N.H. Admin. Code § He-M 510.13

Current through Register No. 50, December 12, 2024

Section He-M 510.13 - Record keeping

(a) Each program shall maintain individual family records that contain, at a minimum, the following:

(1) Personal information that shall include:

a. Identifying information including:

1. The child's name, family name(s), address(es), telephone number(s), and email(s); and

2. The child's birth date;

b. The name of the service coordinator;

c. The name, address, and telephone number of the child's primary health care provider; and

d. Health insurance information;

(2) Medical information that shall include:

a. A record of a physical examination conducted within the past year;

b. Documentation by qualified medical personnel of any established condition(s), as identified in He-M 510.02 (n), including diagnosis;

c. A record of immunizations;

d. A list of any required prescriptions; and

e. Other pertinent medical records;

(3) The current multidisciplinary evaluation of the child and family pursuant to He-M 510.06 (k);

(4) The current IFSP signed by the parent;

(5) Written documentation of each contact with the child and family by the provider, including:

a. A description of the service provided;

b. A description of the child's and family's response;

c. The date, location, and duration of the contact; and

d. The name and credentials of the provider;

(6) Reviews of progress once every 6 months or more frequently;

(7) Copies of any letters or notifications written to, or on behalf of, the family;

(8) Information obtained from other agencies or programs that the family believes is important in developing or providing FCESS; and

(9) Releases of information providing consent obtained from the family for evaluation and for the exchange of information among agencies and providers.

(b) Each FCESS program shall have a standard release or exchange of information form, compliant with all state and federal laws, which shall be valid for no longer than one year.

(c) All release or exchange of information forms shall include:

(1) The child's name and birth date;

(2) The information to be released or obtained;

(3) The purpose of obtaining or releasing the information;

(4) The name of the person or organization being authorized to release the information;

(5) The name of the person or organization to whom the information is to be released; and

(6) The time period for which the authorization is given, if less than one year.

(d) Each FCESS program shall maintain a log of access and disclosures of information that includes:

(1) The information accessed or disclosed;

(2) The date of access or disclosure;

(3) The name of the recipient of the information; and

(4) The purpose for which the party is authorized to use the FCESS records.

(e) Each provider and FCESS program shall maintain the confidentiality of a child's and family's records and protect the child's and family's personally identifiable information at the collection, storage, disclosure, and destruction stages in accordance with FERPA.

(f) Each FCESS program shall designate a staff member responsible for ensuring the confidentiality of any personally identifiable information, in compliance with federal law.

(g) Each FCESS program shall have policies for the training of all personnel in the collection or use of personally identifiable information and compliance with IDIEA and FERPA.

(h) Parents shall have the following rights with regard to FCESS records for their children:

(1) The right to inspect and review FCESS records at any time;

(2) The right to make requests for explanations and interpretations of the records and to receive a response to these requests within 3 business days;

(3) The right to receive, upon request, copies of records in accordance with (k) and (l) below; and

(4) The right to have a representative of the parent inspect, review, and receive copies of the records.

(i) FCESS programs shall give each family a list of the types and locations of records collected, maintained, or used by FCESS personnel. All parents shall have the right to access such records unless a particular parent does not have this authority under state law.

(j) Information shall be made available only:

(1) To those persons or agencies for whom the parent or guardian has given written consent;

(2) To FCESS personnel;

(3) To the department or other funding, licensing, or accrediting agencies as necessary for determining eligibility for funding or for assisting in accrediting, monitoring, or evaluating supports and services delivery; or

(4) As otherwise required by law.

(k) Each FCESS program shall make copies of records available to parents free of charge for the first 25 pages and not more than 10 cents per page thereafter. The fee shall not effectively prevent the parents from exercising their right to inspect and review those records. A fee shall not be charged for searching for or retrieving information.

(l) Copies of the following documents shall be provided at no cost to the family as soon as possible after each IFSP meeting:

(1) Evaluations;

(2) Assessments of the child and family; and

(3) The IFSP.

(m) FCESS programs shall advise families of their right to request that records be corrected or amended if they believe the information collected, maintained, or used is inaccurate or misleading or violates the privacy or other rights of the child or family.

(n) The FCESS program shall take steps to accommodate any request pursuant to (m) above.

(o) If the FCESS program refuses to amend the information as requested, the program director shall inform the parent of the refusal, why the request to amend the information was refused, and advise the parent of the right to complain pursuant to He-M 203.

(p) If, as a result of a complaint resolution it is decided, pursuant to He-M 203, that the information contained in the records is inaccurate, misleading, or otherwise in violation of privacy or other rights of the child, the FCESS program shall amend the information accordingly and so inform the parent(s) in writing.

(q) If, as a result of a complaint resolution it is decided, pursuant to He-M 203, that the information contained in the records is not inaccurate, misleading, or otherwise in violation of privacy or other rights of the child, the FCESS program shall inform the parent(s) of the right to place in the records a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the FCESS program.

(r) Any explanation placed in the records of the child shall be maintained by the FCESS program as part of the records of the child as long as the record, or the contested portion of a record, is maintained by the program.

(s) If the record, or the contested portion of a record, is disclosed by the FCESS program to any party, the explanation shall be disclosed to the party.

(t) The FCESS program shall inform the parent(s) when personally identifiable information collected, maintained, or used is no longer needed to provide supports and services to the child.

(u) Personally identifiable information that is no longer needed by an FCESS program shall be destroyed at the request of the parent(s).

(v) Notwithstanding (u) above, a permanent record of the following shall be maintained without a time limitation:

(1) The child's name and date of birth;

(2) The parents' contact information including address and telephone number;

(3) The name of the service coordinator(s) and early supports and services provider(s); and

(4) Exit data including the year and child's age and any programs entered into upon exiting.

(w) Records that parents have not requested to be destroyed shall be retained for at least 6 years following termination of service.

(x) All evaluations and assessments, notices of eligibility for services, IFSPs, notices of meetings, information regarding procedural safeguards, progress reports, and consent forms shall be written in language understandable to the general public and provided to the family in their native language or primary mode of communication unless it is unfeasible to do so. If the family's native language or means of communication is not a written language, the FCESS program shall take steps to ensure that the information is translated orally or by the mode of communication the family typically uses so that the information is meaningful and useful.

N.H. Admin. Code § He-M 510.13

(See Revision Note at part heading for He-M 510) #5745, eff 12-1-93, EXPIRED: 12-1-99

New. #7234, eff 4-22-00; ss by #9135, INTERIM, eff 4-22-08, EXPIRED 10-19-08

New. #9594, eff 11-11-09; ss by #10325, eff 4-26-13 (from He-M 510.14 )

Amended by Number 41, Filed October 12, 2023, Proposed by #13753, Effective 9/27/2023, Expires 9/27/2033.