reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:60 - Definitions.

161-F:60 Definitions. –
In this subdivision:
I. "Homemaker" means a carefully trained, supervised person who works as a member of a team composed of professional and allied workers providing health and social services.
II. "Provider agency" means:
(a) Homemaker service agency;
(b) Homemaker program of a family or child welfare service;
(c) An organization serving the aged;
(d) A visiting nurse association; or
(e) Any similar profit or nonprofit organization.
III. "Qualified" means that the provider of the service has been monitored and evaluated as meeting the basic standards set by the department.
IV. "Supervision" means the initial assessment and reassessment of individual or family needs to determine the appropriate kinds of service and the direction given to the homemaker by a nurse, social worker, or other member of the professional team responsible for determining and carrying out the plan of care.
Source.
1989, 7:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:61 - Homemaker; Duties.

161-F:61 Homemaker;  Duties. –
I. The trained homemaker, working for a provider agency, shall carry out assigned tasks in the family's or individual's residence. The assignments shall be carried out under supervision of a professional, who shall assess the need for the service and implement the plan of care.
II. Duties of the homemaker shall include, but not be limited to, the following:
(a) Respite family relief.
(b) Special diet planning and meal preparation.
(c) Limited assistance with personal care needs.
(d) Budgeting.
(e) Home management.
(f) Light housekeeping, laundry, shopping, and errands.
Source.
1989, 7:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:62 - Administration; Services.

161-F:62 Administration;  Services. –
I. The homemaker services shall be administered through the department and shall be coordinated with any existing homemaker services. The services shall be provided through the purchase of qualified service and, to the extent feasible, shall be coordinated through local agencies. To be certified by the department, any agency, whether public or private, nonprofit or profit, shall meet the basic standards for licensure under RSA 151.
II. Benefits provided to an individual or family may include full or part-time care and services. Normally, the services will be on a part-time basis. Persons who are eligible under rules adopted by the commissioner may receive the benefits of the services.
Source.
1989, 7:1. 1995, 310:175, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:63 - Rulemaking.

161-F:63 Rulemaking. –
The commissioner shall adopt rules, under RSA 541-A, relative to:
I. Eligibility for services.
II. Cost and payment of services.
III. [Repealed.]
Source.
1989, 7:1. 1995, 310:183. 2012, 171:26, VII, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:64 - Repealed by 2021, 122:43, I, eff. July 9, 2021.

161-F:64 Repealed by 2021, 122:43, I, eff. July 9, 2021. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:65 - Statement of Purpose.

161-F:65 Statement of Purpose. –
The general court finds that Alzheimer's disease and related disorders (ADRD) affect an alarmingly high percentage of citizens and that ADRD creates a great strain on the families of victims of the disease. In enacting this subdivision, it is the intent of the general court to address these concerns and to promote public awareness of ADRD.
Source.
1989, 7:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:66 - Definitions.

161-F:66 Definitions. –
In this subdivision:
I. "ADRD", Alzheimer's disease and related disorders, means conditions for which an individual receives a differential diagnosis of Alzheimer's disease or a similar irreversible dementia, or for which an individual demonstrates symptoms of Alzheimer's disease or a similar irreversible dementia to an extent such symptoms interfere with activities of daily living.
II. "Eligible person" means any adult who is unable to attend to his daily needs without the assistance or regular supervision of a primary caregiver due to ADRD.
III. "Primary caregiver" means the family member or other natural person who normally provides the home care and supervision of a victim of ADRD.
IV. "Respite care service" means care provided on an intermittent basis to the eligible person to relieve the primary caregiver from the demands of home care for a limited period of time.
Source.
1989, 7:1, eff. Jan. 1, 1990. 2022, 98:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:67 - Respite Care Service Established.

161-F:67 Respite Care Service Established. –
The commissioner shall establish and administer a statewide respite care service for the purpose of providing respite care for eligible persons by trained respite care providers. The service shall be purchased through contracts, and to the extent feasible shall be coordinated through local agencies.
Source.
1989, 7:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:68 - Guidelines; Fees Established by Rules.

161-F:68 Guidelines;  Fees Established by Rules. –
Respite care service may be on a planned or emergency basis either in the home of the eligible person, in an out-of-home respite care setting, or in a licensed nursing home. The commissioner shall adopt rules pursuant to RSA 541-A, relative to appropriate fees for respite care services.
Source.
1989, 7:1. 1991, 128:1. 1995, 310:115, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:69 - Training.

161-F:69 Training. –
The commissioner shall establish comprehensive training programs for persons providing services to eligible persons.
Source.
1989, 7:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:70 - Rulemaking.

161-F:70 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Training programs as required under RSA 161-F:69.
II. Eligibility requirements for respite care service.
III. Appropriate fees for respite care services.
IV. Cost and method of payment for services.
V. What constitutes appropriate respite care service.
VI. What constitutes an appropriate respite care setting.
VII. The administration of this subdivision.
Source.
1989, 7:1. 1991, 128:2, 3. 1995, 310:116, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:72 - Purpose.

161-F:72 Purpose. –
The purpose of this subdivision is to provide adult in-home care services to persons in need of such care, who otherwise might be inappropriately placed in an institutional care setting.
Source.
1989, 7:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:73 - Definitions.

161-F:73 Definitions. –
In this subdivision:
I. "Adult in-home care" means caring by a person who is neither a professional nor a paraprofessional for an elderly or vulnerable adult's needs for food, activity, home care, and personal care for a portion of the 24-hour day in the adult's independent living situation. Such services are limited to those the department finds are appropriate and are determined by the provider agency to be within the expertise and abilities of the caregiver and may include, but not be limited to, assistance in the following: walking, dressing, bathing, eating, meal preparation, shopping, light housekeeping, sewing, laundry and other errands.
II. "Adult in-home care provider" means any organization, business entity, or subdivision of such organization or entity, whether public or private, whether operated for profit or not, which is engaged in arranging or providing, directly or through contract arrangement, adult in-home care services. An adult in-home care provider may also be an individual, 18 years of age or older who, in the judgment of the department, is reliable and able to meet the needs of the individual being cared for.
III. "Supervision" means the initial assessment and reassessment by the provider of the person requiring the in-home care to determine the necessary and appropriate services. Supervision also includes the directions given by nurses, social workers, or other professionals to the person providing the actual care.
Source.
1989, 7:1. 1995, 310:175, eff. Nov. 1, 1995. 2016, 59:11, eff. July 4, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:74 - Administration; Services.

161-F:74 Administration;  Services. –
I. The department shall administer this subdivision and shall coordinate adult in-home care services with existing home care resources. The department shall provide the services on behalf of eligible adults from adult in-home care providers. To the extent possible, the purchase of services shall be coordinated through local agencies.
II. Services provided to an individual may be on a full- or part-time basis. The eligibility of persons shall be determined under rules adopted by the commissioner.
Source.
1989, 7:1. 1995, 310:175, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:75 - Rulemaking.

161-F:75 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Cost and the methods of payment for adult in-home care services.
II. Qualifications of providers.
III. Further definition of services to be provided under this subdivision.
IV. Requirements for eligibility for services.
V. [Repealed.]
Source.
1989, 7:1. 1995, 310:183. 2012, 171:26, VIII, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:76 - Purpose.

161-F:76 Purpose. –
Over 80 percent of long-term care services are provided by unpaid family caregivers. It is in the state's best interest to support these caregivers to maintain their family member at home. The purpose of this chapter is to provide support to these caregivers in their role as primary caregivers for aging family members.
Source.
2010, 81:1, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:77 - Definitions.

161-F:77 Definitions. –
In this subdivision:
I. "Caregiver support services" includes, but is not limited to, assessment, individual and caregiver centered planning and assistance, information and referral, respite care, caregiver support groups, educational materials, and emergency and outreach services.
II. "ServiceLink Resource Center" or "SLRC" means the statewide network of locally administered community-based resources for seniors, adults with disabilities, and their families.
Source.
2010, 81:1, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:78 - Administration; Services.

161-F:78 Administration;  Services. –
Subject to available federal, state, and local funding, the department shall administer this subdivision and shall coordinate caregiver support services with existing services to caregivers and older adults. Caregiver support services shall be provided in a manner which develops person-centered, comprehensive, responsive, and flexible support to caregivers in their role as the primary caregivers for aging family members.
Source.
2010, 81:1, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:79 - Regional Caregiver Support Services.

161-F:79 Regional Caregiver Support Services. –
The department shall maintain a caregiver support program in each SLRC. A caregiver support specialist shall be available within each SLRC region to assist caregivers in assessing their needs and accessing support and services; including generic community resources, state and federally funded support services, and other services as available.
Source.
2010, 81:1, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:80 - Rulemaking.

161-F:80 Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to:
I. Further definition of services to be provided under this subdivision.
II. Requirements for eligibility for services.
III. Manner of providing services under RSA 161-F:78.
IV. Assignment and roles of caregiver support specialists pursuant to RSA 161-F:79.
Source.
2010, 81:1, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-H - Medical Child Support › Section 161-H:1 - Definitions.

161-H:1 Definitions. –
In this chapter:
I. "Dependent child" means any natural or adoptive child or stepchild who has not terminated high school education or reached the age of 18 years, whichever is later, or becomes married or otherwise emancipated, or becomes a member of the armed services.
II. "Department" means the New Hampshire department of health and human services.
III. "Employer" means any person, firm, corporation, or association, or any political subdivision or department of the state or federal government, which employs a person or pays wages or any other compensation.
IV. "Insurer" means a group health plan, as defined in section 607(1) of the Employee Retirement Income Act of 1974, a health maintenance organization, or an entity offering a service benefit plan.
V. "Medical assistance" means medical assistance granted under RSA 161 and RSA 167.
VI. "Medical child support order" means any valid judgment or order to provide health coverage for dependent children issued by any court or administrative body of the state of New Hampshire or any other state, including an order in a final decree of divorce.
VI-a. "National Medical Support Notice" means a notice conforming to section 401(b) of the Child Support Performance and Incentive Act of 1998, and implementing federal regulations.
VII. "Obligor" means the person found to be legally liable for medical child support.
VIII. "Wages" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, disability plans, unemployment compensation, and workers' compensation payments.
Source.
1994, 214:1. 1995, 310:119. 2002, 56:1, eff. June 25, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-H - Medical Child Support › Section 161-H:3 - Assignment of Wages.

161-H:3 Assignment of Wages. –
I. Medical child support orders issued on or after October 1, 1994, shall include a provision indicating that they may be subject to wage assignment, when the conditions of RSA 161-H:2, V have been met.
II. The department shall be responsible for the administration of medical support orders for children eligible for medical assistance.
III. The department may take legal action to institute wage withholding under this chapter to enforce medical child support orders for children receiving medical assistance.
IV. All medical child support orders administered and enforced by the department shall be subject to immediate wage withholding, except when the department accepts an alternative arrangement for payment from the obligor or when the court or administrative body finds there is good cause not to require immediate wage withholding.
V. Any amount withheld by the department under this section shall be subject to the requirements of RSA 161-H:2, V(c) as well as the exemptions in RSA 511:2, and the total amount withheld shall not exceed the amount specified in 15 U.S.C. 1673(b).
Source.
1994, 214:1; 403:6. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-H - Medical Child Support › Section 161-H:4 - Notice to Obligor.

161-H:4 Notice to Obligor. –
Before notice of the wage withholding may be given to the employer, the obligor shall be given at least 15 days' prior notice of the commencement of wage withholding procedures under this chapter. The notice to the obligor shall include:
I. The amount to be withheld.
II. A statement that the withholding applies to any current or subsequent employment.
III. The procedures for contesting withholding and that the only basis for contesting withholding is a mistake of fact.
IV. The period within which the payor must contact the state in order to contest the withholding and that the failure to notify the state within the specified time limit will result in the commencement of withholding procedures.
Source.
1994, 214:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-H - Medical Child Support › Section 161-H:5 - Notice to Employer.

161-H:5 Notice to Employer. –
Before the commencement of withholding procedures, the obligor's employer shall be given notice of the following:
I. The amount to be withheld and that it cannot exceed the limits set under RSA 161-H:2, V.
II. That the employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
III. That the withholding is binding on the employer until further notice.
IV. That the employer must send the withheld amount to the state or other payee at the same time the obligor is paid.
V. That the employer is liable for the accumulated amount it should have withheld if it fails to withhold in accordance with the provisions of the notice.
VI. That the withholding under this section shall have priority over any other legal process under state law against the same wages, with the exception of claims for current or past due child support.
VII. That in addition to the amount withheld for medical child support, the employer may deduct a fee of $1 for each withholding for the administrative cost incurred as a result of the withholding procedures.
VIII. That the employers shall be guilty of a misdemeanor and subject to a fine of up to $1,000 for discharging, refusing to employ, or taking any disciplinary action against an obligor because of the withholding procedures.
IX. That the employer shall notify the state or other payee within 15 days of the obligor's termination of employment, and shall provide the obligor's last known address and the name of and address of the present employer, if known.
X. That the employer shall be guilty of a class B misdemeanor for failure to comply with the provisions of paragraphs I-V.
XI. That the employer shall be liable for an administrative fine of $100 per pay period for each employee who has wage assignment obligations with that employer payable directly to the department with respect to whom the employer has willfully failed to comply with the provisions of paragraphs II and IV. Prior to assessing such fine against the employer, the department shall notify the employer of its intent to assess the fine, the amount of the fine, the date by which the fine is payable, and shall provide the employer with the opportunity to contest the imposition of the fine. The only basis for contesting the imposition of such fine is a mistake of fact or that the employer did not knowingly fail to comply with the provisions of paragraphs II and IV.
Source.
1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-H - Medical Child Support › Section 161-H:6 - Opportunity to Contest Withholding.

161-H:6 Opportunity to Contest Withholding. –
I. Within 45 days after the date of the notice to the obligor required by RSA 161-H:4, the department shall:
(a) Provide to the obligor an opportunity to present his case to the department.
(b) Determine if the withholding will occur based on an evaluation of the facts.
(c) Provide notice to the obligor of whether or not the withholding will occur, and, if it is to occur, include in the notice the time when the withholding will begin and the information given to the employer in the notice required under RSA 161-H:5.
II. If the obligor contests the withholding as provided in this section, the notice to the employer required under RSA 161-H:5 shall not be sent until a decision has been made under subparagraph I(b).
III. Where an individual or legal representative is seeking to establish or implement a wage assignment under this section, a judicial determination shall be made prior to institution of the wage assignment.
Source.
1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-H - Medical Child Support › Section 161-H:7 - Withholding at the Request of the Obligor.

161-H:7 Withholding at the Request of the Obligor. –
Upon the request of the obligor, the department may establish wage withholding under this section.
Source.
1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-H - Medical Child Support › Section 161-H:8 - Termination of Wage Assignment.

161-H:8 Termination of Wage Assignment. –
The department shall provide the termination of withholding in cases when the obligation has terminated.
Source.
1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-H - Medical Child Support › Section 161-H:9 - Rulemaking.

161-H:9 Rulemaking. –
The commissioner of the department of health and human services shall adopt rules, under RSA 541-A, as may be necessary for the purposes of this chapter.
Source.
1994, 214:1. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-I - Personal Care Services › Section 161-I:1 - Purpose.

161-I:1 Purpose. –
I. Many individuals require assistance with eating, bathing, dressing, personal hygiene, and activities of daily living to maintain their independence and dignity. Personal care services are non-medical, hands-on supports that substitute for the loss of an individual's physical or cognitive functioning.
II. Many individuals requiring personal care services and families who have children with special health care needs want to choose who delivers personal care services and how and when these services are delivered.
III. This chapter provides individuals and families with the option of receiving personal care services, including consumer-directed services, from a home health agency or other qualified agency.
Source.
2000, 255:1, eff. June 12, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-I - Personal Care Services › Section 161-I:3 - Consumer Choice.

161-I:3 Consumer Choice. –
An eligible consumer in need of personal care services shall have the option to receive personal care services, including consumer-directed services, through a home health agency or other qualified agency. An individual not eligible for department programs shall have the option to receive personal care services, including consumer-directed services, through a provider of personal care certified under RSA 161-I, home health care provider, other qualified provider, or other facility licensed under RSA 151, or through a private arrangement between individuals. Such choice shall be subject to those limitations imposed by federal and state laws, rules, and regulations.
Source.
2000, 255:1. 2003, 319:158, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-I - Personal Care Services › Section 161-I:3-a - Authorization of Legally Responsible Relative, Guardian, or Person Granted Power of Attorney.

161-I:3-a Authorization of Legally Responsible Relative, Guardian, or Person Granted Power of Attorney. –
The department may authorize reimbursement to a legally responsible relative, a guardian, or a person granted power of attorney by the eligible consumer, who provides personal care to an eligible consumer with special health care needs residing at home. Such reimbursement shall occur only when the department determines that the needs of the eligible consumer, the unavailability of appropriate providers or suitable alternative care services, and cost efficiencies make utilization of a legally responsible relative, guardian, or person granted power of attorney by the eligible consumer, for the provision of such services necessary and appropriate. Reimbursement shall be limited to care that is medically necessary due to specific health needs and shall not be made for care generally expected and provided by a legally responsible relative, guardian, or person granted power of attorney by the eligible consumer. The department shall not authorize reimbursement to a legally responsible relative, guardian, or person granted power of attorney by the eligible consumer, until a plan and rules adopted pursuant to RSA 541-A, are reviewed and approved by the oversight committee on health and human services, established in RSA 126-A:13.
Source.
2006, 132:2, eff. July 18, 2006. 2019, 287:3, eff. July 1, 2019. 2023, 79:573, eff. July 1, 2023; 145:4, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-I - Personal Care Services › Section 161-I:4 - Department Responsibilities.

161-I:4 Department Responsibilities. –
I. The department shall develop personal care services for department programs that authorize personal care services. Eligible consumers shall be afforded the option to receive their personal care services through a home health agency or other qualified agency and/or a consumer-directed services program.
II. The department shall develop a process for allowing a representative to act on the behalf of an eligible consumer.
III. The department shall develop intermediary services for eligible consumers using consumer-directed services.
IV. Coverage of personal care services under department programs shall be subject to the availability of appropriated funds.
V. Nothing in this section shall be construed to change the personal care program for the severely disabled as set forth in RSA 161-E.
VI. [Repealed.]
Source.
2000, 255:1, eff. June 12, 2000. 2021, 122:43, II, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-I - Personal Care Services › Section 161-I:5 - Personal Care Services Provider Training.

161-I:5 Personal Care Services Provider Training. –
Any personal care services provider serving an eligible consumer shall be required to undergo training as required by rule, pursuant to RSA 541-A.
Source.
2000, 255:1, eff. June 12, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-I - Personal Care Services › Section 161-I:6 - Plans of Care and Service Delivery Oversight.

161-I:6 Plans of Care and Service Delivery Oversight. –
All eligible consumers shall have a plan of care that details the provision of personal care services. The delivery of personal care services, as outlined in the plan of care, to an eligible consumer shall be monitored by a case manager either employed or contracted by the department. Should the delivery of personal care services to an eligible consumer necessitate specialized oversight, this shall be outlined in the plan of care and such oversight of the personal care services provider shall be arranged by the case manager.
Source.
2000, 255:1, eff. June 12, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-I - Personal Care Services › Section 161-I:6-a - Criminal Record Check Required.

161-I:6-a Criminal Record Check Required. –
I. Every applicant selected for employment with an other qualified agency, as defined in RSA 161-I:2, IX, shall submit to the employer a public criminal history record information authorization form, as provided by the division of state police, which authorizes the release of his or her public criminal history record information to the facility pursuant to RSA 106-B:14; provided, that the scope of employment includes the provision of services in a client's home or otherwise involves direct contact with a client.
II. The other qualified agency shall submit the public criminal history record information authorization form to the division of state police after an applicant accepts a conditional offer of employment. The other qualified agency shall review the results of the public criminal criminal history record information check before making a final offer of employment. An employee shall not begin work before the final offer of employment is made.
III. (a) Upon receipt of a public criminal history record information authorization form from an other qualified agency, the division of state police shall conduct a public criminal history record information check pursuant to RSA 106-B:14 and provide the results to the other qualified agency.
(b) The cost of criminal conviction record checks for such applicants shall be borne by the other qualified agency provided that the other qualified agency may require an applicant to pay the actual costs of the criminal conviction record check.
IV. (a) The provisions of this section shall apply to any agency providing temporary or per diem staff to an other qualified agency. The agency shall not offer the services of any person until the agency has reviewed the criminal history of the employee.
(b) The cost of criminal history record checks for such temporary or per diem staff shall be borne by the agency providing temporary or per diem staff to an other qualified agency, provided that the agency providing per diem staffing may require the selected applicant for employment to pay the actual costs of the criminal conviction record check.
V. The provisions of this chapter shall not apply to any person who is licensed by the board of nursing pursuant to RSA 326-B.
Source.
2003, 185:2, eff. July 1, 2003. 2019, 297:5, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-I - Personal Care Services › Section 161-I:7 - Rulemaking.

161-I:7 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Criteria for approving home health or other qualified agencies to offer personal care services, including but not limited to:
(a) Qualifications and training of providers.
(b) Oversight of providers.
(c) Service definition.
(d) Reporting requirements.
(e) Record-keeping.
(f) Personnel requirements.
(g) Care planning.
(h) Service delivery oversight.
(i) Scope of service.
(j) Quality assurance measures.
(k) Structure of the business entity.
II. The provision of personal care services by personal care services providers, including the provision of consumer-directed personal care services.
III. The provision of intermediary services by a home health agency or other qualified agency to facilitate the delivery of consumer-directed personal care services.
IV. The use of a representative in consumer-directed services.
V. Guidelines for state-authorized plans of care.
VI. Criteria for the authorization of reimbursement of a parent for the provision of personal care services pursuant to RSA 161-I:3-a.
Source.
2000, 255:1. 2006, 132:3, eff. July 18, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:1 - Purpose.

161-J:1 Purpose. –
The purpose of this chapter is to establish standards for the uniform disclosure of information to consumers of costs and services provided by assisted living residences, independent living retirement communities, and housing for older persons, as well as rules and policies governing advance payments, rate increases, termination of agreements and the rights and responsibilities of residents, to enable consumers to make informed choices and comparisons.
Source.
2002, 192:1. 2003, 114:2, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:3 - Applicability.

161-J:3 Applicability. –
This chapter shall apply to assisted living residences as defined in RSA 161-J:2, II, independent living retirement communities as defined in RSA 161-J:2, III-a, and housing for older persons as defined in RSA 161-J:2, III. This chapter shall not apply to continuing care communities as defined in RSA 420-D or condominiums as defined in RSA 356-B:3, V.
Source.
2002, 192:1. 2003, 114:4, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:5 - Standard Disclosure Summary.

161-J:5 Standard Disclosure Summary. –
I. The standard disclosure summary, which shall accompany a residential services agreement, shall be in a form adopted by the commissioner of the department of health and human services by rule pursuant to RSA 541-A.
II. A copy of the residential services agreement shall be given to prospective residents upon request and at least 24 hours prior to signing.
Source.
2002, 192:1. 2003, 114:6, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:6 - Advance Payments and Security Deposits.

161-J:6 Advance Payments and Security Deposits. –
The residence shall establish a written policy for the refund of unused advance payments or security deposits in the event of termination of a residential services agreement or death of a resident which shall include the terms and conditions under which the advance payment money or security deposit may be withheld by the residence. Advance payments other than security deposits shall be subject to the terms and conditions contained in RSA 161-J:4, II. Security deposits shall be subject to the terms and conditions contained in RSA 540-A:6 and RSA 540-A:7.
Source.
2002, 192:1. 2013, 61:1, eff. June 6, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:7 - Applicability of RSA 540 and 540-A.

161-J:7 Applicability of RSA 540 and 540-A. –
All provisions of RSA 540 and RSA 540-A shall apply to independent living retirement communities and housing for older persons where the residential premises, however designated, are leased or rented to the resident, unless otherwise provided by RSA 151 and RSA 420-D or other applicable law.
Source.
2002, 192:1. 2003, 114:7. 2013, 61:2, eff. June 6, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:7-a - Applicability of RSA 161-M.

161-J:7-a Applicability of RSA 161-M. –
All provisions of RSA 161-M shall apply to independent living retirement communities, defined in RSA 161-J:2, III-a, and housing for older persons, defined in RSA 161-J:2, III.
Source.
2014, 203:3, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:8 - Enforcement.

161-J:8 Enforcement. –
In addition to other appropriate penalties, any violation of the provisions of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A. Any right, remedy or power set forth in RSA 358-A may be used to enforce the provisions of this chapter.
Source.
2002, 192:1, eff. Jan. 1, 2003.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:9 - Use of Term "Assisted Living."

161-J:9 Use of Term "Assisted Living." –
The term "assisted living" may only be used in a title, brochure, admission agreement, or other written or promotional materials by an entity that is licensed pursuant to RSA 151.
Source.
2003, 114:8, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-J - Assisted Living Residences, Independent Living Retirement Communities, and Housing for Older Persons › Section 161-J:10 - Registration With Department of Justice.

161-J:10 Registration With Department of Justice. –
Any person, corporation, partnership, association or other entity operating an independent living retirement community in this state shall file an annual registration statement with the consumer protection bureau of the department of justice, with a copy to the department of health and human services, bureau of health facilities administration. The registration statement shall include the name and address of the independent living retirement community, the name and address of the registered agent if a corporation, and a complete description of the type of all available services. The independent living retirement community shall insure that the registration statement is available to all current and prospective residents of the community upon request.
Source.
2003, 114:8, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-K - New Hampshire Pharmaceutical Assistance Program › Section 161-K:1 - Definitions.

161-K:1 Definitions. –
In this chapter:
I. "Asset test" means the asset limits as defined by the Medicare Modernization Act.
II. "Commissioner" means the commissioner of the department of health and human services.
III. "Contractor" means the person, partnership, or corporate entity which has an approved contract with the department to administer the pharmaceutical assistance program as established under this chapter.
IV. "Department" means the department of health and human services.
V. "Enrollee" means a resident of this state who meets the conditions relating to eligibility for the New Hampshire pharmaceutical assistance program established under this chapter and whose application for enrollment has been approved by the department.
VI. "Federal poverty guidelines" means the federal poverty guidelines updated annually in the federal register by the United States Department of Health and Human Services under the authority of 42 U.S.C. section 9909(2).
VII. "Liquid assets" means assets used in the eligibility determination process as defined by the MMA.
VIII. "Medicaid dual eligible" or "dual eligible" means a person who is eligible for medicare and medicaid as defined by the Medicare Modernization Act.
IX. "Medicare Modernization Act" or "MMA" means the Medicare Prescription Drug, Improvement and Modernization Act of 2003.
X. "Medicare Part D prescription drug benefit" means the prescription benefit provided under the Medicare Modernization Act, as it may vary from one PDP to another.
XI. "Participating pharmacy" means a pharmacy that elects to participate as a pharmaceutical provider and enters into a participating network agreement with the department.
XII. "Prescription drug plan" or "PDP" means non-governmental drug plans under contract with the Centers for Medicare and Medicaid Services to provide prescription benefits under the Medicare Modernization Act.
XIII. "Program" means the New Hampshire pharmaceutical assistance program established in this chapter.
XIV. "Resident" means a person who has lived within this state for a period of at least 90 consecutive days and who meets the conditions as set forth in RSA 161-K:5. An individual is a resident until the individual establishes a permanent residence outside of the state.
Source.
2005, 294:1, eff. July 26, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-K - New Hampshire Pharmaceutical Assistance Program › Section 161-K:2 - New Hampshire Pharmaceutical Assistance Program; Eligibility; Enrollment.

161-K:2 New Hampshire Pharmaceutical Assistance Program;  Eligibility;  Enrollment. –
I. The commissioner is authorized to establish a New Hampshire pharmaceutical assistance program which shall be administered by the department. The program shall coordinate prescription drug coverage with the prescription drug benefit under the federal Medicare Modernization Act. Persons eligible for the drug benefits under this program are as follows:
(a) A resident who is 65 years of age or older, or is disabled and receiving a social security benefit and is enrolled in the medicare program.
(b) The resident has a household income at or below 150 percent of the federal poverty guidelines.
(c) The resident meets the asset test.
(d) The resident is not a member of a Medicare Advantage Plan that provides a prescription drug benefit.
(e) The resident is not a member of a retirement plan that is receiving a benefit under the MMA.
II. The department shall give initial enrollment priority to the medicaid dual eligible population. A second enrollment priority shall be offered to medicare eligible applicants with annual household incomes up to 150 percent of the federal poverty guidelines who also meet the asset test. Enrollment for medicaid dual eligible persons shall take effect no later than October 1, 2005. Medicaid dual eligible persons may be automatically enrolled into the program, with the provision that they may opt out of the program if they so choose. The department shall determine the procedures for automatic enrollment in, and election out of the program. Applicants meeting the qualifications set forth in this chapter may begin enrolling into the program as determined by the department.
III. An individual or married couple meeting the eligibility requirements in paragraph I who are not medicaid dual eligible may apply for enrollment in the program by submitting an application to the department that attests to the age, residence, household income, and liquid assets of the individual or couple.
Source.
2005, 294:1, eff. July 26, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-K - New Hampshire Pharmaceutical Assistance Program › Section 161-K:3 - Duties of the Department.

161-K:3 Duties of the Department. –
In providing program benefits the department may:
I. Enter into a contract with one or more prescription drug plans to coordinate the prescription benefits of the program and the federal law.
II. Require that pharmaceutical manufacturers provide medicaid level, or greater, rebates in order for the manufacturer's products to be available to the enrollees of the program. These rebates shall be no less than those provided to medicaid under Title XIX of the federal Social Security Act.
III. Preliminarily enroll or re-enroll beneficiaries into a preferred Medicare Part D plan, or disenroll such beneficiaries from another non-preferred PDP with an "opt out" provision for the individual. Individuals that opt out of the preferred PDP shall remain enrolled in the program unless they choose to disenroll from such program.
IV. Prescribe the application and enrollment procedures for prospective enrollees.
V. Select, in accordance with applicable state law, a contractor to assist in administration of the program or negotiate program administrative functions with a preferred PDP plan. Program benefits shall begin January 1, 2006. For persons meeting the eligibility requirements in RSA 161-K:2, the program may pay all or some of the deductibles, co-insurance payments, premiums, and co-payments required under the Medicare Part D pharmacy benefit program.
Source.
2005, 294:1, eff. July 26, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-K - New Hampshire Pharmaceutical Assistance Program › Section 161-K:4 - Limitations on Benefits; Program as Payor of Last Resort.

161-K:4 Limitations on Benefits;  Program as Payor of Last Resort. –
I. Benefits provided under this program shall be limited to the amount of appropriations.
II. The program shall be the payor of last resort, and is meant to cover costs for participants that are not covered by the Medicare Part D program.
III. Except for dual eligibles during the transition period during which they are being moved from medicaid to a Medicare Part D program, applicants who are qualified for coverage of payments for prescription drugs under a public assistance program are ineligible for the program as long as they are so qualified.
IV. Applicants who are qualified for full coverage of payments for prescription drugs under another plan of assistance or insurance are ineligible to receive benefits from the program as long as they are eligible to receive pharmacy benefits from such other plan.
V. Applicants who are qualified for partial payments for prescription drugs under another insurance plan are eligible for the program, but may receive reduced assistance from the program.
Source.
2005, 294:1, eff. July 26, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-K - New Hampshire Pharmaceutical Assistance Program › Section 161-K:5 - Residence Criteria.

161-K:5 Residence Criteria. –
I. A resident is a person who has lived within this state for a period of at least 90 consecutive days immediately preceding the date the applicant's application to participate in the program is received by the department. The applicant shall have or intend to have a fixed place of abode in this state, with the present intent of maintaining a permanent home in this state for the indefinite future. The burden of establishing proof of residence within this state is on the applicant. A resident shall also include those persons residing in long-term care institutions located within this state.
II. The department shall create standards for documenting proof of residence in this state. Documents used to show proof of residence shall show the applicant's name and address.
Source.
2005, 294:1, eff. July 26, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-K - New Hampshire Pharmaceutical Assistance Program › Section 161-K:6 - Rulemaking.

161-K:6 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application process.
II. The procedure for entering into contracts for the administration of the program.
III. Enrollment procedures.
IV. Forms and content of forms required by this chapter.
Source.
2005, 294:1, eff. July 26, 2005.