Section He-P 819.14 - Duties and Responsibilities of All Licensees(a) The CMA shall not provide direct care to any client unless it is also: (1) Certified by the department as an other qualified agency in accordance with RSA 161-H and He-E 601; or(2) Licensed by the department as a home care service provider or a home health care provider in accordance with RSA 151 and He-P 822 or He-P 809, respectively.(b) The licensee shall comply with all federal, state, and local laws, rules, codes, and ordinances, as applicable.(c) The licensee shall comply with the home care clients' bill of rights as set forth in RSA 151:21-b.(d) The licensee shall define, in writing, the scope and type of services to be provided by the CMA.(e) The licensee shall develop and implement written policies and procedures governing the operation and all services provided by the CMA to include but not limited to: (2) Documentation and records management;(3) Release of information;(4) Case management supervision protocol;(5) Evaluation, training, and competency of personnel;(6) Case management practice and services; and(7) Quality improvement program, as required by He-P 819.18.(f) All policies and procedures shall be reviewed annually and revised as needed.(g) The licensee or any personnel shall not falsify any documentation or provide false or misleading information to the department.(h) The licensee shall not:(1) Advertise or otherwise represent the program as operating a CMA, unless it is licensed; and(2) Advertise that it provides services that it is not authorized to provide.(i) The licensee shall comply with all conditions of warnings and administrative remedies issued by the department, and all court orders.(j) Licensees shall:(1) Initiate action to maintain the CMA in full compliance at all times with all relevant health and safety requirements contained in applicable federal, state, and local laws, rules, regulations, and ordinances;(2) Appoint an administrator; and(3) Implement any POC that has been accepted or issued by the department.(k) The licensee shall consider all clients competent and capable of making health care decisions unless the client:(1) Has a guardian appointed by a court of competent jurisdiction; or(2) Has a durable power of attorney for health care that has been activated.(l) A licensee shall provide a client or their guardian, agent, or personal representative with a copy of their client record pursuant to the provisions of RSA 151:21-b, II(i), upon request.(m) All records required for licensing shall be legible, current, accurate, and available to the department during an inspection or investigation conducted in accordance with RSA 151:6 and RSA 151:6-a.(n) Any licensee that maintains electronic records shall develop written policies and procedures designed to protect the privacy of clients and personnel that, at a minimum, include: (1) Procedures for backing up files to prevent loss of data;(2) Safeguards for maintaining the confidentiality of information pertaining to clients and staff; and(3) Systems to prevent tampering with information pertaining to clients and staff.(o) Client records shall be safeguarded against loss, damage, or unauthorized use by being stored in locked containers, cabinets, rooms, or closets except when being used by the CMA's personnel.(p) Client records shall be retained for a minimum of 4 years after discharge.(q) Prior to the CMA ceasing operation, it shall arrange for the storage of and access to client records for 4 years after the date of closure, which shall be made available to the department and past clients upon request.(r) In addition to the posting requirements specified in RSA 151:29, the licensee shall post the following documents in a public area: (1) The current license certificate issued in accordance with RSA 151:2;(2) All inspection reports issued in accordance with He-P 819.09(b) and He-P 819.11(c), for the previous 12 months;(3) A copy of the home care clients' bill of rights specified by RSA 151:21-b;(4) A copy of the licensee's complaint procedure, including the address and phone number of the department to which complaints may also be made, which shall also be posted on the CMA's website if available.(5) A copy of the licensee's policies and procedures relative to the implementation of client rights and responsibilities;(6) A copy of the licensee's complaint procedure, including a statement that complaints may be submitted, in writing, to: Department of Health and Human Services
Bureau of Licensing and Certification
Health Facilities Administration,
129 Pleasant Street
Concord, NH 03301 or by calling 603-271-9039; and
(7) The licensee's plan for fire safety, evacuation, and emergencies, identifying the location of, and access to, all fire exits.(s) The licensee shall admit and allow any department representative to inspect the CMA and all programs and services that are being provided at any time for the purpose of determining compliance with RSA 151 and He-P 819 as authorized by RSA 151:6 and RSA 151:6-a.(t) At the time of admission, the licensee shall give a client and their guardian, agent, or personal representative, if applicable, a listing of all CMA's charges and identify what services are included in the charge.(u) The licensee shall give a client a written notice before any increase is imposed in the cost or fees for any CMA services.(v) In the event of an emergency, the CMA shall inform local emergency officials of clients in need of evacuation.N.H. Admin. Code § He-P 819.14
Derived from Number 37, Filed September 14, 2023, Proposed by #13709, Effective 8/1/2023, Expires 8/1/2033.