Revision: Jan. 7, 2025, 1:05 p.m.
SB 37 - AS INTRODUCED
2025 SESSION
25-0297
05/02
SENATE BILL 37
AN ACT relative to residential care and health facility licensing.
SPONSORS: Sen. Pearl, Dist 17; Sen. Birdsell, Dist 19; Sen. Rosenwald, Dist 13; Rep. M. Pearson, Rock. 34; Rep. Grote, Rock. 24
COMMITTEE: Health and Human Services
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ANALYSIS
This bill revises residential care and health facility licensing requirements by (1) requiring licensed residential care facilities to have quality assurance programs; (2) requiring the results of any investigation be posted in a conspicuous place in the facility; (3) requiring facilities to post the results of Life Safety inspections known as “notices to correct;” (4) removing a redundant reference to administrative fines; (5) changing the term “hospital” to the term “facility;” and (6) removing the word “continuing” from the initial education requirements and replacing the term “ongoing training” with continuing education in the annual training requirement. The bill is a request of the department of health and human services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0297
05/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to residential care and health facility licensing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Residential Care and Health Facility Licensing; Proceedings of Residential Care Facility Quality Assurance Program; Confidentiality. Amend RSA 151:5-c, I to read as follows:
I. To help assure quality care of residents in licensed residential care facilities, such facilities [may voluntarily] shall maintain a quality assurance program for its residents as set forth in this section.
2 Residential Care and Health Facility Licensing; Investigations and Consultations. Amend RSA 151:6, I to read as follows:
I. The department of health and human services may investigate, in response to a complaint alleging a violation of this chapter or when it has good reason to believe that the provisions of this chapter or rules adopted under this chapter have been violated by any facility licensed under this chapter or agency required to be licensed in accordance to RSA 151:2, I or any facility providing services beyond room and board to 2 or more individuals unrelated to the owner or manager. Such investigations shall be conducted in accordance with rules adopted by the commissioner of the department of health and human services under RSA 151:9. The commissioner of the department of health and human services shall, when necessary, seek the assistance of local and state law enforcement authorities in order to complete its investigation. Investigation results shall be provided as a written report that identifies any noncompliance with this chapter and applicable rules adopted under this chapter. The results of this investigation and any later investigation shall be posted in a conspicuous place in the facility in the manner determined by the commissioner of the department of health and human services. The results so posted shall indicate the facilities and services investigated and the results for each such facility or service.
3 Residential Care and Health Facility Licensing; Annual Inspection. Amend RSA 151:6-a, II(c) to read as follows:
(c) Facilities shall [not] be required to post notices to correct issued under subparagraph (a) of this paragraph.
4 Residential Care and Health Facility Licensing; Civil Fines. Amend RSA 151:16-b to read as follows:
151:16-b Civil Fines. All [administrative fines and other] civil monetary penalties collected by the department from facilities licensed under this chapter shall be kept by the state treasurer in a separate, non-lapsing, interest bearing account. Interest earned on moneys deposited in the account shall be deposited into the account. The moneys in the account shall be used by the department for the protection of the health and property of residents of facilities licensed under this chapter.
5 Residential Care and Health Facility Licensing; Patients' Bill of Rights. Amend RSA 151:21, XXIII(b)(1)(D) to read as follows:
(D) Visitors are noncompliant with written [hospital] facility policy.
6 Residential Care and Health Facility Licensing: Patients' Bill of Rights. Amend RSA 151:21, XXIII(f)(3)to read as follows:
(3) [Hospital] Facility visitation policy detailing the rights and responsibilities specified in this paragraph, and the limitations placed upon those rights by written hospital policy on its website.
7 Residential Care and Health Facility Licensing; Dementia Training for Direct Care Staff in Residential Facilities; Continuing Education. Amend RSA 151:50 to read as follows:
151:50 Continuing Education. The commissioner shall adopt rules to require at least 6 hours of initial [continuing] education for covered administrative staff members and covered direct service staff members and shall require at least 4 hours of [ongoing training] continuing education each calendar year. Such continuing education shall include new information on best practices in the treatment and care of persons with dementia.
I. Sections 4, 5, 6, and 7 of this act shall take effect July 1, 2025.
II. Sections 1, 2, and 3 of this act shall take effect 60 days after its passage.