Section 135-C:5 Regulation of State Services; Site Visits.
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:
(a) Fee schedules to determine a client's share of the total cost of his state supported mental health services.
(b) Rights of persons applying for or receiving services.
(c) Quality standards for services and treatment provided and quality assurance procedures.
(d) Fiscal controls and procedures.
(e) Data collection and reporting on services provided.
(f) The management of clinical records including the length of time such records shall be maintained after the termination of services.
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 state-funded clients in the state mental health services system, notwithstanding the provisions of RSA 329:26, RSA 330-A:32, or any other law.
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.
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.
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, eff. Sept. 11, 2001.