reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:26-b - Denial of Passports.

161-C:26-b Denial of Passports. –
I. The department is authorized to certify to the United States Secretary of Health and Human Services, pursuant to section 652(k) of the Social Security Act, that an obligor owes child support arrearages in the amount specified by the federal law and is out of compliance with a legal order of support.
II. The obligor shall be given prior notice of the determination and of the consequences and an opportunity to contest the determination.
Source.
1997, 263:18. 2007, 34:1, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:26-c - Hiring Reports.

161-C:26-c Hiring Reports. –
The department shall be authorized to receive from the state directory of new hires maintained by the department of employment security pursuant to RSA 282-A:117-a, I, reports made by an employing unit of the hire, rehire, or contracting of services of any named individual whom the department seeks to locate for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations.
Source.
1997, 263:18, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:27 - Judicial Review.

161-C:27 Judicial Review. –
Any person who is aggrieved by any action of the commissioner relative to the administrative process under this chapter may appeal to the superior court within 30 days of the receipt of the decision of a hearings officer. Such appeal shall be restricted to a review of the record. Upon review of the record, the court in its discretion may request the submission of additional evidence and order a hearing on the additional evidence.
Source.
1977, 589:1. 1985, 331:21. 1989, 360:8. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:28 - Rulemaking.

161-C:28 Rulemaking. –
The commissioner is hereby authorized, subject to RSA 541-A, to adopt such rules not inconsistent with this chapter as may be necessary to the efficient administration of the functions with which the commissioner is charged under this chapter.
Source.
1977, 589:1. 1983, 242:4. 1995, 310:183. 1996, 297:10, eff. June 10, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:29 - Separability of Provisions.

161-C:29 Separability of Provisions. –
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby.
Source.
1977, 589:1, eff. July 1, 1977.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-E - Personal Care for the Severely Physically Disabled › Section 161-E:1 - Definitions.

161-E:1 Definitions. –
In this chapter:
I. "Department" shall mean the department of health and human services.
II. "Personal care attendant" shall mean a qualified non-family member whether or not that person is a professional or paraprofessional and who, in accordance with a plan of care prescribed by a physician and developed in conjunction with and reviewed by a registered nurse, assists severely physically disabled persons to maintain themselves in their homes and gain greater control over their own lives by providing medically oriented long-term maintenance and supportive care.
III. "Severely physically disabled person" shall mean an adult individual over the age of 18 who has been approved to participate in an independent living program and who requires a minimum of 2 hours of medically necessary personal care per day in order to maintain himself or herself in a noninstitutional setting. Such care may include assistance in the following areas: basic personal care and grooming, assistance with bladder and bowel care, assistance with medications, assistance with nutrition including meal preparation and essential household services.
Source.
1979, 275:1. 1983, 291:1. 1991, 32:1. 1995, 310:28, eff. Nov. 1, 1995. 2016, 306:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-E - Personal Care for the Severely Physically Disabled › Section 161-E:2 - Services Provided.

161-E:2 Services Provided. –
The commissioner of the department of health and human services shall develop a program under which severely physically disabled persons eligible for coverage under medical assistance programs are provided with personal care attendants to provide medically necessary long-term maintenance and supportive care to assist them, as is required in each individual case, to maintain themselves in their homes and gain greater control over their own lives. Personal care services under this chapter may be delivered in noninstitutional locations in which normal life activities occur.
Source.
1979, 275:1. 1995, 310:182, eff. Nov. 1, 1995. 2016, 306:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-E - Personal Care for the Severely Physically Disabled › Section 161-E:3 - Federal Funds.

161-E:3 Federal Funds. –
The commissioner of the department of health and human services shall attempt to obtain such federal funds as are available to provide the services authorized under this chapter. The commissioner shall be authorized to expend such monies as he receives from the federal or state government or any other source for the purposes of this chapter.
Source.
1979, 275:1. 1995, 310:182, 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:1 - Definitions.

161-F:1 Definitions. –
Unless the context indicates otherwise, in this chapter:
I. "Adult" means any person 18 years of age or older.
II. "Commissioner" means commissioner of health and human services.
III. [Repealed.]
IV. "Department" means the department of health and human services.
V. "Elderly" means a person 60 years of age or older.
Source.
1989, 7:1. 1995, 310:112, 170, VII, 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:2 - Department of Health and Human Services.

161-F:2 Department of Health and Human Services. –
The department of health and human services established under RSA 126-A:4 shall be responsible for the administration of this chapter.
Source.
1989, 7:1. 1995, 310:12, 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:4 - Rulemaking.

161-F:4 Rulemaking. –
The commissioner of health and human services may adopt rules pursuant to RSA 541-A, relative to social services for the elderly and adult populations under this chapter.
Source.
1989, 7:1. 1995, 310:113, 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:5 - Federal Funds.

161-F:5 Federal Funds. –
The department shall be the single state agency responsible to administer in New Hampshire the Older Americans Act of 1965 and subsequent legislation pursuant to that act and to receive all federal funds under Title III of said act. The department is also authorized to receive federal funds other than from the Administration on Aging to administer that act. The state treasurer shall receive and place in an account all federal funds paid to the state under that act, subject to requisition or disbursement by the department as a single state agency. The department is authorized to receive and expend federal funds made available to it.
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:6 - Administration of State Plan.

161-F:6 Administration of State Plan. –
The department shall be the sole and final agency designated as the single state agency for administering or supervising the administration of the New Hampshire state plan for implementing the Older Americans Act of 1965 , including final decisions as to disposition of Title III project grant funds. The department shall have authority to submit or revise the New Hampshire state plan and shall be the sole state agency responsible for administering the program described in the state plan and shall collect and publish supporting statistics by county on the functional needs of and the services available to the New Hampshire elderly.
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:7 - to 161-F:9 Repealed by 2019, 152:4, eff. July 1, 2019.

161-F:7 to 161-F:9 Repealed by 2019, 152:4, eff. July 1, 2019. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:10 - Office Established.

161-F:10 Office Established. –
There is hereby established the office of the long-term care ombudsman to be administratively attached to the department of health and human services under RSA 21-G:10 or administered through contract with an independent non-profit agency under the oversight of the department of health and human services. The office shall be responsible for receiving, identifying, investigating, and resolving complaints or problems made by, or on behalf of, elderly residents of facilities that relate to the health, safety, welfare, and rights of residents. The office shall investigate the administrative acts and omissions of any facility or government agency, as defined in RSA 161-F:11, V and VI and shall represent the interests of residents in the development and implementation of public policy, rules, and laws affecting residents of long-term care facilities.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:11 - Definitions.

161-F:11 Definitions. –
In this subdivision:
I. "Act" means any action of any individual, facility, or government agency including any failure or refusal to act by such individual, facility, or government agency.
II. "Administrator" means any person who is charged with the general administration or supervision of a facility whether or not such person has an ownership interest and whether or not such person's functions and duties are shared with one or more other persons.
III. "Complaint" means a problem, concern, issue, or situation identified or received by the office that is made by, or on behalf of, residents that may adversely affect the health, safety, welfare and rights of residents, including the appointment and activities of legal representatives, providers of long-term care services, public agencies, and health and social services agencies.
IV. "Elderly" means any person 60 years of age or older.
V. "Facility" means any residential facility or institution, whether public or private, offering health or health related services, personal care assistance or protective oversight for the elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. Facilities include, but are not limited to, nursing homes, skilled nursing homes, extended care facilities, convalescent homes, homes for the aged, veterans' homes, assisted living facilities, and any other residential care facility providing care for the elderly licensed or certified under RSA 151.
VI. "Government agency" means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by any county or municipality or by the state, or to which the state is a party, which is responsible for the regulation, inspection, visitation, or supervision of facilities or which provides services to residents of facilities.
VII. "Legal representative" means any individual, duly appointed or designated in the manner required by law to act on behalf of another individual, including:
(a) An attorney.
(b) A guardian or conservator.
(c) An agent acting pursuant to a power of attorney.
VIII. "Long-term care ombudsman" means the person who is the administrator and chief executive officer of the office.
IX. "Long-term care ombudsman representative" means any employee or volunteer who is designated by the long-term care ombudsman to represent, or act on behalf of, the office.
X. "Non-elderly" means any person under 60 years of age.
XI. "Office" means the office of the long-term care ombudsman, established by RSA 161-F:10.
XII. "Resident" means any person 60 years of age or older who resides in a facility as defined in RSA 161-F:11, V.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:12 - Long-Term Care Ombudsman.

161-F:12 Long-Term Care Ombudsman. –
The commissioner, in consultation with the attorney general, shall designate a person as the administrator and chief executive officer of the office who shall be called the long-term care ombudsman and who shall be a person with expertise and experience in the field of long-term care advocacy. The long-term care ombudsman shall designate such other qualified persons needed to perform the functions of this office. The long-term care ombudsman shall devote his or her entire time to the duties of the position. The long-term care ombudsman shall receive such salary as shall be provided in a classified position as determined by the division of personnel, unless administered on a contract basis.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:13 - Powers and Duties.

161-F:13 Powers and Duties. –
I. The long-term care ombudsman shall:
(a) Investigate any act, omission, practice, policy or procedure of any individual, facility, or government agency that may adversely affect the health, safety, welfare, or civil or human rights of:
(1) Any elderly resident of a facility; or
(2) Any non-elderly resident of a facility where such investigation shall:
(A) Benefit elderly residents of that facility or facilities generally; and
(B) Not significantly diminish the long-term care ombudsman's ability to investigate complaints regarding elderly residents of facilities.
(b) Represent the interests of residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents.
(c) Establish an advisory committee, which shall include residents and their legal representatives, older persons, providers of services, representatives of government agencies and representatives of community organizations serving older people, which shall meet quarterly in order to provide consultation to the long-term care ombudsman in planning and operating this subdivision.
(d) Provide information as appropriate to facilities, other agencies, and the public regarding the problems and concerns of residents of facilities.
(e) Inform residents, family members, and others acting on behalf of residents how to access the assistance and services of the office and the services and assistance of other providers or agencies, including legal services.
(f) Ensure regular and timely access to and response from the office.
(g) Comment on, facilitate public comment on, and recommend changes to existing or proposed laws, rules, regulations and other governmental policies and actions that affect the health, safety, welfare, and rights of residents.
(h) Provide technical support for the development of resident and family councils to protect the well-being and rights of residents.
(i) Provide for education and training of the long-term care ombudsman office staff and volunteers.
(j) Educate facilities, agencies, and staff members concerning the rights and welfare of residents.
(k) Promote and support development of citizen organizations to participate in the ombudsman program.
II. The files maintained by the office shall be confidential and shall not be disclosed unless such disclosure is authorized by law or required by court order. Nothing in this paragraph shall be construed to prohibit the disclosure of information gathered in any investigation to any interested party as may be necessary to resolve the complaint.
III. The long-term care ombudsman shall adopt rules, pursuant to RSA 541-A, to ensure the efficient conduct of the business, duties, and general administration of the office and to assure compliance with the requirements of the Older Americans Act, as set forth in 42 U.S.C. 3058f-3058g.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:14 - Access to Facilities, Residents, and Records.

161-F:14 Access to Facilities, Residents, and Records. –
I. In the course of an investigation, the representative of the office shall:
(a) Make the necessary inquiries and obtain such information as he or she deems necessary.
(b) Enter and inspect the premises of a facility or government agency and inspect there any books, files, medical records, or other records that pertain to residents, subject to RSA 161-F:14, II.
(c) Conduct private interviews with residents, staff members, and others deemed appropriate to the investigation and who consent to such interviews.
II. The representative of the office shall first seek to obtain the written permission of the resident or the resident's legal representative to inspect any books, files, medical records, or other records which pertain to the resident. If the representative of the office cannot obtain such permission because a resident is unable to provide such permission and has no legal representative or the investigation pertains to the acts or omissions of the legal representative, the long-term care ombudsman representative shall, upon written determination of the long-term care ombudsman that such circumstances exist, inspect any books, files, medical records, or other records which pertain to that resident. The written determination shall be provided to the person in charge of the facility. The representative of the office shall maintain the confidentiality of all books, files, medical records, or other records inspected under the provisions of this paragraph except as they may pertain to the resolution of the ongoing investigation.
III. In an investigation, the representatives of the office shall have the authority to apply to the superior court for an order authorizing entry when an administrator of a facility refuses such representative entry as provided in subparagraph I(b) or paragraph II.
IV. Authorized representatives of the office with proper identification shall have access to residents of a facility to:
(a) Visit, talk with, and make personal, social, and other appropriate services available.
(b) Inform them of their rights and entitlements and corresponding obligations under federal and state law by distribution of educational materials, discussion in groups, or discussion with individual residents.
(c) Engage in other methods of assisting, advising, and representing residents or clients to extend to them the full enjoyment of their rights.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:15 - Retaliation Prohibited; Penalty.

161-F:15 Retaliation Prohibited;  Penalty. –
I. No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a facility or government agency by such facility or government agency; nor against any resident of a facility; nor against any legal representative or family member of any resident; nor against any volunteer for any communication by such volunteer with the office or for any information given or disclosed by him or her in good faith to aid the office in carrying out its duties and responsibilities.
II. No person shall interfere with the long-term care ombudsman or with representatives of the office in the performance of their official duties.
III. Any person who knowingly or willfully violates the provisions of this section shall be guilty of a misdemeanor.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:16 - Cooperation Required.

161-F:16 Cooperation Required. –
The office may request from any government agency, and such agency is hereby authorized and directed to provide, such cooperation and assistance, services, and data as will enable the office to properly perform or exercise any of its functions, duties, and powers under RSA 161-F:10 through 161-F:18.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:17 - Review; Reports Required.

161-F:17 Review;  Reports Required. –
I. The long-term care ombudsman shall establish and maintain a statewide reporting system to collect and analyze data relating to complaints and conditions in facilities for the purpose of identifying and resolving individual and systemic complaints, problems and issues and for the purpose of developing reports as required pursuant to this section.
II. The office shall file a report of the activities of the ombudsman program and the ombudsman activities concerning complaints and conditions in facilities and the protection of the rights of residents of the facilities with the commissioner of health and human services, the governor, the general court, and the public within 120 days following the end of each federal fiscal year.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:18 - Immunity From Liability.

161-F:18 Immunity From Liability. –
Any person, institution, or official who in good faith participates in the reporting of a complaint, or who in good faith investigates that complaint, participates in an investigation, or provides access or information to those persons carrying out the investigation or who participates in a judicial proceeding resulting from that complaint, shall be immune from any civil or criminal liability that might otherwise result by reason of these actions. For the purpose of any civil or criminal proceedings, there will be a rebuttable presumption that any person acting pursuant to this subdivision did so in good faith.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:19 - Litigation Prohibited.

161-F:19 Litigation Prohibited. –
The long-term care ombudsman and all representatives of the office are prohibited from serving as legal representatives of any person before state or federal courts in any action that is related in any manner to the ongoing duties or responsibilities of the office.
Source.
2004, 110:2, eff. July 16, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:20 - to 161-F:29 Repealed by 1995, 190:19, eff. July 1, 1995.

161-F:20 to 161-F:29 Repealed by 1995, 190:19, eff. July 1, 1995. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:30 - Definitions.

161-F:30 Definitions. –
In this subdivision:
I. "Animals" means common domesticated household animals limited to: dogs, cats, caged birds, and aquarium fish.
II. "Housing for the elderly" means public housing facilities financed by either the state or federal government to provide living accommodations for persons 60 years of age or older but shall not include nursing homes or high-rise apartment buildings.
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:31 - Authority.

161-F:31 Authority. –
Any housing for the elderly shall permit the tenants of each housing project upon petition of 10 percent of all the tenants to determine by a simple majority vote of those voting whether or not to allow the tenants in their building to have companion animals, provided that a 6-month period elapses between votes and that a subsequent vote shall not affect animals already on the premises which were permitted by a previous vote. If the vote permits tenants to maintain companion animals on the premises, the tenants shall adopt, with input from building management, rules relative to reasonable limitations and restrictions to be imposed for maintaining a companion animal that is not covered by RSA 161-F:33. Any complaints regarding a tenant's companion animal shall be handled in the same manner as any other tenant complaint and pursuant to the provisions of RSA 466:31.
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:32 - Damage Deposit.

161-F:32 Damage Deposit. –
If companion animals are permitted, tenants desiring to have them as pets shall post, with the management of the building, a damage deposit which shall be a sum of money not to exceed 1
1/2 times the amount of a month's rent paid by the tenant.
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:33 - Owner's Responsibility.

161-F:33 Owner's Responsibility. –
The tenant owner of a companion animal shall have the following responsibilities:
I. (a) To provide the management with a signed agreement with some person, or other legal entity, other than another tenant, that such person or legal entity shall act as a temporary or permanent caretaker for the companion animal if the owner cannot care for it, whether temporarily or permanently.
(b) The signed agreement shall also permit management to implement the agreement referred to in subparagraph (a), if the animal is not cared for properly or is abused in any manner.
II. To provide the management with a veterinarian certificate stating that the animal is in good health and, if the animal is a cat or a dog, that it has been neutered or spayed, as applicable.
III. To be totally responsible for the care and cleanliness of the companion animal whether within the owner's building, on the building grounds, or on adjacent property.
IV. To be limited to no more than one companion animal per apartment, with the exception of birds and aquarium fish.
V. To abide by any local ordinances that may affect the custody of certain companion animals.
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:35 - Purpose.

161-F:35 Purpose. –
The purpose of this subdivision is to provide support for congregate services in order to serve those who might otherwise be placed unnecessarily in institutional care.
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:36 - Definitions.

161-F:36 Definitions. –
In this subdivision:
I. "Congregate housing" means low-rent, publicly-owned housing with which there is connected a central dining facility where wholesome and economical meals can be served.
II. "Congregate services programs" means the programs undertaken by qualified service providers to provide assistance, as needed, to residents in order to maintain their independence. Such programs shall include the following services:
(a) Two nutritionally balanced meals, 7 days per week, served in a central dining facility.
(b) Regular assistance with housekeeping.
(c) Personal assistance.
(d) Transportation to scheduled doctors' appointments.
(e) Administrative support services, supplied by a qualified service provider.
III. "Personal assistance" means services provided which include, but are not limited to, aid in grooming, dressing, and other activities which maintain personal care and hygiene.
IV. "Qualified service provider" means a publicly owned housing system that possesses the skills and experience necessary to supervise and monitor resident services and to perform appropriate financial management practices in a congregate services program.
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:37 - Administration; Services.

161-F:37 Administration;  Services. –
I. The congregate services program shall be administered through the department. The congregate services shall be provided through a qualified service provider under contract with the department. The experience acquired through each congregate services program shall be shared with other congregate services programs established anywhere in the state.
II. Congregate services shall be provided on a full-time basis. Eligible recipients shall contribute financially toward the services. Eligibility and cost for these services shall be determined by rules adopted by the commissioner under RSA 161-F:38.
III. Administrative costs of the department shall not exceed 8 percent of the total state appropriation for congregate services programs.
IV. The department or qualified service provider shall be eligible to receive private or public grants. Private or public grants shall be in addition to funding appropriated by the state.
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:38 - Rulemaking.

161-F:38 Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to:
I. Eligibility for congregate services, based on financial, psychological, and physical ability. For this purpose, the department shall use, as appropriate, the federal guidelines for congregate housing services programs.
II. Costs to residents for services. These fees shall be reasonable, may not exceed the cost of providing the service, and shall be calculated on a sliding scale related to income, which permits the provision of services to such residents who cannot afford meal and service fees.
III. Eligibility for national affordable housing act funding and services. Such eligibility shall be based on federal and state guidelines.
Source.
1989, 7:1. 1992, 248:1. 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:39 - Review.

161-F:39 Review. –
On or before December 1 of each year, the commissioner shall submit a report on the program with recommendations for improvement to the legislature. The qualified services provider shall keep accurate and detailed records of activities involved in the development and implementing of the congregate services programs.
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:40 - Establishment of Program.

161-F:40 Establishment of Program. –
I. There is hereby established a senior volunteer grant program in the department. The program shall, within the limits of funds appropriated, reimburse the senior companion and foster grandparents programs for the volunteers' stipends, benefits, travel, and administrative expenses incurred in providing volunteer services.
II. The funds so appropriated shall be disbursed by the department in quarterly payments. The funds shall be allocated to senior companion and foster grandparents programs.
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:41 - Rulemaking.

161-F:41 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures for reimbursement under this subdivision.
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:42 - Purpose.

161-F:42 Purpose. –
The purpose of this subdivision is to provide protection for vulnerable adults who are abused, neglected, or exploited. Implicit in this subdivision is the philosophy that whenever possible an adult's right to self-determination should be preserved, and that each adult should live in safe conditions and should live his own life without interruption from state government. Only when these principles become impossible to follow should legal proceedings be initiated in order to care for and protect such adults.
Source.
1989, 7:1, eff. Jan. 1, 1990. 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:43 - Definitions.

161-F:43 Definitions. –
In this subdivision:
I. "Protective services" means services and action which will, through voluntary agreement or through appropriate court action, prevent neglect, abuse or exploitation of vulnerable adults. Such services shall include, but not be limited to, supervision, guidance, counseling and, when necessary, assistance in the securing of nonhazardous living accommodations, and mental and physical examinations.
II. "Abuse" means any one of the following:
(a) "Emotional abuse" means the misuse of power, authority, or both, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of a vulnerable adult.
(b) "Physical abuse" means the use of physical force which results or could result in physical injury to a vulnerable adult.
(c) "Sexual abuse" means contact or interaction of a sexual nature involving a vulnerable adult without his or her informed consent.
III. "Neglect" means an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional or physical health and safety of a vulnerable adult.
IV. "Exploitation" means the illegal use of a vulnerable adult's person or property for another person's profit or advantage, or the breach of a fiduciary relationship through the use of a person or a person's property for any purpose not in the proper and lawful execution of a trust, including, but not limited to, situations where a person obtains money, property, or services from a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud.
V. "Serious bodily injury" means any harm to the body which causes or could cause severe, permanent or protracted loss of or impairment to the health or of the function of any part of the body.
VI. "Self-neglect" means an act or omission by a vulnerable adult which results or could result in the deprivation of essential services or supports necessary to maintain his or her minimum mental, emotional or physical health and safety.
VII. "Vulnerable" means that the physical, mental, or emotional ability of a person is such that he or she is unable to manage personal, home, or financial affairs in his or her own best interest, or he or she is unable to act or unable to delegate responsibility to a responsible caretaker or caregiver.
Source.
1989, 7:1. 2002, 36:2, eff. July 1, 2002. 2016, 59:1, 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:44 - Self-Neglect.

161-F:44 Self-Neglect. –
For the purposes of this subdivision, instances of suspected self-neglect shall be construed and acted upon in the same manner as instances of suspected neglect.
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:45 - Exception.

161-F:45 Exception. –
Nothing in this subdivision shall be construed to mean a person is abused, neglected, exploited, or in need of protective services for the sole reason that he relies on or is being furnished treatment by spiritual means alone through prayer in accordance with the tenets and practices of a church or religious denomination of which he is a member or adherent.
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:46 - Reports of Adult Abuse; Investigations.

161-F:46 Reports of Adult Abuse;  Investigations. –
Any person, including, but not limited to, physicians, other health care professionals, social workers, clergy, and law enforcement officials, suspecting or believing in good faith that any adult who is or who is suspected to be vulnerable, at the time of the incident, has been subjected to abuse, neglect, self-neglect, or exploitation or is, or was living in hazardous conditions shall report or cause a report to be made as follows:
I. An oral report, by telephone or otherwise, shall be made immediately, followed by a written report, if so requested, to the commissioner or his authorized representative. When oral reports are made after working hours of the department, or on weekends or holidays, such reports shall be made to the police department of the appropriate political subdivision, or to the sheriff of the county, in which the alleged abuse, neglect or exploitation occurred. Law enforcement officials receiving reports under this paragraph shall notify the commissioner within 72 hours of receipt of such reports.
II. Within 72 hours following receipt by the commissioner or his authorized representative of such oral reports, an investigation shall be initiated by the commissioner or his authorized representative.
III. Investigations shall not be made if the commissioner or his authorized representative determines that the report is frivolous or without a factual basis.
Source.
1989, 7:1. 1995, 310:175, 183. 2002, 36:3, eff. July 1, 2002. 2016, 59:2, eff. July 4, 2016. 2021, 122:42, 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:47 - Immunity From Liability.

161-F:47 Immunity From Liability. –
Any person or agency, other than an alleged perpetrator, participating in good faith in the making of a report of an alleged incident of adult abuse, neglect or exploitation, providing information relative to such incident or following a reporting protocol developed jointly with the department, or who in good faith investigates the report, administers the registry, or who participates in a judicial or administrative proceeding resulting from that report, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any person or agency providing information in good faith, including materials requested by the department pursuant to RSA 161-F:56, shall have the same immunity with respect to participation in any investigation by the commissioner or his authorized representative or in any judicial proceeding resulting from such report.
Source.
1989, 7:1. 1995, 310:183. 2002, 36:4. 2006, 289:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:48 - Abrogation of Privileged Communication.

161-F:48 Abrogation of Privileged Communication. –
The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client, shall not apply to any proceedings instituted pursuant to this subdivision and shall not constitute grounds for failure to report as required by this subdivision.
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:50 - Penalty for Violation.

161-F:50 Penalty for Violation. –
Any person who knowingly fails to make any report required by RSA 161-F:46 shall be guilty of a misdemeanor.
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:51 - Duties and Responsibilities.

161-F:51 Duties and Responsibilities. –
I. The commissioner or his or her authorized representative, upon the substantiation of a report of abuse, neglect, or exploitation of a vulnerable adult, shall provide, when necessary, protective services to such adults.
II. The commissioner or his or her authorized representative shall refer all cases of serious bodily injury to a vulnerable adult known or suspected to be the result of abuse, neglect, or exploitation to local law enforcement, the department of justice or to the county attorney for possible criminal prosecution. The commissioner or his or her authorized representative shall also report other cases of abuse, neglect, or exploitation to local law enforcement, the department of justice, or the office of the county attorney for possible criminal prosecution if there is reason to believe a crime has been committed.
Source.
1989, 7:1. 1995, 310:175, 183. 2002, 36:5, eff. July 1, 2002. 2016, 59:5, 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:52 - Guardianship.

161-F:52 Guardianship. –
If all other remedies are exhausted, the commissioner or his authorized representative may seek to have a guardian or conservator appointed by the probate court, pursuant to RSA 464-A, for any adult who is in need of protective services.
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:53 - Entry of Premises.

161-F:53 Entry of Premises. –
If either a vulnerable adult reported or suspected of being abused, neglected, or exploited refuses, or a caretaker or caregiver refuses, to allow the representative of the department entrance to the premises for the purpose of investigating a report of abuse, neglect, or exploitation, the probate court, in the county where the adult is found, upon a finding of probable cause, may order an authorized representative of the commissioner, a police officer, or other authorized individual to enter said premises in furtherance of such investigation.
Source.
1989, 7:1. 1995, 310:175, 183, eff. Nov. 1, 1995. 2016, 59:6, 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:54 - Court Ordered Examination.

161-F:54 Court Ordered Examination. –
The probate court, at any time, may order a proposed ward to submit to a medical or psychiatric examination to be completed within 30 days by a licensed psychologist, licensed psychiatrist or physician, or local community mental health center. A written report of such examination shall be forwarded to the court and shall contain, but not be limited to, the proposed ward's disease or disability, if any, the proposed ward's present mental status, and the prognosis. If the proposed ward objects to the evaluation, the probate court having jurisdiction shall be notified in writing within 5 days after notification of the time and place of such evaluation, and the court shall hold a hearing to consider the objection prior to ordering such evaluation or, upon good cause shown, may excuse the proposed ward from the provisions of this section.
Source.
1989, 7:1. 1998, 234:4, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:55 - Rulemaking.

161-F:55 Rulemaking. –
The commissioner shall adopt such rules under RSA 541-A as are necessary to carry out the purpose of this subdivision, including, but not limited to, rules relative to access to records under RSA 161-F:49.
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:56 - Access to Information.

161-F:56 Access to Information. –
In the course of an investigation conducted pursuant to this subdivision, the department's authorized representative may make any inquiries and obtain such information as is necessary to further such investigation. The department's authorized representative may review and photocopy any books, files, medical records, financial records, photographs or other records on any medium of an alleged victim of abuse, neglect, or exploitation. In the event any person or agency refuses to allow the department access to materials necessary to further its investigation, the probate court, upon a finding of probable cause, may order the person or agency to release its records to the department.
Source.
1989, 7:1. 1995, 310:114. 2002, 36:6, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:57 - Access to Files; Confidentiality.

161-F:57 Access to Files;  Confidentiality. –
The files maintained by the department which relate to investigations of alleged instances of abuse, neglect, or exploitation shall be disclosed only with the written consent of the victim, or his guardian or attorney, or if such disclosure is required by court or administrative order. Nothing in this section shall be construed to prohibit the disclosure of information gathered pursuant to an investigation to a service provider as may be necessary to devise or implement a service plan, to a facility and the appropriate licensing authority or authorities for an incident occurring within a facility, as defined in RSA 151, to the extent necessary to protect the victim or other facility residents or to comply with state or federal law, to local law enforcement, the department of justice, or a county attorney, pursuant to RSA 161-F:51, II, or to any court in any proceeding where the welfare of the alleged victim or actions of a fiduciary acting on behalf of an alleged victim are at issue.
Source.
1989, 7:1. 1995, 310:175. 2002, 36:7, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-F - Elderly and Adult Services › Section 161-F:59 - Purpose.

161-F:59 Purpose. –
The purpose of this subdivision is to support homemaker programs to serve those who need such care and who otherwise might be placed in inappropriate institutional care and to provide training in the home to allow individuals and families to remain in their homes and to become as self-sufficient as their capabilities permit.
Source.
1989, 7:1, eff. Jan. 1, 1990.