reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:6-a - Criminal History Record Checks.

151-A:6-a Criminal History Record Checks. –
I. Every applicant for initial or reciprocity licensure or reinstatement shall submit to the board a criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
Source.
2016, 181:1, eff. Jan. 1, 2017. 2018, 318:7, eff. Aug. 24, 2018.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:7 - Licenses.

151-A:7 Licenses. –
I. An applicant for a license as a nursing home administrator who has:
(a) Successfully complied with the requirements of RSA 151-A:5 and the standards provided for therein; and
(b) Passed the examination provided for in RSA 151-A:6 shall be issued a license on a form provided for that purpose by the board, certifying that such applicant has met the requirements of the laws and rules entitling the applicant to serve, act, practice and otherwise hold such applicant out as a duly licensed nursing home administrator.
II. Under emergency conditions the secretary of the board in the secretary's discretion subject to the confirmation of the board may issue a non-renewable temporary emergency permit to a person of good character and suitability to act in the capacity of an administrator under the supervision of a licensed administrator pending action by the board until the next examination or not to exceed 6 months.
II-a. If the board is satisfied that a candidate for licensure under the reciprocity provisions of RSA 151-A:9 meets all the requirements and needs only sit for the state examination, the board may, if an urgent need is demonstrated, provide the candidate with a temporary permit to work as an administrator in a nursing home within the state of New Hampshire. This temporary permit shall only be valid for a period of 6 months and shall not be renewable or reissued to the same candidate.
III. If the board finds that programs of training and instruction conducted within the state are not sufficient in number or content to enable nursing home administrators to meet requirements established pursuant to this chapter, the board may request the department of health and human services to institute and conduct or arrange with others to conduct one or more such programs, and shall make provision for their accessibility to residents of this state. The department of health and human services may approve programs conducted within and without this state as sufficient to meet education and training requirements established pursuant to this chapter. For purposes of this paragraph, the department of health and human services shall have the authority to receive and disburse state funds allocated for this purpose and federal funds received pursuant to section 1908(e)(1) of the Social Security Act.
Source.
1969, 459:1. 1971, 350:1. 1977, 477:6. 1989, 337:6, 7. 1995, 310:181. 1998, 137:7, eff. Aug. 7, 1998. 2021, 197:96, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:8 - Registration.

151-A:8 Registration. –
I. Every individual who holds a valid license as a nursing home administrator issued by the board under RSA 151-A:7 shall immediately upon issuance thereof be deemed registered with the board and be issued a certificate of registration. Thereafter, such individual shall biennially be required to apply to the board for a new certificate of registration and report any facts requested by the board on forms provided for such purpose.
II. Upon making an application for a new certificate of registration such individual shall pay a biennial registration renewal fee established by the office of professional licensure and certification.
III. Upon receipt of such application for registration, the registration fee and the evidence required with respect to the rules and regulations of the board, the board shall issue a certificate of registration to such nursing home administrator.
IV. Upon complaint or other knowledge of a nursing home administrator's violation of any provision of this chapter and for the health, safety, and protection of the public, the board is granted emergency license suspension authority. The board may immediately suspend an administrator's license to practice, pending notice and hearing as provided under RSA 541-A. For any license so suspended, the board shall also notify the bureau of health facilities administration.
V. A nursing home administrator who has been duly licensed and registered in this state whose license shall not have been revoked or suspended, and whose registration has expired because such nursing home administrator shall have temporarily abandoned the practice of nursing home administration, or shall have removed from the state, or for such other reason, may register within the state upon complying with the provisions of this section for registration, and also filing with the board an affidavit of such facts.
VI. Only an individual who has qualified as a licensed and registered nursing home administrator under the provisions of this chapter, and who holds a valid current registration certificate pursuant to the provisions of this section for the current biennial registration period, shall have the right and the privilege of using the title "Nursing Home Administrator", and have the right and the privilege of using the abbreviation "N.H.A." after such individual's name. No other person shall use or shall be designated by such title or such abbreviation or any other words, letters, sign, card, or device tending to, or intended to, indicate that such person is a licensed and registered nursing home administrator.
VII. [Repealed.]
Source.
1969, 459:1. 1977, 477:7. 1989, 337:8. 1998, 137:8, eff. Aug. 7, 1998. 2014, 167:32, eff. July 1, 2014. 2021, 197:97, 98, III, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:9 - Reciprocity.

151-A:9 Reciprocity. –
The board, subject to the provisions of this chapter and the rules and regulations of the board promulgated thereunder prescribing the qualifications for nursing home administrator license, may endorse a nursing home administrator license issued by the proper authorities of any other state upon payment of a reasonable fee as established by the board and upon submission of evidence satisfactory to the board that:
I. Such other state maintained a system and standard of qualifications and examinations for a nursing home administrator license which were substantially equivalent to those required in this state at the time such other license was issued by such other state; and,
II. Such other state gives similar recognition and endorsement to nursing home administrator licenses of this state.
Source.
1969, 459:1. 1977, 477:8, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:10 - Injunction.

151-A:10 Injunction. –
The board may in accordance with the laws of the state governing injunctions and other process maintain an action in the name of the state against any nursing home or against any individual who is in violation of this chapter.
Source.
1969, 459:1, eff. July 3, 1969.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:11 - Disciplinary Proceedings.

151-A:11 Disciplinary Proceedings. –
I. The license or registration or both of any person practicing or offering to practice nursing home administration may be revoked or suspended, or such licensee may be reprimanded, censured, or fined or may have conditions placed on the license or may otherwise be disciplined in accordance with the provisions of this section upon decision and after due hearing as provided by RSA 541-A in any of the following cases:
(a) Upon proof that such licensee is unfit or incompetent by reason of negligence, habits or other causes;
(b) Upon proof that such licensee has willfully or repeatedly violated any of the provisions of this chapter or the rules adopted under this chapter; or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients of the home in which the licensee is the administrator;
(c) Upon proof that such licensee is guilty of fraud or deceit in the practice of nursing home administration or in his or her admission to such practice;
(d) Upon proof that such licensee has been convicted in a court of competent jurisdiction, either within or without this state, of a felony. Due consideration shall be given to the nature of the offense in determining whether the license shall be revoked or suspended.
II. [Repealed.]
III. [Repealed.]
IV. [Repealed.]
V. [Repealed.]
Source.
1969, 459:1. 1977, 477:9, 10. 1989, 337:9, 10. 1998, 137:9-11, eff. Aug. 7, 1998. 2023, 212:29, III, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:12 - Restoration of Licenses and/or Registrations.

151-A:12 Restoration of Licenses and/or Registrations. –
I. The board may, in its discretion, reissue a license and/or registration to any person whose license and/or registration has been revoked.
II. If a person convicted of a felony or crime deemed to be a felony is subsequently pardoned by the governor of the state where such conviction was had or by the president of the United States, or shall receive a certificate of good conduct granted by the board of parole, the board shall, on application of such person and on the submission of evidence satisfactory to the board, restore to such person the nursing home administrator's license and/or registration.
Source.
1969, 459:1, eff. July 3, 1969.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:13 - Separability Clause.

151-A:13 Separability Clause. –
If any action or provision of this chapter shall be declared unconstitutional or void by any court of competent jurisdiction, or the applicability thereof to any person or circumstances shall be held invalid, the constitutionality and validity of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby, and to this end the sections and provisions of this chapter are declared to be severable.
Source.
1969, 459:1, eff. July 3, 1969.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:14 - Authorization.

151-A:14 Authorization. –
In order to provide necessary funds for training courses for nursing home administrators, the state treasurer is authorized to establish a revolving fund within the office of professional licensure and certification in sums sufficient to carry out this provision, such funds to be reimbursed in full by federal matching funds and by tuition charges to the nursing home administrators taking such training courses.
Source.
1969, 459:1. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995. 2015, 276:86, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:15 - Patient Accounts; Disposition Upon Death; Testate or Intestate.

151-A:15 Patient Accounts;  Disposition Upon Death;  Testate or Intestate. –
I. If within 30 days after the date of a testate or intestate patient's death in any nursing home no petition for probate has been filed under any section of RSA 553 and the gross value of the personal property remaining at the nursing home belonging to the deceased, including any amount left in a patient account, is no more than $10,000, the nursing home administrator shall file in the probate court in the county where the nursing home is located an affidavit for the purpose of disposing of such deceased patient's estate. The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to RSA 547:33. The nursing home administrator shall not file a death certificate with the probate court, but shall attest to the death in the affidavit. If the nursing home patient died testate and if the nursing home administrator has the will or a copy of the will, the nursing home administrator shall file the same in the probate court in the county where the nursing home is located. The probate court shall waive all filing fees.
II. Notwithstanding the provisions of RSA 561, if all known debts of the deceased have been paid and a balance remains in the deceased's estate after the filing required under paragraph I, the probate court may order the administrator to pay the balance to the state treasurer to be held as abandoned property pursuant to RSA 471-C.
Source.
1981, 249:1. 1991, 85:1. 1998, 137:12, eff. Aug. 7, 1998. 2005, 252:6, eff. Jan. 1, 2006. 2006, 180:1, eff. May 25, 2006. 2011, 88:21, eff. July 1, 2011. 2012, 167:1, eff. June 7, 2012. 2021, 122:39, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-D - Ambulatory Care Clinics › Section 151-D:1 - Definitions.

151-D:1 Definitions. –
In this chapter:
I. "Ambulatory care clinic" means any institution or organization, publicly or privately owned, for-profit or not-for-profit, which is engaged in the operation of, or formed for the purposes of operating, an ambulatory health care facility, licensed by the state of New Hampshire, in which health care services are offered to the public on an outpatient basis by or under the direction of physicians licensed by the state of New Hampshire and licensed health care professionals. The term "ambulatory care clinic" shall also include medical facilities operated by the division of medical and psychiatric services, department of corrections.
II. "Records" means records of interviews, internal reviews and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance program. Records shall not mean original medical records or other records kept relative to any patient in the course of the business of operating an ambulatory care clinic.
III. "Quality assurance program" means a comprehensive, ongoing organization-wide system of mechanisms for monitoring and evaluating the quality and appropriateness of the care provided, so that important problems and trends in the delivery of care are identified and that steps are taken to correct problems and to take advantage of opportunities to improve care.
Source.
1995, 116:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-D - Ambulatory Care Clinics › Section 151-D:2 - Proceedings of Quality Assurance Program; Confidentiality.

151-D:2 Proceedings of Quality Assurance Program;  Confidentiality. –
I. Records of an ambulatory care clinic's quality assurance program, including those of its functional components and committees as defined by the organization's quality assurance plans, organized to evaluate matters relating to the care and treatment of patients and to improve the quality of care provided, and testimony by members on the board of directors of the ambulatory care clinic, medical and clinical staff, employees, or other committee attendees relating to activities of the quality assurance program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality assurance program, and any person who supplies information or testifies as part of a quality assurance program, or who is a member of a quality assurance program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:
(a) A judicial or administrative proceeding brought by an ambulatory care clinic, its quality assurance program, or its board of directors, to revoke or restrict the license, certification, or privileges of a physician or staff member; or
(b) A proceeding alleging repetitive malicious action and personal injury brought against a physician or staff member.
II. An ambulatory care clinic board of directors or trustees, or in the case of the division of medical and psychiatric services, the commissioner of the department of corrections, may waive the privilege under this section and release information or present records of the quality assurance program by discovery, subpoena, or admission into evidence in any judicial or administrative proceeding.
III. No owner, director, trustee, medical or clinical staff, employee, or other attendees of the quality assurance program shall be held liable in any action for damages or other relief arising from the providing of information to a quality assurance program or in any judicial or administrative proceeding.
Source.
1995, 116:1. 2002, 221:4, eff. Jan. 1, 2003.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:1 - Purpose.

151-E:1 Purpose. –
I. The purpose of this chapter is to provide medicaid eligible elderly and chronically ill adults with a continuum of care appropriate to their needs and affordable to the state and its taxpayers.
II. To a great extent, the current system relies on nursing facilities to provide care for this group. While the quality of this care is high, an increasingly elderly and disabled population and a constrained public financial resource base require the state to reevaluate how long-term care services are provided. Moreover, many long-term care recipients and potential recipients prefer to be cared for at home or in other settings less acute than a nursing facility. Because far more may be spent on nursing facility care than on home and community-based care, there is an inherent difference between the state's present long-term care system and what recipients prefer.
III. This chapter is an essential step toward rebalancing the long-term care system and expanding choices available to recipients. It increases the continuum of care by adding mid-level care, including but not limited to, assisted living and residential care services. Through an acuity-based reimbursement system , a comprehensive needs assessment process, and an information and assistance process, it provides those eligible for Medicaid nursing facility services the opportunity to choose more appropriate, less costly mid-level services and home and community-based care. In this way, the state intends to serve this increasing Medicaid eligible population more appropriately and more economically.
Source.
1998, 388:1, eff. Nov. 25, 1998. 2007, 330:4, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:2 - Definitions.

151-E:2 Definitions. –
In this chapter:
I. "Assisted living facility" means a facility with individual living units where medical and social support services are provided on the basis of an individualized plan of care and which provides other common social support services.
II. "Congregate housing" means public housing providing congregate services as defined in RSA 161-F:36.
III. "Department" means the department of health and human services.
IV. "Home-based care" means a range of medical and supportive services provided under the medicaid waiver to persons in their own homes or in the home of a relative or other person.
V. "Nursing facility" means an institution or facility, or a distinct part of an institution or facility, whether proprietary or non-proprietary, which is primarily engaged in providing 24-hour care for residents needing:
(a) Skilled nursing care, medical monitoring, and related services;
(b) Rehabilitation services for the rehabilitation of injured chronically disabled or sick;
(c) Medication administration or instruction and supervision; or
(d) On a regular basis, health-related care and services (above the level of room and board) which can be made available to them only through institutional facilities which provide 24-hour care.
VI. "Medicaid waiver" means the medicaid home and community-based care waiver for the elderly and the chronically ill.
VII. "Mid-level care" means care provided in an assisted living facility, congregate housing, or residential care facility under the medicaid waiver.
VII-a. "Person-centered planning" means a planning process to develop an individual support plan that is directed by the person, his or her representative, or both, and which identifies his or her preferences, strengths, capacities, needs, and desired outcomes or goals.
VIII. "Residential care facility" means a facility, including a supported residential care facility, which provides services to 2 or more individuals, beyond room and board care, in a residential setting, as an alternative to nursing facility care, which offers residents home-like living arrangements, social, health, or medical services, including but not limited to, medical or nursing supervision, or medical care or treatment by appropriately trained or licensed individuals, assistance in daily living, or protective care. "Residential care facility" shall also include a facility certified in accordance with RSA 151:9, VIII.
Source.
1998, 388:1. 2002, 101:3, eff. Jan. 1, 2003. 2007, 330:5, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:4 - Consumer Choice.

151-E:4 Consumer Choice. –
I. A person who has been determined to be Medicaid eligible for nursing facility services in accordance with RSA 151-E:3 shall have the right to receive nursing facility services; however, the person shall be offered and may choose to receive services in a less restrictive setting if such services are available. Such choice shall be offered in accordance with state laws and federal regulations. The person shall have the right to have his or her individual support plan developed through a person-centered planning process regardless of age, disability, or residential setting. The department shall take into consideration the family and community supports available to the person, the family's desire and ability to care for the person, and shall ensure that all consideration and support is offered to the family to maintain the person in home and community-based care. Nothing in this section is intended to require the provision of financial assistance or supports by a family member.
II. All individuals, entities, or organizations under contract to provide services in accordance with this chapter shall administer programs and services in accordance with 42 C.F.R. section 441.301, and any subsequent amendments thereto.
Source.
1998, 388:1, eff. Nov. 25, 1998. 2005, 175:3, eff. Aug. 29, 2005. 2007, 330:8, eff. Jan. 1, 2008. 2019, 287:8, eff. July 1, 2019. 2020, 32:6, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:5 - Information and Referral.

151-E:5 Information and Referral. –
The department shall establish a system of community-based aging and disability resource centers that provide information and referral services to older adults and adults with disabilities. The aging and disability resource center network established under this section shall not be used for the purpose of political advocacy, but may inform and educate the general court regarding the extent of services available as well as the unmet needs in the community.
Source.
1998, 388:1, eff. Nov. 25, 1998. 2007, 330:9, eff. Jan. 1, 2008. 2023, 79:574, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:6 - Acuity-Based Reimbursement System.

151-E:6 Acuity-Based Reimbursement System. –
I. The department shall pursue as expeditiously as possible the development and implementation of a reimbursement system for nursing facility services based primarily on the acuity level of patients consistent with state and federal law and all appropriate notice requirements. All nursing facilities shall use best efforts to provide all information and data requested by the department in the course of its development of such a system and to assist the department in any manner reasonably requested by the department.
II. Unless otherwise required by state or federal law, the acuity-based reimbursement system developed by the department shall not create separate classifications for county and non-county facilities and shall be based on the concept of the cost of operating an efficient facility rather than actual costs.
III. [Repealed.]
Source.
1998, 388:1, eff. Nov. 25, 1998. 2012, 264:2, II, eff. Aug. 17, 2012.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:6-a - Repealed by 2010, 368:1(15), eff. Dec. 31, 2010.

151-E:6-a Repealed by 2010, 368:1(15), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:6-b - Memorandum of Agreement.

151-E:6-b Memorandum of Agreement. –
The department of health and human services shall establish, by means of a memorandum of agreement with the New Hampshire Association of Counties, a mechanism for the receipt of input from the Association of Counties regarding the type, cost, utilization, and procedures relative to payments which the counties are obligated to make pursuant to RSA 167:18-a. The memorandum of agreement shall be reviewed annually and amended as may be determined to be necessary by the parties.
Source.
2001, 198:2, eff. July 5, 2001. 2007, 263:15, eff. July 1, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:6-c - Payment System for Nursing Facilities.

151-E:6-c Payment System for Nursing Facilities. –
The payment system for nursing facility level of care shall be as follows:
I. Rate calculation worksheets for all providers will be provided at least 30 days prior to the effective date of any rate changes.
II. Acuity levels must be updated at least semi-annually, on a regular, predictable basis using the latest available data.
III. The commissioner of the department of health and human services shall continue to evaluate the effectiveness of the acuity-based payment system for medicaid payments for nursing facility care. The commissioner shall determine if any changes in the payment system are appropriate.
IV. [Repealed.]
V. Any rate changes due to the updating of acuity or cost data shall occur only with proper prior notification and explanation to affected providers and the affected beneficiary population.
Source.
2001, 198:2, eff. July 5, 2001. 2012, 264:2, III, eff. Aug. 17, 2012.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:7 - Needs Assessment for Applicants for Nursing Facility Services.

151-E:7 Needs Assessment for Applicants for Nursing Facility Services. –
I. In order to determine the most cost effective and appropriate level of long-term care services, the department shall assess the clinical eligibility of each applicant to a nursing facility in a uniform manner throughout the state. The assessment shall be voluntary for all applicants, except those who have applied for or have been determined to be eligible for medicaid benefits.
II. The assessment shall be completed prior to admission or, if necessary for reasons of the person's health or safety, as soon after admission as possible, in accordance with rules adopted by the department pursuant to RSA 541-A.
III. The department in a uniform manner throughout the state shall determine whether the person is clinically eligible for nursing facility services.
IV. The department shall inform both the applicant and the administrator of the nursing facility of the department's determination of the services needed by the applicant and shall provide information and assistance to the applicant in accordance with RSA 151-E:9.
V. If a nursing facility admits a person who at the time of admission was not determined to be clinically eligible for the level of services provided by a nursing facility and that person, within a 3-year period after admission, is determined to be financially eligible for medicaid benefits pursuant to RSA 151-E:3, I(b), the nursing facility shall be responsible for all costs of medicaid-funded long-term care services provided to the individual for the period of time, not to exceed one year, from the date of the determination of financial eligibility to the end of the third year of admission unless the individual is determined to be clinically eligible for nursing facility services.
VI. Any assessment of medical needs conducted under this section shall be conducted by a qualified medical professional.
Source.
1998, 388:1, eff. Nov. 25, 1998.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:8 - Assessment or Reassessment at Time of Eligibility.

151-E:8 Assessment or Reassessment at Time of Eligibility. –
The department shall perform an assessment or reassessment of the person's clinical eligibility when the person becomes financially eligible for medicaid benefits pursuant to RSA 151-E:3, I(b).
Source.
1998, 388:1, eff. Nov. 25, 1998.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:9 - Information and Assistance.

151-E:9 Information and Assistance. –
The department shall provide information and assistance to each applicant to a nursing facility. Such information and assistance shall:
I. Be based upon the principle that services shall be provided in the setting that is least restrictive of the applicant's ability to live independently;
II. Take into consideration the applicant's choice of service location;
III. Include information regarding the degree to which the services sought are available at home or in some other community-based setting;
IV. Explain the relative costs to the applicant of choosing care in the home or other setting rather than nursing facility care; and
V. Include advice as to whether receiving services in a home or other community-based setting is clinically appropriate for the applicant.
Source.
1998, 388:1, eff. Nov. 25, 1998.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:10 - Notification by Hospitals.

151-E:10 Notification by Hospitals. –
Prior to the discharge or referral of any person to any nursing facility, a hospital shall notify the department that such person requires nursing facility services which necessitate an assessment under RSA 151-E:7 or the provision of information and assistance under RSA 151-E:9.
Source.
1998, 388:1, eff. Nov. 25, 1998.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:11 - Program Management and Cost Controls.

151-E:11 Program Management and Cost Controls. –
I. The department shall designate in its operating budget requests specific class lines for nursing facility, mid-level, and home-based care provided for in this chapter. These class lines shall reflect, and the requesting documentation shall include, the anticipated number of persons to receive services. The department shall not increase expenditures in approved budgets for these class lines or the number of persons to receive mid-level or home care services without the approval of the legislative fiscal committee, and the prior review of the county-state finance commission. The medicaid rates paid for nursing facility services, mid-level care services, and home and community-based care services shall not be reduced below those levels in effect on the last day of the previous biennium. No transfers may be made from the nursing facility medicaid quality incentive program and all funding derived from that program shall be paid to nursing facilities.
II. [Repealed.]
III. (a) The methodology for determining the cost of care for recipients in the home and community-based care waiver program for the elderly and chronically ill shall include the cost of:
(1) Waiver program services; and
(2) Other medicaid long-term care services, including but not limited to personal care, home health services, physical therapy, occupational therapy, speech therapy, adult medical day program services, private duty nursing, and case management services.
(b) Such methodology shall not include services rendered for the treatment of an acute illness or injury.
IV. Pursuant to RSA 541-A, the commissioner of the department of health and human services, with prior reporting to the oversight committee on health and human services, shall adopt by rule methodologies for determining the cost and average annual cost of home-based care, mid-level care, and intermediate, skilled, or specialized nursing facility care, including:
(a) Bases for the methodologies;
(b) Identification of services considered in determining costs;
(c) Average annual costs based on the annual average number of recipients in the setting;
(d) The requirement that nursing facility care include both the initial Medicaid rate and supplemental rates paid through the Medicaid Quality Incentive Program; and
(e) The requirement that the nursing facility will include the cost for transitional case management.
Source.
1998, 388:1. 2003, 223:5, eff. July 1, 2003; 319:35, eff. July 1, 2003. 2005, 175:13, eff. Aug. 29, 2005. 2010, 112:1, 2, eff. Jan. 1, 2011. 2015, 259:16, eff. July 1, 2015. 2020, 32:7, 8, eff. Jan. 1, 2021. 2021, 122:41, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:12 - Rulemaking.

151-E:12 Rulemaking. –
The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the administration of this chapter.
Source.
1998, 388:1, eff. Nov. 25, 1998.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:13 - Repealed by by 2004, 260:21, II, eff. June 16, 2004.

151-E:13 Repealed by by 2004, 260:21, II, eff. June 16, 2004. –
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:14 - Nursing Facility Trust Fund Established.

151-E:14 Nursing Facility Trust Fund Established. –
There is hereby established the nursing facility trust fund for the receipts from nursing facilities as defined in RSA 84-C:1, V(a), from the nursing facility quality assessment under RSA 84-C:3, any federal financial participation received by the state as a result of expenditures funded by these nursing facility quality assessments, and the interest thereon. All of these funds shall be credited to and for the purposes of the nursing facility trust fund and shall not be used for any other purposes.
Source.
2003, 223:11, eff. July 1, 2003. 2008, 253:6, eff. June 26, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:15 - Expenditure of Funds From Nursing Facility Trust Fund.

151-E:15 Expenditure of Funds From Nursing Facility Trust Fund. –
Notwithstanding any other provision of law, moneys in the nursing facility trust fund shall be expended in the following manner:
I. All moneys in the fund shall be paid out no less frequently than on a quarterly basis and shall be disbursed as follows:
(a) The moneys in the fund shall be used to eliminate or reduce to the maximum extent possible the difference between the allowable medicaid costs, derived from the nursing facility medicaid acuity rate setting system, which nursing facilities incur in providing care to medicaid residents, and the amount which the state has budgeted in order to fund that care.
(b) If after the disbursement required in subparagraph (a) there are still any moneys remaining in the fund, the nursing facility rate setting system shall be adjusted to insure that all moneys in the fund are expended for nursing facility care.
II. The state treasurer shall transfer from the nursing facility trust fund to the general fund on the first business day of each quarter the amount necessary to fund the payments under paragraph I.
III. The state treasurer shall transfer, and the commissioner of health and human services shall fund the full amount of the nursing facility trust fund in each quarter.
IV. Notwithstanding the provisions of RSA 167:18-a, no county shall be required to make any contribution to the distribution under this section.
Source.
2003, 223:11. 2004, 260:18, eff. June 16, 2004. 2007, 263:16, eff. July 1, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:15-a - Repealed by 2019, 346:358, II, eff. July 1, 2019.

151-E:15-a Repealed by 2019, 346:358, II, eff. July 1, 2019. –
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:16 - Accurate Cost Estimates.

151-E:16 Accurate Cost Estimates. –
I. The department shall estimate and report the full cost to the state of adequately funding long-term care services at a level which ensures all eligible individuals the quality services which they need and for which they are eligible. The cost estimates shall include the cost to fund home and community-based, mid-level, and nursing facility care at a reimbursement level necessary to ensure that individuals who are eligible for Medicaid-funded long-term care services have access to quality services in all 3 settings, are able to live with dignity in a safe environment, and are able to exercise choice in their care setting. The department estimate shall be based on provider reimbursement rates that ensure a provider workforce that is sufficient to fully meet the needs of eligible consumers.
II. The department shall include the estimate required by paragraph I as an informational addendum to its budget submission.
Source.
2007, 330:10, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:17 - Availability of Targeted Management Services.

151-E:17 Availability of Targeted Management Services. –
The department shall make available to and advise all Medicaid recipients who require a nursing facility level of care or are at risk of needing such care and who are patients in hospitals, rehabilitation hospitals, or nursing facilities of the availability of targeted case management services provided by independent case managers, to explore the feasibility of transitioning to home and community-based care.
Source.
2007, 330:10, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:18 - Presumptive Eligibility.

151-E:18 Presumptive Eligibility. –
I. The commissioner of the department shall establish a presumptive eligibility program to prevent unnecessary and costly institutionalization of individuals who are Medicaid eligible for nursing facility services and choose to receive services in less restrictive settings.
II. Pending verification of application information, the department shall authorize medical assistance in the interval between application and the final Medicaid eligibility determination if the department determines the applicant is likely to be eligible. Presumptive eligibility shall be made available at department district offices, information and referral resource centers, and other qualified providers. The presumptive eligibility period shall not include coverage of home or environmental modifications.
III. Presumptive eligibility authorizations shall be dependent upon a face-to-face clinical assessment of each applicant and review of a completed Medicaid application. The department shall perform the face-to-face clinical assessment within 20 business days of a request for medical assistance. The department shall review the application for presumptive eligibility within 5 business days of completion of the Medicaid application and clinical assessment.
IV. The presumptive eligibility period begins on the date the department determines the applicant likely meets the eligibility criteria and ends on the date eligibility is verified or the individual is determined ineligible.
V. The Medicaid applicant shall acknowledge in writing the uncertainty of continuing service coverage beyond the presumptive eligibility period and the potential for financial responsibility for costs incurred in the event of a determination of Medicaid ineligibility.
VI. If an applicant is determined ineligible for Medicaid, the department shall promptly notify the applicant and the applicant's providers of the finding and the immediate termination of service coverage authorization. In such a case, the department shall use non-Medicaid funds to pay for any waiver services which the applicant has already received. In the event an application was filed with fraudulent intent, the department shall be entitled to reimbursement of funds expended on behalf of the applicant.
VII. The commissioner of the department shall adopt rules, pursuant to RSA 541-A, relative to:
(a) A process to determine presumptive eligibility.
(b) A definition of a qualified provider.
(c) Content and format of forms required under this section.
Source.
2007, 330:10, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:22 - Purposes.

151-E:22 Purposes. –
The purposes of this subdivision are to:
I. Build upon existing infrastructure to establish a comprehensive and coordinated system of care to ensure that older adults and adults with disabilities have access to and timely delivery of supports and services and to ensure that they have a meaningful range of options.
II. Reduce the cost of providing long-term care by expanding the availability of less costly home and community-based services.
III. Require the department of health and human services to expand and improve access to home and community-based services for older adults and adults with disabilities in alignment with New Hampshire's state plan on aging, the federal Older Americans Act, Americans with Disabilities Act, and Medicaid law.
IV. The system of care referenced in this subdivision is meant to streamline access to long-term care supports and services and not intended to expand eligibility for any current Medicaid programs, including long-term care Medicaid or any home and community-based Medicaid waiver programs.
Source.
2023, 79:568, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:23 - Statement of Policy.

151-E:23 Statement of Policy. –
It is the policy of New Hampshire to establish and implement a comprehensive and coordinated system of care that promotes healthy aging and enables older adults and adults with disabilities to have a meaningful choice in care options, including the ability to receive the care they need in their homes and communities.
Source.
2023, 79:568, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-E - Long-Term Care › Section 151-E:24 - Definitions.

151-E:24 Definitions. –
In this subdivision:
I. "Disability" means a physical or mental impairment that substantially limits one or more major life activities.
II. "Home and community-based services" means a range of medical and supportive services provided to persons in their own homes or other community-based settings including, but not limited to, adult day programs, and assisted living.
III. "Long-term services and supports"means a variety of services provided in both facilities and community-based settings designed to meet a person's health or personal care needs to help them live as independently and safely as possible when they can no longer perform everyday activities on their own.
IV. "Older adult" means an individual who is 60 years of age or older.
V. "System of care" means:
(a) A comprehensive and coordinated delivery system for the provision of long-term services and supports to New Hampshire's older adults and adults with disabilities.
(b) The system of care is intended to provide services to all older adults and adults with disabilities who require long-term services and supports.
(c) The system of care shall have the following characteristics:
(1) A comprehensive array of long-term services and supports including, but not limited to, personal care, homemaker services, transportation, meal delivery or preparation, emergency response systems, adult day care, and family caregiver support to enable older adults and adults with disabilities to remain independent and in the setting of their choice.
(2) An absence of significant gaps in services and barriers to services.
(3) Sufficient administrative capacity to ensure quality service delivery.
(4) Services that are consumer-driven, community-based, and culturally and linguistically competent.
(5) Transparent, with information made available and known to consumers, providers, and payers.
(6) A funding system that supports a full range of service options.
(7) A performance measurement system for accountability, monitoring and reporting of system quality, access and cost.
Source.
2023, 79:568, eff. July 1, 2023.