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RSA 167:3-g · Degree of Care
167:3-g Degree of Care. –
Copy linkIn this section, "degree of care" means the level of intensity or extent of medical care, treatment, or intervention required by the child as determined by the medical setting in which the child is being evaluated.
Copy linkIn order to determine the most appropriate degree of care under which to evaluate the child, the joint medical review team shall review:
Copy linkThe joint medical review team shall determine that the degree of care provided by a hospital is appropriate for the child if the following criteria are met:
Copy linkThe child requires a complex care schedule and the use of sophisticated equipment designed to alert caregivers to potential life-threatening problems; or
Copy linkThe child has the constant potential for aspiration, respiratory obstruction or arrest, and/or other life threatening complications requiring the need for prompt, recurrent, skilled interventions to sustain life.
Copy linkThe joint medical review team shall determine that the degree of care provided by a psychiatric hospital is appropriate for the child if all of the following criteria are met:
Copy linkThe child meets the definition of a child with a serious emotional disturbance established by Department of Health and Human Services Notice, dated May 20, 1993, 58 Federal Register 29422 (1993).
Copy linkThe child has specific symptoms and functional impairments that require professional and community interventions.
Copy linkThe child has problems of a chronic and severe nature requiring an intensive amount of professional supervision which are determined by an inability to function in each of the following major life areas:
Copy linkThe joint medical review team shall determine that the degree of care provided by a nursing facility is appropriate for the child if any one of the following criteria are met:
Copy linkThe child is dependent on technologically sophisticated medical equipment such as, but not limited to, ventilators, gastrostomy tubes, or central venous lines to sustain life.
Copy linkThe child requires observations or judgments more than once per hour throughout a 24-hour period or continuously, to maintain health status.
Copy linkThe child requires direct interventions from skilled nursing or skilled rehabilitative professionals to maintain health status.
Copy linkThe child is dependent daily on less sophisticated medical equipment such as, but not limited to, catheters, nebulizers, or oxygen to sustain life.
Copy linkThe child requires observations and judgments less often than once per hour and not less often than once every 3 hours throughout the 24-hour period to maintain health status.
Copy linkThe child requires basic nursing and rehabilitative interventions under the direction and supervision of skilled nursing or skilled rehabilitative professionals.
Copy linkThe joint medical review team shall determine that the degree of care provided by an intermediate care facility is appropriate for the child if each of the following criteria are met:
Copy linkThe child requires a continuous and pervasive active treatment program throughout the child's daily routine.
Copy linkThere is a need for the continuity of treatment to and from all home and community-based settings.
Copy linkThe child requires continuous medical monitoring for a chronic severe health problem; or
Copy linkThe child requires continuous supervision, monitoring, and redirection of behaviors associated with any condition, related to an intellectual disability, that results in impairment of general intellectual functioning or adaptive behavior. Source. 2005, 181:2. 2008, 52:6, 7, eff. July 11, 2008.
Copy linkSource note
Source. 2005, 181:2. 2008, 52:6, 7, eff. July 11, 2008.
Source history
- 2005, 181:2
- 2008, 52:6, 7, eff. July 11, 2008
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2026 HB1640
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2026 HB1773-FN
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thorized by law] administration and enforcement of child support as defined in this section, administration of federal and state family support and assistance programs pursuant to RSA 167, and assistance to developmentally disabled children pursuant to RSA 171-A; provided, however, that nothing in this chapter or RSA 167 shall be construed as authorizing any public official, agent, or representative, in
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reference · effective 2026-01-01
thorized by law] administration and enforcement of child support as defined in this section, administration of federal and state family support and assistance programs pursuant to RSA 167, and assistance to developmentally disabled children pursuant to RSA 171-A; provided, however, that nothing in this chapter or RSA 167 shall be construed as authorizing any public official, agent, or representative, in