172-B:2 Provision of Services; Acceptance Into Treatment. –
I. The commissioner shall have the authority and accountability for providing or arranging for the provision of a comprehensive system of alcoholism prevention and treatment services.
II. All state funds appropriated specifically for the prevention and treatment of alcoholism, and any federal or private funds which are received by the state for these purposes shall be in the budget of, and be administered by, the department of health and human services.
III. The commissioner shall have the authority to adopt rules, pursuant to RSA 541-A, relative to admission to alcohol treatment programs. In establishing such rules, the commissioner shall adhere to the following guidelines:
(a) A client shall be initially assigned or transferred to outpatient treatment, unless he is found to require medical treatment, detoxification or residential treatment;
(b) A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment;
(c) An individualized treatment plan shall be prepared and maintained on a current basis for each client; and
(d) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a program or a form of treatment shall have available and utilize other appropriate treatment.
IV. The commissioner shall establish, by rules adopted under RSA 541-A, a uniform, sliding-fee scale, based on the client's income, for voluntary services provided by approved alcohol treatment programs.
V. (a) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to establishing and providing for the administration of a voluntary registration program for operators of certified recovery housing seeking registration in the state of New Hampshire. The rules developed for the administration of the registration program shall include:
(1) A process for receiving complaints against certified recovery housing operators.
(2) Certification based on national standards including, but not limited to, documents to show the recovery house meets minimum safety and recovery standards including, but not limited to health, building, zoning, and fire inspection approvals, proof of insurance, resident agreement, emergency procedures, and policies and procedures addressing grievances, non-discrimination, code of ethics, and safe storage of medication.
(3) Criteria by which the department may exclude a residence from the list if the frequency or severity of complaints received supports a determination that the recovery housing at issue does not maintain standards or provide an environment that appropriately supports recovery.
VI. The department shall prepare, publish, and disseminate a list of recovery housing pursuant to paragraph V. A state agency or vendor with a state or federally funded contract that is providing treatment or recovery support services to a person shall not refer the person to recovery housing unless the recovery housing is certified pursuant to paragraph V.
VII. (a) The commissioner or designee shall designate an entity to serve as the certifying body for a voluntary certification program for recovery residences based upon standards determined by the National Alliance for Recovery Residences (NARR) or a similar entity. The certifying body shall establish and implement a certification program for recovery residences that maintain nationally-recognized standards that:
(1) Uphold industry best practices and support a safe, healthy, and effective recovery environment;
(2) Evaluate the residence's ability to assist persons in achieving long-term recovery goals;
(3) Protect residents of recovery residences against unreasonable and unfair practices in setting and collecting fee payments; and
(4) Verify good standing with regard to local, state, and federal laws and any regulations and ordinances including, but not limited to, building, maximum occupancy, fire safety and sanitation codes.
(b) The certifying body shall investigate complaints received by the department regarding non-compliance with NARR standards. The certifying body shall provide an annual report to the department, and shall report quarterly on any newly certified houses or houses that are out of compliance. The certifying body shall inform the department within 5 business days if a recovery house's certification is suspended or revoked.
(c) The department shall identify certified recovery houses in good-standing on the registry created pursuant to paragraph V.
(d) The department shall adopt rules, pursuant to RSA 541-A, relative to the process for certification and the requirements of this paragraph.
Source. 1979, 378:2. 1995, 310:177, 183. 2013, 144:107, eff. July 1, 2013. 2018, 307:2, eff. June 30, 2019. 2020, 37:148-150, eff. July 29, 2020.