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RSA 151:5-a · Needs Determination; Assuring Appropriate Care

Title: XI: HOSPITALS AND SANITARIA
Chapter: 151 · RESIDENTIAL CARE AND HEALTH FACILITY LICENSING
Status: current
Official source linked: Yes

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151:5-a Needs Determination; Assuring Appropriate Care. –

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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.

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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.

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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.

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Source note

Source. 1991, 365:4. 1995, 310:182, 183, eff. Nov. 1, 1995. 2005, 274:2, eff. Jan. 1, 2006.

Source history

1991, 365:4
1995, 310:182, 183, eff. Nov. 1, 1995
2005, 274:2, eff. Jan. 1, 2006

Related materials

Bill relationships

2026 HB1215 amend
als through coercive or exclusive transfer arrangements that are not clinically justified. 4 New Subdivision; Transfers from Freestanding Hospital Emergency Facilities. Amend RSA 151 by inserting after section 53 the following new subdivision: Transfers from Freestanding Hospital Emergency Facilities 151:54 Definitions. In this subdivision: I. “Freestanding hospital emergency facility” or
2026 HB1292 reference · effective 2027-01-01
to this chapter. II. Notwithstanding any provision of law to the contrary, the department of health and human services shall not take action against a facility licensed under RSA 151 based primarily on the institution's participation in the treatment or use of [an investigational] a drug, biologic, or device under this chapter. III. Notwithstanding any provision of law to the contrary, a manufac
2026 HB1292-FN reference · effective 2027-01-01
to this chapter. II. Notwithstanding any provision of law to the contrary, the department of health and human services shall not take action against a facility licensed under RSA 151 based primarily on the institution's participation in the treatment or use of [an investigational] a drug, biologic, or device under this chapter. III. Notwithstanding any provision of law to the contrary, a manufac
2026 HB1321 reference
atient to alleviate symptoms of temporary discomfort or improve temporary wellness; and III. That is not administered in a physician's office or a health facility licensed under RSA 151. 329:55 Provision of Elective Intravenous Therapy. Elective intravenous therapy may only be prescribed or ordered by a physician licensed under this chapter, a physician associate licensed under RSA 328-D acting with
2026 HB1347 amend
lth care provider networks and referrals. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Health Care Referrals. Amend RSA 151 by inserting after section 9-b the following new section: 151:9-c Health Care Referrals. I. No health care facility licensed under this chapter shall prohibit referrals from independent and outside primary care prov
2026 HB1562 amend · effective 2032-01-01
herwise paid by a third party. 4 New Section; Residential Care and Health Facility Licensing; Patients' Bill of Rights for Direct Payment and Membership-Based Facilities. Amend RSA 151 by inserting after section 21-b the following new section: 151:21-c Patients' Bill of Rights for Direct Payment and Membership-Based Facilities. The policy describing the rights and responsibilities of each patient a
2026 HB1562-FN amend · effective 2032-01-01
herwise paid by a third party. 4 New Section; Residential Care and Health Facility Licensing; Patients' Bill of Rights for Direct Payment and Membership-Based Facilities. Amend RSA 151 by inserting after section 21-b the following new section: 151:21-c Patients' Bill of Rights for Direct Payment and Membership-Based Facilities. The policy describing the rights and responsibilities of each patient a
2026 HB1653 amend
protect patient safety, continuity of care, and community access. 2 New Subdivision; Patient Choice and Transfer Practices at Freestanding Hospital Emergency Facilities. Amend RSA 151 by inserting after section 53 the following new subdivision: Patient Choice and Transfer Practices at Freestanding Hospital Emergency Facilities 151:54 Definitions. In this subdivision: I. “Freestanding hospit
2026 HB1660 reference · effective 2037-04-01
ing communities compliant with 42 U.S.C. Section 3607(b); (b) Continuing care retirement communities under RSA 420-D; (c) Skilled care or nursing facilities licensed under RSA 151; (d) Assisted living facilities under RSA 151; (e) Workforce housing as defined in RSA 674:58, or (f) Other housing that addresses documented community housing needs as identified in a municipal master plan,
2026 HB1735 reference
to this chapter. II. Notwithstanding any provision of law to the contrary, the department of health and human services shall not take action against a facility licensed under RSA 151 based primarily on the institution's participation in the treatment or use of [an investigational] a drug, biologic, or device under this chapter. III. Notwithstanding any provision of law to the contrary, a manufac
2026 HB1735-FN reference
to this chapter. II. Notwithstanding any provision of law to the contrary, the department of health and human services shall not take action against a facility licensed under RSA 151 based primarily on the institution's participation in the treatment or use of [an investigational] a drug, biologic, or device under this chapter. III. Notwithstanding any provision of law to the contrary, a manufac
2026 HB232 amend · effective 2027-01-01
medical professionals. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Request for Reasonable Accommodation Not to Participate in Abortion Services. Amend RSA 151 by inserting after section 53 the following new subdivision: Request for Reasonable Accommodation Not to Participate in Abortion Services 151:54 Request for Reasonable Accommodation Not to Participate in Abort

Opinions and discipline decisions mentioning this RSA

2006-859, NH ASSOCIATION OF COUNTIES & a. v. COMMISSIONER, NH DEPARTMENT OF HEALTH & HUMAN SERVICES Supreme Court opinion · August 17, 2007