 16, V. 2009, 144:212. 2011, 224:37, 41. 2013, 144:49, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:66 - Short Title.

167:66 Short Title. –
This subdivision may be referred to as "The Children's Health Plan."
Source.
1993, 358:54, eff. July 8, 1993.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:67 - Findings and Purpose.

167:67 Findings and Purpose. –
I. The general court finds that at least 30,000 New Hampshire children lack health insurance. The lack of available, comprehensive maternity and child health services imposes a great cost, in both human and financial terms, on the citizens of this state. Both government and industry have long recognized the need for continual reinvestment in physical plant, public infrastructure, marketing, research and development, but less attention has been paid to the need for investment in our state's human resources. At a time when growing economic competition makes it essential that New Hampshire have a high quality work force, spending on programs to develop that work force is a necessary investment.
II. That investment begins with healthy beginnings for children, including early and comprehensive prenatal care and comprehensive primary and preventive child health and developmental services. Equally important, maternal and child preventive health and child development programs are highly cost effective simply from the perspective of health care and special education cost avoidance. Studies show that modest investments in preventive programs today will reduce long-term health and welfare spending by the states tomorrow. Thus, the cost to New Hampshire of not providing adequate access to maternal and child health services can be measured in wasted lives, rising costs of remedial health and social programs, and a work force increasingly unprepared for the challenges of international economic competition. Recent federal legislation regarding medicaid coverage for low-income pregnant women and children has created an unparalleled opportunity for federal cost sharing in state programs that serve this high risk population.
III. The purpose of this subdivision is to make a needed and strategic investment in this state's human resources by taking advantage of federally created options to obtain additional federal financial assistance by expanding medicaid eligibility for low income pregnant women and children. This subdivision also provides for improved outreach and enrollment of medicaid eligible pregnant women and children and improved coordination of medicaid services for pregnant women and children with other publicly-funded programs providing maternal and child health services.
Source.
1993, 358:54, eff. July 8, 1993.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:68-a - Home Visiting Programs.

167:68-a Home Visiting Programs. –
Home visiting programs for children and their families established pursuant to this subdivision shall be made available to all Medicaid eligible pregnant women, infants, and families with children up to age one, without restriction. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to administering this section.
Source.
2019, 285:1, eff. Sept. 17, 2019. 2021, 91:418, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:69 - to 167:75 Repealed by 2003, 319:145, I, eff. July 1, 2003.

167:69 to 167:75 Repealed by 2003, 319:145, I, eff. July 1, 2003. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:76 - Repealed by 1995, 310:170, X, eff. Nov. 1, 1995.

167:76 Repealed by 1995, 310:170, X, eff. Nov. 1, 1995. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:77-a - Work Participation Rates.

167:77-a Work Participation Rates. –
The department shall make strong efforts to meet the work participation rate requirements of the federal TANF program, as amended by the Deficit Reduction Act of 2005.
I. Efforts may include the following actions:
(a) Using state funds not claimed as maintenance of effort for the federal TANF program to provide benefits for categories of families who are exempt from the state's work activity requirements or who have good cause reasons for not participating.
(b) Developing a diversion program for applicants for the employment program for up to 4 months to provide enhanced assessment and job placement services.
(c) Making a claim for additional caseload reduction credits based on state spending above the minimum to meet the federal TANF maintenance of effort requirement.
(d) Assigning participants into work activities that count toward the federal work participation rate where alternative activities are not better suited to assist the participant to enter, re-enter, and maintain employment and move toward self-sufficiency.
(e) Providing continuing assistance to participants who are meeting the hour requirements in an unsubsidized job, as specified in RSA 167:85, VIII.
II. The department shall submit a report to the oversight committee for health and human services, established in RSA 126-A:13, relative to actions taken to increase the work participation rate reported to the federal Department of Health and Human Services. The department also shall provide the oversight committee with an estimate of whether the state shall meet the federal requirements for each federal fiscal year by January 15 of that fiscal year.
Source.
2007, 349:2, eff. Sept. 14, 2007. 2015, 259:13, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:77-b - Performance Measurement System.

167:77-b Performance Measurement System. –
I. The department shall establish a performance measurement system designed to assist the department in meeting the goals of the TANF reauthorization program, including a mission statement identifying values that focus on qualitative outcomes. The measurement system shall be adopted on or before January 1, 2008. The system shall include: measurement and tracking of individual employee performance; tracking and analysis of programmatic outcomes; and tracking of other data or information otherwise useful in establishing success in moving clients into work participation, as defined by federal law. The department shall, for each indicator, develop performance and benchmark scores that reflect normal or expected performance. In developing these indicators, the department shall consult with the oversight committee on health and human services, established in RSA 126-A:13.
II. The department shall prepare an annual report that includes data and comparison with prior years and indicates normal or expected performance levels. Each annual report shall be submitted to the oversight committee on health and human services, the speaker of the house of representatives, the president of the senate, the governor, and the appropriate legislative policy committees. The first such report shall be submitted by December 15, 2007.
Source.
2007, 349:2, eff. Sept. 14, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:77-c - Outcome Measurement System.

167:77-c Outcome Measurement System. –
I. The oversight committee established by RSA 126-A:13 shall monitor changes to the state TANF program made as a result of the federal reauthorization of TANF in 2005 and shall provide informational meetings on such changes to the general court.
II. The department of health and human services shall provide the federal Administration for Children and Families with the data requested by that agency to calculate the national TANF high performance rankings regardless of whether financial bonuses are paid for performance.
III. Success of the TANF program shall be based on research and statistical analysis to determine if the goals of moving TANF clients towards long term economic independence set forth in RSA 167:77, IV and V are met.
IV. The department shall establish an outcome measurement system with the following areas of analysis:
(a) The number and percent of cash assistance recipients who close each month due to employment, the average hourly, weekly, and monthly wages, the average total weekly and monthly total income, the number and percent who return to cash assistance after 3, 6, and 12 months.
(b) Numbers and percentages of TANF families that leave TANF and ranking of their income compared to the federal poverty level and the New Hampshire living wage.
(c) Poverty and child poverty rates and out of wedlock births and the national ranking of New Hampshire.
(d) The reasons for caseload increases and decreases with analysis of numbers and reasons for openings, denials, and closings and the numbers and reasons for sanctions and denials due to noncompliance with program requirements.
V. The department shall develop and maintain the indicators for the program outcomes listed in paragraph IV, subject to review and approval by the oversight committee on health and human services. The department shall submit a report to the oversight committee each January.
Source.
2007, 349:2, eff. Sept. 14, 2007. 2015, 259:14, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:77-d - TANF Pilot Diversion Program and Study.

167:77-d TANF Pilot Diversion Program and Study. –
The department shall perform a diversion program and study for a limited population of TANF applicants who receive an assessment and benefits prior to entry into the TANF program. The study shall assess the program's feasibility and effectiveness, as well as the impact of the diversion program on work participation rates. The department shall report its findings to the oversight committee on health and human services on December 31, 2007 and each December 31 thereafter, for the duration of the program.
Source.
2007, 349:2, eff. Sept. 14, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:77-e - Assistance Program for 2-Parent Families With Dependent Children.

167:77-e Assistance Program for 2-Parent Families With Dependent Children. –
Subject to available public and/or private funds, the department may establish a non-TANF financial assistance program for 2-parent needy families with dependent children in which one parent is underemployed or unemployed. With the exception of parental underemployment or unemployment, client eligibility and program requirements and administration shall be in accordance with this chapter and the rules adopted under this chapter.
Source.
2007, 349:2. 2010, Sp. Sess., 1:2. 2011, 224:286. 2013, 175:1, eff. Aug. 31, 2013. 2018, 204:3, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:77-f - Career Ladder Initiatives.

167:77-f Career Ladder Initiatives. –
The commissioner shall work cooperatively with the Career One Stop Centers and the Workforce Investment Boards to develop career ladder initiatives for employment program clients and former employment program clients.
I. Career ladder initiatives shall:
(a) Promote both increased pay and increased benefits.
(b) Match the needs of the local economy.
(c) Focus on current in-demand occupations with the state.
(d) Explore self employment opportunities.
(e) Share TANF and WIA funding to the extent possible.
II. The department shall report its progress to the oversight committee on health and human services no later than January 1.
Source.
2007, 349:2, eff. Sept. 14, 2007. 2015, 259:15, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:77-g - Adjustment of TANF Financial Assistance.

167:77-g Adjustment of TANF Financial Assistance. –
The maximum monthly cash benefit under this subdivision shall be equal to 60 percent of the federal poverty guidelines, based upon the applicable household size and composition, as determined annually by the United States Department of Health and Human Services.
Source.
2017, 156:83, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:80 - Eligibility; Income.

167:80 Eligibility;  Income. –
I. Eligibility for assistance shall be based in part on the available countable earned and unearned income of the persons in the assistance group.
II. The department shall establish income limits for applicant and participant assistance groups by rules adopted pursuant to RSA 541-A.
III. All forms of earned and unearned income shall be counted unless specifically excluded pursuant to paragraph IV.
IV. The following types of income shall be excluded when determining eligibility for assistance:
(a) Advance earned income tax credit.
(b) Earned income from dependent children who are full-time students in primary or secondary school or equivalent.
(c) Payment in kind.
(d) Vendor payments.
(e) Interest and dividends from countable resources.
(f) Educational scholarships, grants, and loans.
(g) Any income that is not legally available to the assistance group.
(h) Federal, state, and local means-tested assistance other than means-tested assistance that is defined as included by the department by rules adopted pursuant to RSA 541-A.
(i) Any other type of income excluded by the department by rules adopted pursuant to RSA 541-A as necessary to promote the purpose and goals of this subdivision.
V. The treatment of non-recurring lump sum payments relative to eligibility shall be determined by rules adopted pursuant to RSA 541-A.
Source.
1995, 310:62. 1996, 170:2, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:81 - Eligibility; Resources.

167:81 Eligibility;  Resources. –
I. Eligibility for assistance shall be based in part on the equity value of all countable resources available to the assistance group.
II. The department shall establish resource limits for applicant and participant assistance groups by rules adopted pursuant to RSA 541-A.
III. All resources owned by any member of the assistance group shall be considered as countable unless specifically excluded by paragraph IV.
IV. The following resources shall be excluded when determining eligibility for assistance:
(a) The primary residence of the household.
(b) One vehicle per parent or caretaker relative.
(c) Resources belonging to and used solely by a business.
(d) All household possessions.
(e) Any resource that is not legally available to the assistance group.
(f) Farm equipment.
(g) Any other resource as determined by the department by rules adopted pursuant to RSA 541-A as necessary to promote the purpose and goals of this subdivision.
V. The treatment of non-recurring lump sum payments relative to eligibility shall be determined by rules adopted pursuant to RSA 541-A.
Source.
1995, 310:62, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:81-a - Eligibility; Individuals Exempt From Federal Law Which Denies Assistance and Benefits for Certain Drug-Related Felony Convictions.

167:81-a Eligibility;  Individuals Exempt From Federal Law Which Denies Assistance and Benefits for Certain Drug-Related Felony Convictions. –
Pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, section 115(a)(1)-(2) of Public Law 104-19, all individuals domiciled in this state shall be exempt from the application of section 115(d)(1)(A) of Public Law 104-19 which makes any individual ineligible for certain state and federal assistance if that individual has been convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction and which has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
Source.
1997, 157:1, eff. Aug. 8, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:82-a - Infringement on Rights of Other Employees Prohibited; Limited Employee Status.

167:82-a Infringement on Rights of Other Employees Prohibited;  Limited Employee Status. –
I. The employment program shall not require individuals to participate in the employment program in any way contrary to federal law under section 407(f) of the Social Security Act.
II. No participant in the employment program shall be required to work in subsidized employment for more hours than would be needed to produce an equivalent compensation if the participant were paid at the federal minimum wage level, unless a greater number of hours is necessary for the participant to meet federal work participation requirements.
III. Participants in the employment program shall receive the protections regarding sexual harassment and work conditions, not related to compensation and benefits, which are available to regular employees in that workplace such as safe environment, non-discrimination, and adequate rest and meal periods.
Source.
1997, 279:1. 2006, 325:9, eff. Oct. 1, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:84 - Family Assistance Program.

167:84 Family Assistance Program. –
I. The family assistance program shall provide financial assistance for dependent children who:
(a) Are deprived of parental support or care by reason of death, continued absence from the home, physical or mental incapacity of a parent; and
(b) Reside with either their nonable-bodied specified relative or a caretaker relative who is not included in the assistance group. Financial assistance shall be provided to the parents of the dependent child for the benefit of the child. Financial assistance may be provided to the nonable-bodied caretaker relative for the benefit of the child.
II. An applicant shall meet all eligibility requirements under RSA 167:79, II, III, IV, V, VI(a), RSA 167:80 and RSA 167:81 to be eligible for financial assistance under this section, and shall be subject to applicable sanctions,including case closure, under RSA 167:82, III(a), III(b), and III(f).
III. Persons eligible for financial assistance under this section shall be eligible for medical assistance as categorically needy pursuant to RSA 167:82, VI.
IV. Financial assistance payments shall be pursuant to RSA 167:82, VII.
V. Administration of the family assistance program shall be pursuant to RSA 167:83, I(a), I(c), II, III, and IV.
Source.
1995, 310:62. 2006, 325:13, eff. Oct. 1, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:86 - Support Services.

167:86 Support Services. –
The commissioner shall reimburse persons for necessary travel, child care, and other support service expenses incurred while conducting employment program activities. The amount shall be determined by the commissioner by rules pursuant to RSA 541-A. Child care shall be appropriate and safe. The lack of such care shall be considered good cause for deferral from participation.
Source.
1995, 310:62, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:87 - Commissioner's Duty to Provide Information.

167:87 Commissioner's Duty to Provide Information. –
The commissioner shall inform applicants and participants in writing and, if appropriate, orally, of available program activities and support services. Information concerning the employment program and participant responsibilities shall be provided, including:
I. The rights, responsibilities, requirements, and obligations of applicants and participants including, but not limited to, the grounds for deferral from participation and the consequences of refusing or failing to cooperate and fully participate.
II. The rights, responsibilities, requirements, and obligations of the department.
Source.
1995, 310:62, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:88 - Employment Assessment; Employment Contract.

167:88 Employment Assessment;  Employment Contract. –
I. The commissioner shall assess a participant's ability for employment based on:
(a) Such person's work experience, skills, training, education, physical abilities, local labor market area conditions, and if appropriate, aptitude and vocational interests.
(b) Such person's child care, transportation, and other support service needs.
(c) Any other factors that the employment program considers relevant in accordance with rules adopted pursuant to RSA 541-A.
II. The commissioner may make the assessment in paragraph I through various methods, including, but not limited to, interviews, testing, counseling sessions, and self-assessment instruments. Participants identified as needing additional services not provided by the commissioner may be referred to community agencies, resources, and services.
III. Assessments and analysis of outcomes shall be used to determine the activities to which an individual is mandated to participate and such assessment criteria and the resulting assignment shall be described in rules adopted pursuant to RSA 541-A.
IV. The commissioner shall develop an employment contract in conjunction with the participant. To the extent that it is feasible and consistent with the purpose and goals of this subdivision, the employment contract shall reflect the preferences of the participant with respect to goals for employment, training, or education. The employment contract shall:
(a) Indicate employment goals for achieving long-term economic independence, including goals for immediate employment in the labor market.
(b) Outline a planned series of action steps necessary to achieve employment goals.
(c) Include mandatory participation in any employment-related activities as assigned by the employment program.
(d) Describe the services to be provided by the employment program.
(e) Identify the support service needs of the participant and indicate how those needs are being addressed.
V. The commissioner shall make the final approval of the employment contract.
Source.
1995, 310:62. 2006, 325:15. 2007, 349:15, eff. Sept. 14, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:89 - Case Management.

167:89 Case Management. –
The commissioner may assign a case manager to a participant, as needed.
Source.
1995, 310:62, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:90 - Job Search Programs.

167:90 Job Search Programs. –
The commissioner shall provide appropriate employment services, as funding and resources permit, including job referrals, job development, workshops, counseling, labor market information, vocational assessment and testing, and referral to appropriate community agencies and resources. The commissioner shall operate structured job search activities, referred to as Job Club, in all employment program offices. Job Club shall be staffed by positions funded from the TANF reserve of 100 percent federal funds. These positions shall be in addition to the staffing of the employment program office.
Source.
1995, 310:62. 2006, 325:21. 2007, 349:16, eff. Sept. 14, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:91-a - Infringement on Rights of Other Employees Prohibited.

167:91-a Infringement on Rights of Other Employees Prohibited. –
I. The work experience and community service program shall not permit individuals in the employment program to participate in any way contrary to federal law under section 407(f) of the Social Security Act.
II. No participant in the work experience and community service program shall be required to work for more hours than would be needed to produce an equivalent compensation if the participant were paid at the federal minimum wage level, unless a greater number of hours is necessary for the participant to meet federal work participation requirements.
III. Participants in the work experience and community service program shall receive the protections regarding sexual harassment and work conditions, not related to compensation and benefits, which are available to regular employees in that workplace such as safe environment, non-discrimination, and adequate rest and meal periods.
IV. Participants in the work experience and community service program administered by the state shall be considered employees of both the state and the sponsor for workers' compensation purposes only, and any claims for workers' compensation thereunder shall be charged to the temporary assistance to needy families program. The state and the sponsor shall both be entitled to the exclusivity of remedy provisions of RSA 281-A:8. For purposes other than workers' compensation, the state shall not be vicariously liable for the actions or omissions of the sponsor and the sponsor shall not be vicariously liable for the actions or omissions of the state. Nothing in this section shall prohibit any direct contractual liability between the state and the sponsor.
Source.
1997, 279:2. 1998, 379:2. 2006, 325:17, eff. Oct. 1, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:91-b - Work Experience and Community Service Program Participants; Workers' Compensation Eligibility.

167:91-b Work Experience and Community Service Program Participants;  Workers' Compensation Eligibility. –
I. For the purposes of RSA 281-A, an employment program participant is an employee of both the state and the sponsor. In the event that it is determined that the participant has been subject to an injury or occupational disease producing a disability arising out of and in the course of participation in the employment program, the program shall not provide compensation pursuant to RSA 281-A:28, 281-A:28-a, 281-A:31, and 281-A:31-a, but the participant shall receive benefits from the employment program while otherwise eligible, or compensation equivalent to those benefits if the participant becomes ineligible for benefits under RSA 167. When determining the amount of compensation provided pursuant to RSA 281-A:32 for a scheduled permanent impairment award, the amount of compensation shall be calculated by using the minimum wage at the time of injury multiplied by the average number of hours worked per week or the number of hours agreed to by the program and the participant, whichever is higher.
II. The department of health and human services may provide this benefit by appropriate means including purchasing and serving as the master policyholder for any insurance, by self-insurance or by administrative services contract. Except as otherwise provided in this section, all other provisions of RSA 281-A apply.
Source.
1998, 379:3. 2006, 325:17, eff. Oct. 1, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:92 - Suitable Employment.

167:92 Suitable Employment. –
The commissioner, in determining whether or not any work is suitable for an individual, shall consider the following:
I. The degree of risk involved to a participant's health, safety, and morals.
II. A participant's physical fitness.
III. A participant's prior training and experience.
IV. A participant's prospects for securing, in the local labor market area, work in his or her customary occupation.
V. The distance of the available work from a participant's residence, provided that such distance shall not be substantially greater than that distance to all those places to which others living in the same town or city travel for work which utilizes similar or related skills or services, and also to where a participant acquired previous annual earnings.
VI. A participant's prior earnings and length of unemployment. Prior earnings may be given more weight initially in the first 26 weeks of the job search program than their length of unemployment.
Source.
1995, 310:62, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:93 - Administrative Fines.

167:93 Administrative Fines. –
The commissioner of health and human services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine pursuant to 42 C.F.R. 488.438 for each offense upon any person who violates any provision of RSA 167 or any rule adopted pursuant to such chapter relative to nursing home enforcement. Rehearings and appeals under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to the enforcement of this section.
Source.
1996, 163:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:93-a - Repealed by 2007, 349:19, I, eff. Sept. 14, 2007.

167:93-a Repealed by 2007, 349:19, I, eff. Sept. 14, 2007. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:93-b - Repealed by 2007, 349:19, II, eff. Sept. 14, 2007.

167:93-b Repealed by 2007, 349:19, II, eff. Sept. 14, 2007. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:93-c - Repealed by 2007, 349:19, III, eff. Sept. 14, 2007.

167:93-c Repealed by 2007, 349:19, III, eff. Sept. 14, 2007. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:93-d - Repealed by 2007, 349:19, IV, eff. Sept. 14, 2007.

167:93-d Repealed by 2007, 349:19, IV, eff. Sept. 14, 2007. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:94 - Repealed by 2017, 195:10, eff. Sept. 3, 2017.

167:94 Repealed by 2017, 195:10, eff. Sept. 3, 2017. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:95 - Purposes of the Fund.

167:95 Purposes of the Fund. –
The principal assets and interest earnings from the fund shall be used exclusively by the department of health and human services for the development of the community-based infrastructure needed to implement the community initiatives contained in the department's long-term care plan. No expenditures may be made for the purposes of political or legislative advocacy.
Source.
1998, 388:11, eff. Nov. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:96 - Available Assets.

167:96 Available Assets. –
Commencing with the fiscal year ending June 30, 2000, the state treasurer shall annually, on or before October 1, certify an amount to the commissioner which shall be the sum of the market value of the principal assets and interest earnings held in the fund available to be expended under RSA 167:95. Notwithstanding any other provision of law, the funds authorized for expenditure shall not be reduced by any funds made available from other sources.
Source.
1998, 388:11, eff. Nov. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:97 - Restrictions on Support.

167:97 Restrictions on Support. –
In developing the community-based infrastructure pursuant to RSA 169:95 or in any other program, the department shall act as a single state agency on aging and shall not establish or provide support to area agencies on aging.
Source.
1998, 388:11, eff. Nov. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-B - Marriage Counseling Referral Service › Section 167-B:1 - Service Established; Court Referrals.

167-B:1 Service Established;  Court Referrals. –
Whenever a petition for divorce or petition for legal separation has been filed with the superior court the presiding justice or his or her authorized representative, subject to rules to be established by the superior court, pending a hearing upon the merits, shall exercise his or her discretion to determine if the matter before the court shall be referred for marriage counseling to an approved family service agency within the jurisdiction of the court. If the parties are insured, the referral shall be made with due consideration to identifying a counselor who accepts direct payment from the parties' health insurance carrier. Any such referral shall be binding upon the petitioner and upon any petitionee who enters an appearance or otherwise submits himself or herself to the court's jurisdiction.
Source.
1961, 276:1. 2004, 114:2. 2011, 106:2, eff. July 30, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-B - Marriage Counseling Referral Service › Section 167-B:2 - Voluntary Applications.

167-B:2 Voluntary Applications. –
Any person desiring marriage counseling may apply directly to an approved family service agency or may be referred thereto by an authorized representative of the commissioner of health and human services, but all such counseling shall be subject to the approval of the commissioner who may promulgate such rules and regulations as he may deem necessary for the administration of the provisions hereof.
Source.
1961, 276:1. 1963, 211:1, eff. July 2, 1963.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-B - Marriage Counseling Referral Service › Section 167-B:3 - Approved Agencies.

167-B:3 Approved Agencies. –
An approved family service agency within the meaning of this chapter shall be those agencies approved by the commissioner of health and human services and which are located within the jurisdiction of the superior court making the referral or located within the county in which the applicant for counseling resides.
Source.
1961, 276:1. 1963, 211:2, eff. July 2, 1963.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-B - Marriage Counseling Referral Service › Section 167-B:4 - Supervision and Administration.

167-B:4 Supervision and Administration. –
The duties of the department of health and human services with respect to this chapter shall be:
(a) To inspect periodically case files of all referrals to any family service agency to determine the value and quality of the service rendered.
(b) To maintain records of all referrals and requests, of action taken and services provided, in sufficient detail so that the effectiveness of the program can be evaluated and recommendations made to the legislature.
(c) To pay, in accordance with the terms of this chapter, all invoices presented by participating family service agencies for referrals, but only if such invoices have been submitted in accordance with procedures established by the administering agency.
Source.
1961, 276:1. 1963, 211:3. 1983, 291:1. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-B - Marriage Counseling Referral Service › Section 167-B:5 - Reimbursement to Referral Agencies.

167-B:5 Reimbursement to Referral Agencies. –
Participating family service agencies shall be reimbursed as follows:
(a) $10 for the first consultation;
(b) $5 each for the next 3 consultations actually held;
(c) No reimbursement shall be made unless the person consulting a referral agency was referred by the court or approved by the commissioner, as provided herein, and no reimbursement shall be made after 4 consultations.
Source.
1961, 276:1. 1963, 211:4, eff. July 2, 1963.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-C - White Cane Law › Section 167-C:1 - Policy.

167-C:1 Policy. –
It is the policy of the state of New Hampshire to encourage and enable the blind, the visually disabled, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.
Source.
1971, 351:1. 1990, 140:2, X, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-C - White Cane Law › Section 167-C:3 - Penalty.

167-C:3 Penalty. –
Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation who denies or interferes with the admittance to or enjoyment of the public facilities enumerated in RSA 167-D or otherwise interferes with the rights of a totally or partially blind or otherwise disabled person as provided in RSA 167-C or RSA 167-D shall be fined not more than $25.
Source.
1971, 351:1. 1983, 275:6, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-C - White Cane Law › Section 167-C:4 - White Cane Safety Day.

167-C:4 White Cane Safety Day. –
Each year, the governor shall take suitable public notice of October 15 as White Cane Safety Day. He shall issue a proclamation in which he:
I. Comments upon the significance of the white cane;
II. Calls upon the citizens of the state to observe the provisions of the white cane law and to take precautions necessary to the safety of the disabled;
III. Reminds the citizens of the state of the policies with respect to the disabled herein declared and urges the citizens to cooperate in giving effect to them;
IV. Emphasizes the need of the citizens to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, or other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.
Source.
1971, 351:1, eff. Aug. 24, 1971.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-C - White Cane Law › Section 167-C:5 - Employment of Blind Persons.

167-C:5 Employment of Blind Persons. –
It is the policy of this state that the blind, the visually disabled, and the otherwise physically disabled shall be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
Source.
1971, 351:1. 1990, 140:2, X, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-D - Service Animals and Search and Rescue Dogs › Section 167-D:2 - Service Animal Duties.

167-D:2 Service Animal Duties. –
I. The work or tasks performed by a service animal shall be directly related to the handler's disability. Work and tasks may include, but is not limited to:
(a) Assisting individuals who are blind or have low vision with navigation and other tasks.
(b) Alerting individuals who are deaf or hard of hearing to the presence of people or sounds.
(c) Providing nonviolent protection or rescue work.
(d) Pulling a wheelchair.
(e) Assisting an individual during a seizure.
(f) Alerting individuals to the presence of allergens.
(g) Retrieving items such as medicine or a telephone.
(h) Providing physical support and assistance with balance and stability to individuals with mobility disabilities.
(i) Helping persons with psychiatric and neurological disability by preventing or interrupting impulsive or destructive behaviors.
(j) Alerting individuals with diabetes to a change in blood sugar levels.
II. The crime determent effect of an animal's presence and the provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of this chapter.
Source.
2011, 170:2, eff. Jan. 1, 2012. 2022, 26:1, eff. June 17, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-D - Service Animals and Search and Rescue Dogs › Section 167-D:3 - Private Clubs, Etc.

167-D:3 Private Clubs, Etc. –
Nothing herein contained shall be construed to include or apply to any institution, bona fide club, or place of accommodation, which is in its nature distinctly private; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent or one in loco parentis to direct the education and upbringing of a child under his or her control is hereby affirmed; nor shall anything herein contained be construed to bar any private secondary or postsecondary school from using good faith criteria other than race, creed, color, national origin, ancestry, or disability in admission of students.
Source.
2011, 170:2, eff. Jan. 1, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-D - Service Animals and Search and Rescue Dogs › Section 167-D:4 - Service Animals May Accompany.

167-D:4 Service Animals May Accompany. –
It is lawful for any service animal to accompany his or her handler or trainer into any public facility, housing accommodation, or place of public accommodation to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
Source.
2011, 170:2, eff. Jan. 1, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167-D - Service Animals and Search and Rescue Dogs › Section 167-D:5 - Application of RSA 167-D:4 to Search and Rescue Dogs.

167-D:5 Application of RSA 167-D:4 to Search and Rescue Dogs. –
The provisions of RSA 167-D:4 shall also apply to dogs involved in search and rescue missions at the request of a government agency when such dogs are in the course of, or traveling to or from the scene of, their official duties.
Source.
2011, 170:2, eff. Jan. 1, 2012.