Section He-M 310.05 - Personal Rights(a) Persons who are applicants for services or individuals who are receiving services from provider agencies shall be treated with dignity and respect at all times.(b) Individuals shall be free from abuse, neglect, and exploitation including, at a minimum, the following: (1) Freedom from any emotional, physical, or sexual abuse or neglect;(2) Freedom from the intentional use of physical force except the minimum force necessary to prevent harm to the individual or others or substantial damage to property or when a behavior change program exists that limits an individual's rights and is approved by a human rights committee pursuant to RSA 171-A:17, II(c); and(3) Freedom from personal or financial exploitation.(c) Individuals shall have the right to privacy.(d) Individuals shall have the right to be free from coercion.(e) Any individual who uses or has used provider agency services shall have the right to confidentiality of all information and records.(f) At a minimum, provider agencies shall adhere to the following confidentiality requirements:(1) Material safeguarded shall include any information with respect to an individual or through which an individual can be identified such as:b. Photographic and video images;d. Diagnoses and evaluative data;e. Medical and clinical records;f. Service agreements; andg. Whether a person is using or has used a provider agency's services;(2) Provider agency staff may disclose to the chief of police in the community in which the individual resides, or any law enforcement officer, as safety and security of the individual and others require, or the individual's legal counsel that an individual is served by a provider agency if that individual is a victim of a crime, has been charged with a misdemeanor or felony, or is involuntarily admitted in accordance with RSA 171-B;(3) The individual and guardian or representative shall be informed that clinical information shall be released to the third party payor to the extent necessary to substantiate charges for services;(4) If the individual, guardian, or representative wishes to bear the cost of services privately rather than allow the release of information to third party payors, the individual shall be personally responsible for the full cost of such services;(5) All employees, consultants, and volunteers of provider agencies shall be informed so as to know and understand confidentiality and comply with confidentiality statutes and rules;(6) Separate, individual records shall be maintained when group treatment methods are employed and joint records of treatment activity that identify participants shall not be maintained;(7) No provider agency shall photograph, fingerprint, or record any individual by audio or visual equipment unless the individual, guardian, or representative has consented following an informed decision, nor allow any third party to photograph, fingerprint, or record any individual by audio or visual equipment unless the individual, guardian, or representative has consented following an informed decision, except if such monitoring or recording is part of a treatment program for a person committed in accordance with RSA 171-B;(8) These rules shall not affect the obligation of provider agencies to release information as required by: a.RSA 161-F:56, protective services to adults;b.RSA 169-C:29, report of child abuse;c.RSA 631:6, report of injury caused by criminal act;(9) Statements made by individuals to physicians licensed pursuant to RSA 329, psychologists licensed pursuant to RSA 329-B, or persons licensed pursuant to RSA 330-A or to those who work under their supervision, may be disclosed for the purpose of commitment hearings.(g) Access to records shall be as follows:(1) Information pertaining to an individual shall be released to the individual and guardian or representative upon request including all information provided by third parties except that which was provided prior to May 1982, under an agreement that the information would not be disclosed;(2) A provider agency service coordinator or nurse shall be present at a record review if: a. There is a reasonable concern that an individual will experience a harmful effect as a result of reviewing his or her record, or reasonable concern that the security of the record is at risk; andb. The determination that a. above applies has been made on an individual, case-by-case basis and the reasons for the determination have been documented in writing;(3) Information shall be released to any person or organization that has obtained the written consent of the individual, guardian, or representative;(4) Information shall be released to the department and funding, licensing, and accrediting agencies by provider agencies under RSA 171-A as necessary for: a. Determining eligibility for funding;b. Assisting in accrediting or licensing decisions;c. Delivering appropriate services to individuals;d. Monitoring and evaluating service delivery; ande. Planning future service delivery;(5) Provider agencies shall not include or release confidential information in an individual's record which pertains to other individuals;(6) Provider agencies shall include within the records of an individual any supplemental information provided by the individual, guardian, or representative either clarifying or rebutting information deemed by the individual to be inaccurate;(7) An attorney appointed by a court to represent an individual shall have access to all records and information pertaining to that individual;(8) Legal counsel for the department shall have access to all relevant records and information pertaining to an individual when such records and information are necessary because the individual: a. Is the subject of an involuntary commitment hearing;b. Is the subject of a guardianship proceeding; orc. Has instituted legal action against the state in regard to services provided by the developmental services system;(9) In cases where an individual, or an attorney or other advocate who represents the individual, after review of the record, requests copies of the record, such copies shall be made available free of charge for the first 25 pages and for not more than 25 cents per page thereafter;(10) Information regarding the medical treatment of an individual shall be released to law enforcement officials or health facility personnel if necessary to address an emergency situation involving danger to the individual's health or safety, but only specific information necessary to the relief of the emergency may be released without the individual's, guardian's, or representative's consent; and(11) In accordance with RSA 329:31, RSA 329-B:29, and RSA 330-A:35, when an individual has made a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property, the following shall be obligated to make reasonable efforts to disclose the threat to the third party or law enforcement officials: a. Physicians licensed pursuant to RSA 329;b. Psychologists licensed pursuant to RSA 329-B; andc. Persons licensed pursuant to RSA 330-A and those who work under their supervision.(h) Individuals and guardians or representatives shall have the right to complain about any alleged violation of a right afforded by these rules or by any state or federal law or rule or the unreasonable restriction of a legal, personal, or treatment right of a person involuntarily admitted in accordance with RSA 171-B, or any other matter.(i) Any person shall have the right to complain or bring a grievance on behalf of an individual or a group of individuals. The rules governing procedures for protection of rights of individuals, He-M 202, shall apply to such complaints and grievances.(j) An individual shall have the right to a hearing pursuant to RSA 171-A and He-C 200 when a recommendation is made to provide service for that individual in any residential setting that restricts in any way the liberty or informed decisions of the individual. The individual shall have a right to representation by legal counsel, except that persons involuntarily admitted pursuant to RSA 171-B may only challenge that admission in accordance with procedures set forth in RSA 171-B.(k) The personal rights of a person involuntarily admitted in accordance with RSA 171-B shall be restricted where safety or security requires such limitation.N.H. Admin. Code § He-M 310.05
#4413, eff 4-27-88; ss by #5094, eff 3-15-91; ss by 6212, INTERIM, eff 3-30-96, EXPIRES: 12-31-98; ss by #6758, eff 5-27-98; ss by #8640, INTERIM, eff 5-27-06, EXPIRES: 11-23-06; ss by #8701, eff 8-4-06
Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10821, Effective 4/25/2015, Expires4/25/2025.Amended by Number 28, Filed July 13, 2023, Proposed by #13676, Effective 6/24/2023, Expires 6/24/2033.