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RSA 135-C:5 · Regulation of State Services; Site Visits

Title
X: PUBLIC HEALTH
Chapter
135-C · NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
Status
current
Official source linked
Yes
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135-C:5 Regulation of State Services; Site Visits. –

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I.

The commissioner may adopt rules, pursuant to RSA 541-A, relative to the requirements for services within the state mental health services system, which shall include those services operated or administered by the department or supported by funds granted by or provided under contract with the department. Such rules may include, but are not limited to, criteria for:

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(a)

Fee schedules to determine a client's share of the total cost of his state supported mental health services.

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(b)

Rights of persons applying for or receiving services.

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(c)

Quality standards for services and treatment provided and quality assurance procedures.

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(d)

Fiscal controls and procedures.

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(e)

Data collection and reporting on services provided.

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(f)

The management of clinical records including the length of time such records shall be maintained after the termination of services.

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II.

The commissioner or designees may conduct site visits and may otherwise audit and monitor all aspects of the administration, fiscal operations, and services of the program providing the service to determine compliance with the rules authorized under RSA 135-C:61. Auditing and monitoring may include review of the individual records of persons with severe mental disabilities, persons who receive emergency services, and/or persons whose services are paid for, in whole or in part, by state funds or federal funds in the state mental health services system, notwithstanding the provisions of RSA 329:26, RSA 330-A:32, or any other law.

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III.

If evidence of misapplication of state funds or fraud is discovered by a person duly designated by the commissioner under RSA 135-C:5, II, the evidence shall be turned over to the attorney general for appropriate administrative, civil, or criminal action.

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IV.

Any person duly designated by the commissioner under RSA 135-C:5, II, who willfully discloses confidential information concerning a client in the mental health services system obtained as a result of auditing and monitoring activities authorized under this chapter, except as provided in this section, shall be guilty of a violation.

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V.

No disclosures of confidential information made by a program in connection with auditing and monitoring activities to a person duly designated by the commissioner under RSA 135-C:5, II, shall be grounds for civil or criminal liability on the part of the program. Source. 1986, 212:1. 1995, 310:175, 183. 1998, 234:2. 2001, 243:2. 2011, 209:2, eff. July 1, 2011; 224:16, eff. July 1, 2011.

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Source note

Source. 1986, 212:1. 1995, 310:175, 183. 1998, 234:2. 2001, 243:2. 2011, 209:2, eff. July 1, 2011; 224:16, eff. July 1, 2011.

Source history

  • 1986, 212:1
  • 1995, 310:175, 183
  • 1998, 234:2
  • 2001, 243:2
  • 2011, 209:2, eff. July 1, 2011; 224:16, eff. July 1, 2011

Related materials

Bill relationships

  • 2026 HB1279 amend · effective 2027-01-01

    gainst the actor or a third person within such actor's dwelling or its curtilage. 2 New Hampshire Mental Health Services System; Treatment Rights; Seclusion or Restraint. Amend RSA 135-C:57, V to read as follows: V. Freedom from seclusion or physical or pharmacological restraint. Notwithstanding any state law to the contrary, seclusion or restraint shall be administered only by order of a physician, p

  • 2026 HB1564 amend · effective 2027-01-01

    bled persons to receive state services and the service guarantees for clients in the state system. 8 Mental Health Services System; Fundamental Rights; Gender Identity. Amend RSA 135-C:56, IV to read as follows: IV. No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, [gender identity,] sexual orientation, religion, national origin, age,

  • 2026 HB1564-FN amend · effective 2027-01-01

    bled persons to receive state services and the service guarantees for clients in the state system. 8 Mental Health Services System; Fundamental Rights; Gender Identity. Amend RSA 135-C:56, IV to read as follows: IV. No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, [gender identity,] sexual orientation, religion, national origin, age,

  • 2026 HB1642 reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 HB1642-FN reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 HB1790 reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission and non-emergency involuntary admission to a receiving facility. As a result, individuals wh

  • 2026 HB1790-FN reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission and non-emergency involuntary admission to a receiving facility. As a result, individuals wh

  • 2026 SB142 reference · effective 2026-01-01

    state facility that is for or that includes detained or adjudicated youth. (q) Special education programs under RSA 186-C:20. (r) Children’s behavioral health services under RSA 135-C and 135-F. (s) Any other program, service, or facility previously administered or managed by the department of health and human services according to any law whose powers and duties have been transferred under this ch

  • 2026 SB142-FN reference · effective 2026-01-01

    state facility that is for or that includes detained or adjudicated youth. (q) Special education programs under RSA 186-C:20. (r) Children’s behavioral health services under RSA 135-C and 135-F. (s) Any other program, service, or facility previously administered or managed by the department of health and human services according to any law whose powers and duties have been transferred under this ch

  • 2026 SB501 amend

    t Enacted by the Senate and House of Representatives in General Court convened: 1 New Hampshire Mental Health Services System; Treatment Rights; Seclusion or Restraint. Amend RSA 135-C:57, V to read as follows: V. Freedom from seclusion or physical or pharmacological restraint. Notwithstanding any state law to the contrary, seclusion or restraint shall be administered only by order of a physician, phy

  • 2026 SB555 reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 SB555-FN reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

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