reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:2-f - Policies Required for Health Facilities and Special Health Care Service Licenses.

151:2-f Policies Required for Health Facilities and Special Health Care Service Licenses. –
Every facility licensed under RSA 151:2, I(a) or (d) and every person holding a special health care service license under RSA 151:2-e shall:
I. Adopt and enforce a written policy to assure that the facility provides its services to all persons who require the services the facility provides regardless of the source of payment for the services provided to any person;
II. Adopt, publicize, and apply an assistance plan for persons who are uninsured or who do not have the financial resources to pay for the facility's services due to financial hardship;
III. Provide data to the commissioner of the department of health and human services regarding the volume, cost and outcomes of services provided in the facility; and
IV. Pay fees under RSA 151:2-e, III to the commissioner of the department to cover the costs of administering the licensing of special health care services, the administration of the quality and patient safety requirements of this section, and the collection and analysis of the data collected under this section.
Source.
2016, 198:1, eff. July 1, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:2-g - Emergency Services.

151:2-g Emergency Services. –
Every facility licensed as a hospital under RSA 151:2, I(a) shall operate an emergency department offering emergency services to all individuals regardless of ability to pay 24 hours every day, 7 days a week. This requirement shall not apply to any hospital licensed and operating prior to July 1, 2016, which does not operate an emergency department or to any new psychiatric or substance abuse treatment hospital.
Source.
2016, 198:1, eff. July 1, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:2-h - Compliance With Involuntary Admission Hearing Requirement.

151:2-h Compliance With Involuntary Admission Hearing Requirement. –
No later than 30 days following the first decision on the merits in
Doe v. NH Department of Health and Human Services
, et al. #1:18-CV-01039, or a court-approved agreement of all parties in the case, the commissioner of the department of health and human services shall initiate emergency rulemaking consistent with either the first decision on the merits or the court-approved agreement. The commissioner shall adopt such rules within 90 days of initiating rulemaking.
Source.
2019, 41:4, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:2-i - Hospital Dementia Operational Plan Required.

151:2-i Hospital Dementia Operational Plan Required. –
I. Every facility licensed as a hospital under RSA 151:2, I(a) shall, not later than January 1, 2023, complete and implement an operational plan for the recognition and management of patients with dementia or delirium in acute-care settings. The plan shall address the following recommendations:
(a) Recognition of dementia and/or delirium.
(b) Cognitive assessment.
(c) Management and treatment in all relevant departments.
(d) Development of a dementia-friendly environment.
(e) Transfer or discharge procedures.
(f) An annual hospital self-assessment.
(g) Education and training of clinical and non-clinical staff.
II. Hospitals shall keep the plan on file and make the plan available to the department of health and human services, bureau of health facilities administration upon request.
Source.
2019, 194:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:3 - Existing Facilities.

151:3 Existing Facilities. –
Facilities subject hereto which are already in operation at the time of enactment hereof shall be given a reasonable time from the date of enactment of this law within which to comply with the rules and regulations and minimum standards provided for herein.
Source.
1947, 216:1, par. 3. RSA 151:3. 1979, 399:4, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:3-a - Facilities Under Construction.

151:3-a Facilities Under Construction. –
Any facility required to be licensed under this chapter, which is in the process of construction or substantial renovation at the time a rule is adopted to limit the allowable number of residents to be housed within the facility, shall not be denied licensure solely because of such rule, provided that all life safety code and room size requirements are fully satisfied.
Source.
1981, 184:1, eff. Aug. 1, 1981.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:3-b - Identification Required.

151:3-b Identification Required. –
I. Except as provided in paragraph II, facilities licensed under this chapter shall require all persons, including volunteers, consulting doctors, and students and including home health care providers and hospice staff, in contact with clients and residents to wear a form of identification which readily discloses the name, licensure status, if any, and staff position.
II. Paragraph I shall not apply to persons working in a facility which provides services to clients and residents with mental illness or developmental disabilities when such persons are working with such clients and residents outside of the facility.
III. Failure to comply with paragraph I may result in a fine of no more than $50 on the facility per infraction.
Source.
1998, 199:1, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:3-c - Repealed by 2008, 268:2, eff. Jan. 1, 2009.

151:3-c Repealed by 2008, 268:2, eff. Jan. 1, 2009. –
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:3-d - Verification of Medical Technician Registration.

151:3-d Verification of Medical Technician Registration. –
Every facility administrator, or designee, for any health care facility licensed under this chapter shall verify with the board of registration of medical technicians established under RSA 328-I:2, prior to employing a medical technician, as defined in RSA 328-I:1, VI, that such medical technician is registered with the board.
Source.
2014, 295:2, eff. Oct. 1, 2014.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:5 - Licenses.

151:5 Licenses. –
Licenses issued hereunder shall expire one year after the date of issuance. Licenses shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable; provided that home health care providers, personal care providers, home health hospice providers, and case management agencies shall not be required to apply for and receive a new license if they change the physical location of their office within the one year licensing period. Licenses shall be posted in a conspicuous place on the licensed premises. Fees for an annual license shall be as follows:
I. Hospitals; $25 per licensed bed.
II. Specialty hospital-psychiatric; $25 per licensed bed.
III. Specialty hospital-rehabilitation; $25 per licensed bed.
IV. Nursing homes; $25 per licensed bed.
V. Acute psychiatric residential treatment programs; $25 per licensed bed.
VI. Residential treatment and rehabilitation facilities; $25 per licensed bed.
VII. Hospice houses; $25 per licensed bed.
VIII. Adult family care homes; $25 per licensed bed.
IX. Residential and supported residential care; $15 per licensed bed.
X. Home health hospice providers; $250.
XI. Home health care providers:
(a) Registered individuals; $25.
(b) Agencies; $250.
XII. Personal care providers:
(a) Fewer than 10 clients; $25.
(b) Ten (10) or more clients; $250.
XIII. Outpatient clinics; $500.
XIV. End stage renal dialysis centers; $500.
XV. Ambulatory surgical centers; $500.
XVI. Educational health centers; $500.
XVII. Freestanding emergency rooms; $500.
XVIII. Health promotion clinics; $500.
XIX. Collecting stations; $250.
XX. Adult day care centers; $200.
XXI. Birthing centers; $150.
XXII. Case management agencies; $150.
XXIII. Laboratories; $150 per year for each category of testing licensed.
Source.
1947, 216:1, par. 5. RSA 151:5. 1977, 332:2. 1979, 399:7. 1983, 291:1, I. 1985, 190:81; 302:3. 1995, 310:181, eff. Nov. 1, 1995. 2009, 144:208, eff. July 1, 2009. 2013, 144:52, eff. July 1, 2013. 2014, 167:50, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:5-a - Needs Determination; Assuring Appropriate Care.

151:5-a Needs Determination;  Assuring Appropriate Care. –
I. All facilities licensed as a residential care facility, defined under RSA 151:2, I(e) shall, prior to accepting a new resident and every 6 months thereafter, complete a determination that the needs of the individual are compatible with the facility and the services and programs offered within the facility. The individual needs determination shall, if not otherwise required for certification of the facility under Titles XVIII and XIX of the Social Security Act, as amended, conform to rules adopted by the commissioner of the department of health and human services and recorded on a form provided by the commissioner. Completed forms shall be maintained in the resident's file and be available for inspection under RSA 151:6 and 151:6-a.
II. No licensed residential care facility as defined in RSA 151:2, I(e), shall accept as a new resident any individual whose needs cannot be met under the license issued to the facility. If such a facility has a resident whose physical or mental needs exceed the services and programs provided for under its current license, it shall apply for an appropriate license or, with the assistance of the family and any other appropriate services, it shall place the individual in a facility with a level of licensure appropriate to the individual's needs.
III. The department of health and human services may train, and shall approve, provider members of the New Hampshire Association of Residential Care Homes, the New Hampshire Health Care Association, or the Northern New England Association of Homes and Services for the Aging as trainers in a resident assessment course for those owning or working in licensed residential care facilities, so that such trained individuals can satisfactorily meet the provisions of this section.
Source.
1991, 365:4. 1995, 310:182, 183, eff. Nov. 1, 1995. 2005, 274:2, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:5-b - Deemed Licensed.

151:5-b Deemed Licensed. –
I. Any facility or home health agency certified under Title XVIII or XIX of the Social Security Act, as amended, shall submit a completed license application, or license renewal form, together with the appropriate fee. Such facility or agency shall be deemed licensed under this chapter and shall be exempt from inspections carried out under RSA 151:6-a. This section shall only apply to the activities or portions of the facility or agency certified under Title XVIII or XIX of the Social Security Act, as amended.
II. Any laboratory certified under the Clinical Laboratory Improvement Amendments of 1988 (CLIA), 42 U.S.C. section 263(a), shall submit a completed license application, or license renewal form, together with the appropriate fee. Such facility or agency shall be deemed licensed under this chapter and shall be exempt from inspections carried out under RSA 151:6-a. This paragraph shall only apply to the activities or portions of the laboratory or agency certified under CLIA that received compliance or accreditation inspections. This paragraph shall not apply to Provider-Performed Microscopy (PPM) or CLIA waived laboratories.
Source.
1991, 365:4, eff. Jan. 1, 1992. 2018, 264:1, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:6 - Investigations and Consultations.

151:6 Investigations and Consultations. –
I. The department of health and human services may investigate, in response to a complaint alleging a violation of this chapter or when it has good reason to believe that the provisions of this chapter or rules adopted under this chapter have been violated by any facility licensed under this chapter or any facility providing room and board to 2 or more individuals unrelated to the owner or manager. Such investigations shall be conducted in accordance with rules adopted by the commissioner of the department of health and human services under RSA 151:9. The commissioner of the department of health and human services shall, when necessary, seek the assistance of local and state law enforcement authorities in order to complete its investigation.
II. The department of health and human services may require by rule that any licensee or prospective applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit plans and specifications therefor to the department of safety, division of fire safety for preliminary inspection and approval or recommendations.
III. The department of health and human services shall make consultation services available, which shall include visits to the facility, to individuals seeking licensure or who are uncertain if a license is required for their facilities.
IV. Notwithstanding the provisions of this section, when the state fire marshal has approved a plan for construction, renovation, alteration, or other addition or structural change submitted by a licensee or prospective applicant, the department shall take no action inconsistent with a determination made by the state fire marshal.
Source.
1947, 216:1, par. 6. RSA 151:6. 1983, 291:1, I. 1985, 190:82. 1991, 365:5. 1995, 310:181, 182, eff. Nov. 1, 1995. 2012, 162:3, eff. June 7, 2012. 2023, 79:205, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:6-b - Report of Disciplinary Action.

151:6-b Report of Disciplinary Action. –
Every facility administrator, or designee, for any health care facility licensed under this chapter shall report to the board of medicine, the board of nursing, or the board of registration of medical technicians any disciplinary or adverse action taken against a licensee or registrant of the board. Such report shall be made within 30 days after such action is taken. Actions reported shall only involve misconduct sufficient to support disciplinary proceedings by the board and shall include all situations in which allegations of misconduct are settled by voluntary resignation without adverse action.
Source.
2001, 228:1, eff. Sept. 9, 2001. 2005, 293:3, eff. July 1, 2005 at 12:01 a.m. 2014, 295:3, eff. Oct. 1, 2014.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:7 - Denial, Suspension or Revocation of Licenses.

151:7 Denial, Suspension or Revocation of Licenses. –
I. The department of health and human services shall issue licenses to facilities which comply with the provisions of this chapter and the rules adopted by the department under RSA 151:9. The department may specify a licensing classification for the facility and may apply different classifications for separate sections of a facility.
II. The department of health and human services may deny, reclassify, suspend, or revoke a license on any of the following grounds:
(a) Noncompliance with any of the provisions of this chapter or the rules adopted by the department pursuant to RSA 151:9.
(b) Permitting, aiding, or abetting the commission of any unlawful act.
(c) Conduct or practices detrimental to the health or safety or well-being of patients, residents, or employees of said facilities, provided that this provision shall not be construed to have any reference to healing practices authorized by law.
(d) Withdrawal of certification under RSA 126-A:20.
(e) Services and programs provided by residential care facilities which exceed the licensure level or the failure to provide services and programs required under the licensure level.
(f) Nonpayment of search and rescue response expense reimbursement owing pursuant to RSA 206:26-bb.
III. If the department of health and human services denies, suspends, or revokes a license of a facility under this section, the facility shall deny all further admissions to the facility.
IV. If the department of health and human services reclassifies a facility under this section, the facility shall deny all admissions which are not in accordance with the reclassification.
Source.
1947, 216:1, par. 7. RSA 151:7. 1959, 236:2. 1983, 274:2; 291:1, I. 1988, 156:5. 1991, 365:7. 1995, 310:10, eff. Nov. 1, 1995. 2008, 167:3, eff. June 6, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:7-a - Warnings; Results of Investigations.

151:7-a Warnings;  Results of Investigations. –
I. The department of health and human services may issue a warning, following an investigation conducted under RSA 151:6 or the inspection provided for in RSA 151:6-a, to a facility requiring compliance with the provisions of this chapter and the rules adopted under it. The warning shall state a time frame within which the facility shall comply with the directives of the warning, including, for facilities not licensed under this chapter but which are found to require licensure, the final date by which the action or actions requiring licensure must cease or by which an application for licensure must be received by the department of health and human services before the department initiates any legal action available to it to cease the operation of the facility.
II. The results of an investigation conducted under RSA 151:6 shall be provided to the licensee, or, for an unlicensed facility, to the owner or person responsible for the facility in the owner's absence. The results of an investigation of an unlicensed facility shall be provided prior to the issuance of any warning and the owner or person responsible shall be given the opportunity to respond to any findings. Such response shall be considered by the department of health and human services prior to the issuance of a warning under paragraph I.
III. An unlicensed facility may appeal a warning. Appeals shall be conducted in accordance with RSA 151:8.
Source.
1983, 274:3; 291:1, I. 1991, 365:8. 1995, 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:8 - Rehearings and Appeals.

151:8 Rehearings and Appeals. –
I. Should the department determine to deny, suspend, reclassify, or revoke a license, it shall send to the applicant or licensee, by registered mail, a notice setting forth the particular reasons for the determination. The denial, suspension, reclassification, or revocation shall become final 30 days after the mailing of the notice, unless the applicant or licensee requests a rehearing under paragraph II of this section.
II. Any applicant or licensee aggrieved by a decision of the department to deny, suspend, reclassify, or revoke a license may appeal to the commissioner of the department of health and human services. The commissioner may affirm, deny or modify the decision of the department. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures for the appeal process provided under this paragraph.
III. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541.
Source.
1947, 216:1, par. 8. RSA 151:8. 1981, 460:5. 1983, 291:1, I. 1988, 156:6. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:8-a - Reinstatement.

151:8-a Reinstatement. –
The department of health and human services shall reinstate any license revoked or suspended under RSA 151:7 if correction has been accomplished and the facility has paid to the department of health and human services a reinspection fee equal to the annual license fee, provided for in RSA 151:5.
Source.
1983, 274:4; 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:9-a - Rules for Home Health Care Providers and Individual Home Care Service Providers.

151:9-a Rules for Home Health Care Providers and Individual Home Care Service Providers. –
The commissioner of the department of health and human services shall adopt rules under RSA 541-A, relative to the licensing of home health care providers that are separate from rules relative to other health facilities. Such rules shall be subject to the requirements of RSA 151:9, II-V and RSA 151:9, IX and shall include the following:
I. General requirements for licensure which shall include provisions for financial feasibility and suitability of the owner and governing body.
II. Qualifications of staff.
III. Treatment and services and the coordination of treatment and services.
IV. Supervision of direct service staff.
V. Organizational structure, including lines of authority.
VI. Client records.
VII. Business records.
VIII. Other aspects of home health care services which may be necessary to protect the public.
IX. A schedule of administrative fines which may be imposed under RSA 151:16-a for violation of this chapter or the rules adopted pursuant to it.
X. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 151:16-a.
XI. Standards for services offered by home health care providers including homemaker and personal care services.
XII. Requirements for mandatory registration of individual home care service providers which shall not exceed a criminal background check and a state registry check.
Source.
1985, 302:4. 1991, 355:41. 1995, 310:30, 182. 2004, 5:3, eff. May 18, 2004. 2012, 41:5, 6, eff. July 1, 2012.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:11 - Repealed by 1981, 460:15, IX, eff. July 1, 1981.

151:11 Repealed by 1981, 460:15, IX, eff. July 1, 1981. –
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:12 - Interpretation.

151:12 Interpretation. –
This chapter shall not be construed in any way to restrict or modify any law pertaining to the placement and adoption of children or the care of unmarried mothers.
Source.
1947, 216:1, par. 12, eff. July 1, 1947.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:12-a - Itemized Bills.

151:12-a Itemized Bills. –
I. Any provider of medical services, including physicians, facilities licensed under this chapter and nursing homes as defined in RSA 151-A:1, IV, who is to receive payment from a third party shall provide the person receiving such services and the third party with an itemized statement within 30 days of such service. The statement shall contain a list of services rendered, the dates on which such services were rendered and the costs of those services; provided, however, that a nonitemized bill may be rendered if it includes in large, easily readable print the following: "An itemized bill will be gladly submitted free of charge on request."
II. An infraction of the provisions of paragraph I shall be a violation punishable by a fine of not more than $25.
Source.
1983, 138:1, eff. Aug. 6, 1983.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:12-b - Hospital Rates for Self-Pay Patients.

151:12-b Hospital Rates for Self-Pay Patients. –
When billing self-pay patients for a service rendered, a hospital shall accept as payment in full an amount no greater than the amount generally billed and received by the hospital for that service for patients covered by health insurance. A hospital shall determine the amount generally billed to health carriers in a manner consistent with Section 9007 of the Patient Protection and Affordable Care Act of 2009. A hospital shall provide written notice to a self-pay patient in advance of providing a service and at the time the service is billed regarding the requirements under this section. For the purposes of this section "hospital" means an institution which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of such persons. The term "hospital" includes psychiatric and substance abuse treatment hospitals. In this section, "self-pay" means a patient seeking care at a hospital who does not have any form of insurance, including, but not limited to, health insurance, MedPay coverage, or any other liability coverage.
Source.
2010, 240:2, eff. July 1, 2010. 2012, 282:9, eff. June 30, 2015. 2016, 139:1, eff. July 26, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:12-c - Laboratory Testing Without a Licensed Medical Practitioner's Order.

151:12-c Laboratory Testing Without a Licensed Medical Practitioner's Order. –
I. In this section, "licensed medical practitioner" means a physician licensed under RSA 329, a naturopathic doctor licensed under RSA 328-E, an advanced practice registered nurse licensed under RSA 326-B:18, or a physician assistant licensed under RSA 328-D.
II. A person may obtain any laboratory test from a clinical laboratory licensed pursuant to RSA 151:2, I(c) on a direct access basis without a request or authorization from a licensed medical practitioner if the laboratory offers that test to the public on a direct access basis.
III. If a laboratory test of a person is conducted by or under the supervision of a person other than a licensed medical practitioner, and not at the request or authorization of a licensed medical practitioner, any report of the test results shall be provided by the person conducting the test to the person who was the subject of the test. The report shall state in bold type that it is the responsibility of the person who was tested to arrange with a licensed medical practitioner for consultation and interpretation of the test results.
IV. A licensed medical practitioner's duty of care to a patient shall not include the responsibility to review or act on the laboratory test results of a patient if the licensed medical practitioner did not request or authorize the laboratory test. A licensed medical practitioner shall not be subject to liability or disciplinary actions for the failure to review or act on the results of a laboratory test of any patient if the licensed medical practitioner did not request or authorize the laboratory test.
V. A clinical laboratory shall not submit a claim for reimbursement from a third-party payor for any laboratory test conducted without a licensed medical practitioner's request or written authorization.
VI. This section shall not require that a laboratory test done on a direct access basis be covered by a health insurance plan authorized under RSA 415, a health maintenance organization authorized under RSA 420-B, or the medical assistance program operated pursuant to RSA 126-A:3, III.
VII. A laboratory test ordered under this section, regardless of test complexity, as defined under the Clinical Laboratory Improvement Amendments of 1988, shall be conducted by a laboratory that routinely participates in proficiency testing for such offered test in a program approved by the Centers for Medicare and Medicaid Services. This paragraph shall not be construed to mandate proficiency testing for a laboratory test if it is not available from any approved program.
VIII. A person under the care and custody of a New Hampshire county jail or department of corrections facility shall be excluded from the provisions of this section.
Source.
2022, 249:1, eff. Jan. 1, 2023. 2023, 32:1, eff. July 16, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:13 - Information Confidential.

151:13 Information Confidential. –
Information received or created by the department of health and human services, through inspection or otherwise, authorized hereunder shall be confidential and shall not be disclosed publicly except in a proceeding involving the question of licensure or revocation of license pursuant to RSA 541-A. The department may disclose such information after it denies, suspends or revokes a license pursuant to RSA 151:7, II. The department shall report any information relative to acts which appear contrary to accepted professional practices to the appropriate professional licensing board.
Source.
1947, 216:1, par. 13. RSA 151:13. 1983, 274:6; 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995. 2020, 39:67, eff. July 29, 2020.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:13-a - Proceedings of Hospital Committees; Confidentiality.

151:13-a Proceedings of Hospital Committees;  Confidentiality. –
I. As used in this section "records" means records of interviews and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance committee. Records shall not mean original hospital medical records or other records kept relative to any patient in the course of the business of operating a hospital.
II. Records of a hospital committee organized to evaluate matters relating to the care and treatment of patients or to reduce morbidity and mortality and testimony by hospital trustees, medical staff, employees, or other committee attendees relating to activities of the quality assurance committee 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 a quality assurance committee to revoke or restrict the license, certification, or privileges of a physician or hospital staff member; or
(b) A proceeding alleging repetitive malicious action and personal injury brought against a physician or hospital staff member.
III. A hospital board of directors or trustees may waive its privilege under this section and release information or present committee records by discovery, subpoena, or admission into evidence in any judicial or administrative proceeding.
IV. No hospital, trustees, medical staff, employees, or other committee attendees shall be held liable in any action for damages or other relief arising from the providing of information to a hospital committee or in any judicial or administrative proceeding.
Source.
1981, 463:1. 2002, 221:1, eff. Jan. 1, 2003.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:14 - Report.

151:14 Report. –
The department of health and human services shall prepare and publish a biennial report of its activities and operations hereunder and shall make such information available to the governor and council.
Source.
1947, 216:1, par. 14. RSA 151:14. 1973, 140:13. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:15 - Repealed by 1981, 460:15, VIII, eff. July 1, 1981.

151:15 Repealed by 1981, 460:15, VIII, eff. July 1, 1981. –
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:16 - Penalties.

151:16 Penalties. –
Any person, partnership, association, or corporation, including state or county or local governmental units or any division, department, board or agency thereof establishing, conducting, managing, or operating any facility within the meaning of this chapter, without first obtaining a license therefor as herein provided, or who shall violate any of the provisions of this chapter or regulations lawfully promulgated thereunder, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, for the first offense. For a subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day such facility shall operate after a first conviction shall be considered a subsequent offense.
Source.
1947, 216:1, par. 17. RSA 151:16. 1973, 528:71; 529:27. 1979, 399:9, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:16-a - Administrative Fines.

151:16-a Administrative Fines. –
The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
1991, 355:42. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:16-b - Civil Fines.

151:16-b Civil Fines. –
All administrative fines and other civil monetary penalties collected by the department from facilities licensed under this chapter shall be kept by the state treasurer in a separate, non-lapsing, interest bearing account. Interest earned on moneys deposited in the account shall be deposited into the account. The moneys in the account shall be used by the department for the protection of the health and property of residents of facilities licensed under this chapter.
Source.
2010, Sp. Sess., 1:10, eff. July 1, 2010.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:16-c - Health Care Provider Facilities; Disclosure of Employment Information; Immunity.

151:16-c Health Care Provider Facilities;  Disclosure of Employment Information;  Immunity. –
Any health care provider facility licensed under this chapter shall, when acting in good faith, disclose employment information regarding misconduct and competency about a health care worker upon request of a prospective or current employer. A health care provider facility and its directors and employees who provide information in accordance with this section shall be immune from civil liability for providing the information or for any consequences that result from the disclosure of the information unless it is alleged and proven that the information disclosed was false and disclosed with knowledge that such information was false.
Source.
2016, 284:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:17 - Injunction.

151:17 Injunction. –
The department of health and human services 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 person, partnership, association, or corporation, or state, county or local governmental unit, or any division, department, board or agency thereof, for establishing, conducting, managing or operating any facility within the meaning of the chapter without first having a license therefor as herein provided. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, conduct, manage, or operate a facility without having a license to do so, without averring any further or more particular facts concerning the same.
Source.
1947, 216:1, par. 18. RSA 151:17. 1979, 399:10. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:18 - Disposition of Fees.

151:18 Disposition of Fees. –
I. All fees received from licenses under the provisions of this chapter shall be kept by the state treasurer in a separate fund to be paid out to the department of health and human services for purposes of this chapter only.
II. Notwithstanding paragraph I, fees and any other funds collected for special health care service licenses pursuant to RSA 151:2-e shall be deposited in the general fund.
Source.
1947, 216:1, par. 19. RSA 151:18. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995. 2016, 198:4, eff. July 1, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:19 - Definitions.

151:19 Definitions. –
As used in this subdivision:
I. "Commissioner" means the commissioner of the department of health and human services.
I-a. "Discharge" means movement of a patient from a facility to a non-institutional setting or the termination of services by a home health care provider when the discharging facility or home health care provider ceases to be legally responsible for the care of the patient.
II. "Facility" means any hospital, building, residence, or other place or part thereof, licensed under the provisions of RSA 151:2. For the purposes of RSA 151:21, RSA 151:25, and RSA 151:26, "facility" shall not include home health care providers, or private homes where home care services are provided.
III. [Repealed.]
IV. [Repealed.]
V. "Patient's personal representative" means a person, other than the licensee of, an employee of, or a person having a direct or indirect ownership interest in, a facility, who is designated in writing by a patient or patient's legal guardian for a specific, limited purpose or for the general purpose of assisting the patient in the exercise of any rights.
VI. "Patients' rights" or "rights" means those rights established under RSA 151:21 or RSA 151:21-b, as applicable.
VII. "Transfer" means movement of a patient from one facility to another facility when the legal responsibility for the care of the patient changes from the transferring to the receiving facility. Transfer shall not include the temporary movement of a patient from a facility to a hospital or other location for emergency medical treatment, as long as the facility is in compliance with RSA 151:25. In the event a facility refuses to readmit a patient in accordance with RSA 151:25 following a therapeutic leave, a transfer shall be deemed to have occurred when the decision not to readmit is made. Transfer shall not include movement of a client from a home care to an institutional setting or the shifting of service provision from one home health care provider to another.
Source.
1981, 453:1. 1983, 274:7, 10, 12. 1993, 243:1. 1995, 310:102. 2001, 111:1, 2, 5, eff. Aug. 25, 2001. 2013, 265:1, 2, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:20 - Facility Policy and Procedures.

151:20 Facility Policy and Procedures. –
I. A facility shall adopt a policy setting forth the rights and responsibilities of patients admitted to the facility. Patients shall be treated in accordance with the policy. A written copy of the policy shall be posted at a public place in the facility and provided to each member of the staff who shall be trained and involved in the implementation of the policy. Upon admission the facility shall provide each patient with a copy of the policy and obtain written confirmation that the patient has received the copy and is aware of its contents.
II. A facility shall establish written procedures to implement its policy to guarantee the patients' rights and shall include procedures for the investigation and resolution of complaints made by or on behalf of patients, families of patients or staff. The policy and procedures shall be clear and unambiguous and a written copy shall be available for inspection by anyone. A copy shall be distributed to each patient and each patient's personal representative under RSA 151:22 and shall be available upon request and at cost to anyone.
III. If a patient cannot read the policy and procedures they shall be read to the patient in a language the patient understands. The facility shall make all reasonable efforts to explain the policy and procedures so that a patient with a developmental or intellectual disability may understand and shall have the explanation witnessed by a third person. For a minor or a patient with a legal guardian, both the patient and the parent or legal guardian shall be fully informed of the policy and procedures.
Source.
1981, 453:1. 1983, 274:8, 10. 1997, 331:2, eff. Aug. 22, 1997. 2008, 52:4, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:22 - Patient's Personal Representative.

151:22 Patient's Personal Representative. –
The patient's personal representative may assist the patient in the exercise of any rights under this subdivision.
Source.
1981, 453:1, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:23 - Retaliation Prohibited.

151:23 Retaliation Prohibited. –
An owner, administrator, employee, or representative of a facility shall not discharge or harass, or retaliate or discriminate against a patient because the patient has exercised a right protected under this subdivision.
Source.
1981, 453:1. 1983, 274:10, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:24 - Patients' Trust Fund.

151:24 Patients' Trust Fund. –
I. A facility shall not accept personal funds and possessions from or on behalf of a patient for safekeeping and management, except when the facility receives written authorization from the patient or a personal representative.
II. Upon acceptance of personal funds and possessions, a facility shall do one of the following:
(a) Establish an account separate from the facility's funds, to be used as a petty cash fund for the patient's personal needs and deposit in such account on a monthly basis from the net income of the patient the amount specified in RSA 167:27-a; or
(b) Give a bond with the surety approved by the commissioner. The bond shall be in an amount equal to a minimum of 1
1/4 times the average balance of patient funds held during the previous year. The commissioner may require an additional bond or permit the filing of a bond in a lower amount if the commissioner determines that a change in the average balance has occurred or may occur.
III. A written receipt shall be given to a patient or a personal representative of the patient when personal funds and possessions are received by a facility. The facility shall furnish the patient or a personal representative of the patient with a quarterly statement of the funds and possessions; except that the New Hampshire hospital shall furnish a quarterly statement only upon request made by the patient or the personal representative of the patient. The statement shall contain the items and amounts received, the sources, the disposition, and the date of each transaction. Upon the discharge of a patient, the facility shall furnish the patient or a personal representative with a final statement and return all personal funds and possessions not later than 10 days after discharge. Upon the death of a patient, the facility shall furnish the executor, administrator, or voluntary administrator, upon proof of appointment, all personal funds and possessions of the deceased patient.
Source.
1981, 453:1. 1983, 274:10. 1986, 183:2. 1995, 310:183. 1997, 331:9, 10, eff. Aug. 22, 1997. 2014, 315:1, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:25 - Temporary Absence.

151:25 Temporary Absence. –
I. When a patient leaves a facility for emergency medical treatment the facility shall hold the bed open for the patient for 10 calendar days, if there is a reasonable expectation that the patient will return within 10 days and if the facility receives payment for the period of absence, provided that no town, city, county, or state funds shall be used for such payment. Temporary absences for therapeutic reasons shall be limited to 10 days a year.
II. When a patient's absence is longer than 10 days, or the facility has not received payment for the period of absence, the patient shall have the option to return to the facility for the next available bed.
III. This section shall not apply to home health care providers.
Source.
1981, 453:1. 1983, 274:10. 2001, 111:3, eff. Aug. 25, 2001. 2013, 265:8, eff. Jan. 1, 2014.