Section 151:28 Access of Approved Organizations.
I. The office of ombudsman, established under RSA 167-A:22, shall approve the application of an organization seeking designation as an organization authorized for access to facilities and their patients if the organization is a bona fide community organization which has, as a substantial portion of its activities, the provision of one or more of the services listed in paragraph II and which is likely to utilize the access provided to enhance the welfare of facility patients, or if the organization is a legal aid program. The office of the ombudsman shall approve or disapprove the organization's application within 30 days after receipt.
II. A facility shall permit a representative of an approved organization, who carries proper identification access to facility patients to:
(a) Visit, talk with, and make personal, social, and legal services available to the patients;
(b) Inform patients of their rights and entitlements and corresponding obligations under federal and state law by distribution of educational materials and discussion in groups and with individual patients;
(c) Assist patients in asserting their legal rights relative to claims for public assistance, medical assistance, and social services benefits and in all matters in which patients might have a legal claim. Assistance may be provided individually or on a group basis and may include organizational activity, counseling, and litigation assistance; and
(d) Engage in other methods of assisting, advising, and representing patients to extend to them the full enjoyment of their rights.
III. Access shall be permitted during regular visiting hours each day. A representative shall not enter a patient's living area without identifying himself or herself to the patient and without receiving the patient's permission to enter. A representative shall use only patient areas of the facility for these purposes.
IV. Patients shall have the right to terminate a visit by a representative. Communication between a patient and the representative shall be confidential unless the patient authorizes the release of information.
V. If a facility believes that an individual or organization provided access is acting or has acted in a manner detrimental to the health or safety of patients, the facility may file a complaint with the office of ombudsman. Upon receipt of a complaint the office shall make an investigation and findings regarding the complaint and shall notify, in writing, the facility and individual or organization against whom the complaint was made of its findings. Any person aggrieved by the decision of the office of ombudsman may appeal the decision under RSA 541.
Source. 1981, 453:1. 1983, 274:10, eff. Aug. 17, 1983.