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