NEW HAMPSHIRE VETERANS’ HOME

Tilton, NH

 

CHAPTER Ve-H 100  ORGANIZATION

 

Statutory Authority:  RSA 119:1

 

PART Ve-H 101  PURPOSE

 

          Ve-H 101.01  Purpose.

 

          (a)  The purpose of these rules is to provide a description of the New Hampshire veterans’ home and its responsibilities.  It includes the areas over which the home has control, cites the RSA provisions which gives the agency rulemaking authority, includes an organizational chart for the home and how the public has access to the home.

 

          (b)  The purpose of the New Hampshire veterans’ home shall be to manage all available and appropriate resources toward the care and treatment of resident members of the home.

 

Source.  #6058, eff 7-11-95

 

PART Ve-H 102  DEFINITIONS

 

          Ve-H 102.01  "Board" means the board of managers as described in RSA 119:2.

 

Source.  #6058, eff 7-11-95

 

          Ve-H 102.02  "Commandant" means the chief operating officer of the New Hampshire veterans’ home.

 

Source.  #6058, eff 7-11-95; ss by #8950, eff 7-21-07

 

          Ve-H 102.03  "Home" means the New Hampshire veterans’ home.

 

Source.  #6058, eff 7-11-95

 

PART Ve-H 103  AGENCY DESCRIPTION

 

          Ve-H 103.01  Description.

 

          (a)  Pursuant to RSA 119:1, the New Hampshire veterans’ home has the responsibility to insure that a comprehensive system of quality services is established and maintained for veterans’ residing at the home.

 

          (b)  The home is composed of a board of managers, commandant, and six areas of direct care and ancillary support services identified pursuant to Ve-H 103.02.

 

Source.  #1979, eff 3-15-82; ss by #2617, eff 2-10-84, EXPIRED: 2-10-90

 

New.  #6058, eff 7-11-95

 

          Ve-H 103.02  Office Descriptions.

 

          (a)  The board of managers have custody and care of the property of the institution, shall make needed bylaws and shall adopt rules under RSA 541-A relative to the management of the home and for the admission and discharge of residents.  The board shall do all things necessary to carry into effect the purpose for which the home was established.

 

          (b)  The commandant is responsible for the day to day operations of the home through the supervision of the offices described in Ve-H 103.02(c-h).

 

          (c)  The office of administrative services is responsible for materials management, payroll, electronic data processing, communications, accounting/budget, accounts payable and receivable, and resident accounts.

 

          (d)  The office of community affairs is responsible for liaison with community and military service organizations, marketing, public relations and fund-raising.

 

          (e)  The office of medical and rehabilitative services is responsible for physician services, nursing, physical therapy, speech and hearing, dietetics, medical records and transportation, X-ray services, laboratory services, pharmacy services, dental services and optometry services.

 

          (f)  The office of resident services is responsible for social services, chaplaincy, counseling, mental health services, quality assurance, recreation, family services, benefits, and volunteers.

 

          (g)  The office of environmental services is responsible for housekeeping, maintenance, safety, laundry, building and grounds.

 

          (h)  The office of dietary services is responsible for dietary services, food services, and cuisine.

 

Source.  #1207, eff 7-25-78; #1979, eff 3-15-82; ss by #2617, eff 2-10-84, EXPIRED: 2-10-90

 

New.  #6058, eff 7-11-95

 

PART Ve-H 104  COMMUNICATIONS WITH THE PUBLIC

 

          Ve-H 104.01  Location of the Home and Mailing Address; Telephone and Fax Numbers; Number for TTY/TDD Users.

 

          (a)  The home's location and mailing address is:

 

New Hampshire Veterans’ Home

139 Winter Street

Tilton, New Hampshire 03276

 

          (b)  The home's telephone number is (603) 527-4400.

 

          (c)  The home's fax number is (603) 527-4402.

 

          (d)  Access for in-state TTY users is through Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964.

 

Source.  #1979, eff 3-15-82; ss by #2617, eff 2-10-84, EXPIRED: 2-10-90

 

New.  #6058, eff 7-11-95; ss by #8950, eff 7-21-07

 

Ve-H 104.02  Attendance at Board Meetings by Members of the Public.

 

          (a)  Pursuant to RSA 91-A:2, II, members of the public shall have the right to attend and record board meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3.

 

          (b)  Persons intending to record a board meeting shall so inform the chair.

 

Source.  #8950, eff 7-21-07

 

          Ve-H 104.03  Notice of Board Meetings.

 

          (a)  Notice of the time and place of board meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II.

 

          (b)  Information about the time and place of board meetings shall also be available at the contact numbers stated in Ve-H 104.01(b) and (d).

 

Source.  #8950, eff 7-21-07

 

          Ve-H 104.04  Communication with the Board.

 

          (a)  Persons wishing to make submissions to the board may send:

 

(1)  A typed or clearly printed letter to the board at the mailing address stated in Ve-H 104.01(a); or

 

(2)  A typed or clearly printed fax to the board at the number stated in Ve-H 104.01(c).

 

          (b)  Persons making inquiries of the board may do so by mail, fax, telephone or TTY.

 

Source.  #8950, eff 7-21-07

 

          Ve-H 104.05  Public Access to Records.

 

          (a)  Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the board, including minutes of the meetings of the board of managers, which are public records and not exempt from disclosure by RSA 91-A:5 or other applicable law.

 

          (b)  Public records shall be inspected and copied at the office of the home during regular business hours.

 

          (c)  Persons desiring copies of public records shall reasonably describe the information being sought and pay the actual cost of the copies.

 

          (d)  If records are requested which contain both public information and information exempt from disclosure pursuant to RSA 91-A:5 or other applicable law, the office staff of the home, acting on behalf of the board, shall delete the information exempt from disclosure and provide the remaining information.

 

Source.  #8950, eff 7-21-07

 

          Ve-H 104.06 Website.  The website of the New Hampshire veterans’ home is www.nh.gov/veterans.

 

Source.  #8950, eff 7-21-07

 

CHAPTER Ve-H 200  PROCDURAL RULES

 

PART Ve-H 201  PURPOSE

 

          Ve-H 201.01  Purpose of Rules.  The purpose of this chapter is to assist applicants for residency, residents, legal representatives of residents and future residents and other interested parties in understanding the procedural rules of the New Hampshire Veterans’ Home, including procedures governing review of determinations of ineligibility for residence, complaint procedures and procedures governing adjudicative hearings.

 

Source.  #6313-A, eff 8-8-96, EXPIRED: 8-8-04

 

New.  #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

 

New.  #8951, eff 7-21-07

 

PART Ve-H 202  DEFINITIONS

 

          Ve-H 202.01  Meanings of Terms Used.  The following terms used in this chapter shall have the following meanings:

 

          (a)  “Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541-A:1, I., namely “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A: 36.”

 

          (b)  “Appearance" means a written notification to the board that a party, an intervenor or the representative of a party or intervenor intends to actively participate in an adjudicative proceeding.

 

          (c)  "Board" means the board of managers as described in RSA 119:2.

 

          (d)  "Commandant" means the chief operating officer of the New Hampshire veterans’ home.

 

          (e) "Complaint" means any allegation or assertion that the home has acted in an illegal or unjust manner.

 

          (f)  “Declaratory ruling" means, pursuant to RSA 541-A:1, V, a ruling by the board as to the specific applicability of any statutory provision or of any rule or order of the board.

 

          (g)  "Home" means the New Hampshire veterans’ home.

 

          (h)  "Intervenor" means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.

 

          (i)  "Legal representative" means any person designated in the manner required by law to act on behalf of an applicant for residency or resident, including:

 

(1)  A guardian;

 

(2)  A conservator; and

 

(3)  A person acting pursuant to an applicable power of attorney.

 

          (j)  "Motion" means a request to the presiding officer for an order or ruling directing some act to be done in favor of the proponent of the motion, including a statement of justification or reasons for the request.

 

          (k)  "Order" means, pursuant to RSA 541-A:1, XI, the whole or part of the board's final disposition of a matter other than a rule, but not including the board's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.

 

          (l)  "Party" means "party" as defined by RSA 541-A:1, XII, namely, "each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party."

 

          (m)  "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the board.

 

          (n)  "Presiding officer" means the commandant or any other person designated by the commandant.

 

          (o)  "Proof by a preponderance of the evidence" means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.

 

          (p)  “Public comment hearing” means a proceeding held pursuant to RSA 541-A:11.

 

          (q)  "Record" means, in a contested case, the materials set forth in RSA 541-A:31, VI.

 

          (r)  "Resident council" means an organization internal to the home:

 

(1)  Including all the residents of the home by virtue of their residency;

 

(2)  Requiring no fee for membership; and

 

(3)  Organized for the following purposes stated in its by-laws:

 

a. Helping the home's administration to provide better programs, surroundings and services;

 

b.  Giving residents greater participation in the affairs of the home;

 

c.  Promoting friendship and understanding among residents; and

 

d.  Providing and receiving information for the benefit of residents.

 

          (s)  “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.

 

Source.  #6313-A, eff 8-8-96, EXPIRED: 8-8-04

 

New.  #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

 

New.  #8951, eff 7-21-07

 

PART Ve-H 203  PROCEDURES FOR THE REVIEW OF DETERMINATIONS OF INELIGIBILITY FOR RESIDENCY – MOVED TO Ve-H 307

 

Ve-H 203.01  Request for Review of  Determination of Ineligibility for Residency.

 

Source.  #6313-A, eff 8-8-96, EXPIRED: 8-8-04

 

New.  #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

 

New.  #8952, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12563, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

 

PART Ve-H 204  COMPLAINT PROCEDURES

 

Ve-H 204.01  How to Submit Complaints.

 

(a)  A complaint against the home, its staff, or a resident may be submitted by any:

 

(1)  Resident;

 

(2)  Legal representative of a resident; or

 

(3)  Applicant for residency or such applicant's legal representative.

 

(b)  Complaints shall be addressed to the commandant in a letter containing the following information:

 

(1)  The name and address of the complainant;

 

(2)  The name and address of the complainant's legal representative, if any;

 

(3)  A concise statement of the facts complained of;

 

(4)  The identification of any statutes, rules, orders, or other authority which the complainant alleges have been violated, if known by the complainant; and

 

(5)  The signature of the complainant.

 

Source.  #6313-A, eff 8-8-96, EXPIRED: 8-8-04

 

New.  #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

 

New.  #8952, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12563, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12711, eff 1-15-19

 

Ve-H 204.02  Review of Complaints; Dismissal of Complaints.

 

(a)  Upon receiving a complaint not complete or clear enough for the commandant to determine whether the complaint has merit, the commandant shall request:

 

(1)  Additional information from the complainant or the complainant's legal representative; or

 

(2)  A clarification of the complaint.

 

(b)  The commandant shall dismiss the complaint if:

 

(1)  The complainant or the complainant's legal representative fails to:

 

a.  Include in the letter of complaint all of the information required by Ve-H 204.01(b);

 

b. Respond to the commandant's request for additional information within 60 calendar days;

 

c. Participate in any investigation related to the complaint which is ordered by the commandant; or

 

d.  Participate in any hearing related to the complaint which is ordered by the commandant; or

 

(2)  The complaint is without merit, as further set forth in (c) below.

 

(c)  The commandant shall dismiss the complaint if it does not relate to:

 

(1)  Admission;

 

(2)  Discharge;

 

(3)  One or more residents' rights;

 

(4)  One or more residents' health or safety; or

 

(5)  One or more residents' quality of life.

 

(d)  If a complaint is dismissed pursuant to (b) or (c) above, the commandant shall issue written notice to the complainant or to the complainant's legal representative of the dismissal and the reasons for it.

 

Source.  #6313-A, eff 8-8-96, EXPIRED: 8-8-04

 

New.  #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

 

New.  #8952, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12563, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12711, eff 1-15-19

 

Ve-H 204.03  Complaint Investigations.

 

(a)  If a complaint is not dismissed pursuant to Ve-H 204.03(b), the commandant shall:

 

(1)  Transfer the complaint to the residents' council pursuant to (b) below; or

 

(2)  Promptly initiate an investigation in accordance with (c) below.

 

(b)  The commandant shall transfer to the residents' council complaints which are reasonably interpreted as suggestions for improvements in the quality of the home's services and not as complaints relating to the matters listed in Ve-H 204.02 (c)(1) through (c)( 5).

 

(c)  The commandant's investigation shall:

 

(1)  Be carried out by a member of the home's staff or any person, entity, or governmental agency designated by the commandant on the basis of expertise on the topic of the complaint;

 

(2)  Result in a written investigation report that is:

 

a.  Completed within 14 calendar days of receipt of the complaint; and

 

b.  Includes all the facts required for the commandant to take action in accordance with (d) below.

 

(d)  Upon receiving the written investigation report the commandant shall:

 

(1)  Convene a meeting for the purpose of resolving the complaint informally, including in the meeting, as appropriate:

 

a.  The complainant;

 

b.  The complainant's legal representative, if any;

 

c.  Such persons as the written investigation report shows to be involved in the matter complained about; and

 

d.  Such persons as have applicable expertise; or

 

(2)  Schedule an adjudicative proceeding.

 

(e)  At any time, if the complainant or the complainant's representative asks the commandant to do so, the commandant shall:

 

(1)  Dismiss the complaint;

 

(2)  Convene a meeting pursuant to (d)(1) above; or

 

(3)  Schedule an adjudicative proceeding.

 

(f)  If the complaint is resolved informally, the commandant shall issue written notice of the terms of the informal resolution to the complainant or the complainant's legal representative.

 

Source.  #6313-A, eff 8-8-96, EXPIRED: 8-8-04

 

New.  #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

 

New.  #8952, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12563, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12711, eff 1-15-19

 

PART Ve-H 205  ADJUDICATIVE PROCEEDINGS

 

          Ve-H 205.01  Construction of Rules Governing Adjudicative Proceedings.  Parts Ve-H 205 through Ve-H 216 shall be construed to secure the just, accurate and efficient resolution of all disputes.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 205.02  Right to A Hearing.  Any person may request an adjudicative hearing to challenge a decision of the commandant relating to eligibility for residency, a complaint or any other matter concerning the home, provided that the request is made within 30 days of receipt of the commandant's decision.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 206  SETTLEMENTS

 

Ve-H 206.01  Settlement of Some or All Issues in a Dispute.

 

(a)  After the commencement of adjudicative proceedings in accordance with Ve-H 207.01, the person(s) disputing the commandant's decision shall have the opportunity at any time, including during the hearing, to reach an agreement to settle some or all of the issues, provided that there is no longer a dispute about the material facts.

 

(b)  To be effective, an agreement to settle shall:

 

(1)  Be written;

 

(2)  Include the terms of the agreement;

 

(3) Be signed by the person(s) originally disputing the commandant's decision and the commandant; and

 

(4)  Finalized as an order issued by the board.

 

(c)  The signing of an agreement to settle shall constitute a waiver of the right to a hearing of the issues resolved by the agreement.

 

(d)  The board shall:

 

(1)  Retain the original of the order of settlement described in (b) above; and

 

(2)  Issue copies to all parties, including the commandant.

 

Source.  #8952, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12563, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12711, eff 1-15-19

 

PART Ve-H 207  COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; PRESIDING OFFICER; APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING

 

          Ve-H 207.01  Commencement of Adjudicative Proceedings.

 

          (a)  An adjudicative proceeding shall be commenced by an order of the board giving the parties the notice specified in (b) below.

 

          (b)  The notice of hearing shall contain:

 

(1)  A statement of the time, place and nature of the hearing;

 

(2)  A statement of the time and place of any pre-hearing conference, if known on the date of issuance of the notice;

 

(3)  A statement of the legal authority under which the hearing is to be held;

 

(4)  A reference to the particular sections of the statutes and rules involved;

 

(5)  A short and plain statement of the issues involved;

 

(6)  A statement that each party has the right to have an attorney present to represent the party at the party's expense;

 

(7)  The names and addresses of the parties;

 

(8)  The names and addresses of the legal representatives of the parties, if any;

 

(9)  The name of the presiding officer, if known on the date of issuance of the notice;

 

(10)  If there will be no pre-hearing conference, the deadline for the submission of documents intended to be used as evidence at the hearing;

 

(11)  The case number assigned by the board, if any; and

 

(12)  The consequences, pursuant to Ve-H 214, of failing to appear at the hearing.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 207.02  Presiding Officer.

 

          (a)  Hearings shall be conducted by the commandant as presiding officer or another person designated by the commandant to act as presiding officer.

 

          (b)  The presiding officer shall as necessary:

 

(1)  Regulate and control the course of the hearing;

 

(2)  Facilitate settlement of the dispute that is the subject of the hearing;

 

(3)  Administer oaths and affirmations;

 

(4)  Receive relevant evidence and exclude irrelevant, immaterial or unduly repetitious evidence;

 

(5)  Rule on procedural requests at the request of a party or intervenor or on the presiding officer's own motion;

 

(6)  Question anyone who testifies to the extent required to make a full and fair record;

 

(7)  Arrange for verbatim recording of the hearing as specified in RSA 541-A:31, VII; and

 

(8)  Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 207.03  Withdrawal of Presiding Officer.

 

          (a)  Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any adjudicative proceeding for good cause.

 

          (b)  Good cause shall exist if the presiding officer:

 

(1)  Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party or intervenor;

 

(2)  Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case; or

 

(3)  Personally believes that he or she cannot fairly judge the facts of the case.

 

          (c)  Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 207.04  Appearances.

 

          (a)  Parties and intervenors may represent themselves or be represented by any individual whom the party or intervenor shall designate as his or her representative.

 

          (b)  An appearance shall be filed by:

 

(1)  Each party or the party's representative; and

 

(2)  Each intervenor or the intervenor's representative.

 

          (c)  The appearance shall contain the following information:

 

(1)  The case number assigned by the board or a brief identification of the case;

 

(2)  The name and daytime address and telephone number of the party, intervenor or representative filing the appearance; and

 

(3)  If applicable, the name and daytime address and telephone number of the party or intervenor being represented by the individual filing the appearance.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 207.05  Prehearing Conferences.

 

          (a)  One or more prehearing conferences shall be scheduled on the request of any party or intervenor, or on the initiative of the commandant, if to do so would facilitate the proceedings or encourage resolution of the dispute.

 

          (b)  A prehearing conference shall address one or more of the following, as appropriate:

 

(1) Offers of settlement;

 

(2)  Simplification of the issues;

 

(3)  Stipulations or admissions as to issues of fact or proof;

 

(4)  Limitations on the number of witnesses;

 

(5)  Changes to standard hearing procedures;

 

(6)  Consolidation of testimony or examination of witnesses; and

 

(7)  Any other matters that advance the efficiency of the proceedings.

 

          (c)  The presiding officer shall issue to the parties and any intervenors a pre-hearing order incorporating the matters determined at the pre-hearing conference(s).

 

Source.  #8951, eff 7-21-07

 

          Ve-H 207.06  Recording the Hearing.

 

          (a)  Except in the circumstances described in (b) below, the presiding officer shall record the hearing electronically or by any other method that will provide a verbatim record.

 

          (b)  If any person requests a transcript of the recording of a hearing, the board shall:

 

(1)  Cause a transcript to be prepared; and

 

(2)  Upon receipt of payment for the cost of the transcription, provide a copy of the transcript to the person making the request.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 208  WAIVER OF RULES

 

          Ve-H 208.01  Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon the motion of any party or intervenor, or on his or her own initiative, shall waive or suspend any requirement or limitation imposed by this chapter when the suspension or waiver:

 

          (a)  Appears to be lawful; and

 

          (b)  Is more likely to promote the just, accurate and efficient resolution of the pending dispute than would adherence to the particular requirement or procedure.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 209  TIME PERIODS

 

Ve-H 209.01  Computation of Time.

 

          (a)  Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days.

 

          (b)  Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

 

          (c)  If the last day of the period so computed falls on a Saturday, Sunday or a legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 210  FILING, FORMAT AND DELIVERY OF DOCUMENTS

 

          Ve-H 210.01  Date of Issuance or Filing.

 

          (a)  All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document.

 

          (b)  All written documents governed by this chapter shall be rebuttably presumed to have been filed with the board on the date of receipt, as evidenced by a date placed on the document by the board or its staff in the normal course of business.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 210.02  Format of Documents.

 

          (a)  All documents filed shall:

 

(1)  Include the name of the case and case number, if known;

 

(2)  Be typewritten or clearly printed;

 

(3)  Be signed by the proponent of the document, or, if the proponent appears by a representative, by the representative; and

 

(4)  Include a statement certifying that a copy of the document has been delivered to all parties and intervenors in compliance with Ve-H 210.03.

 

          (b)  The signature of a party or intervenor or the representative for the party or the intervenor on a document filed with the board shall constitute certification that:

 

(1) The signer has read the document;

 

(2)  The signer is authorized to file it;

 

(3)  To the best of the signer's knowledge, information and belief there are good and sufficient grounds to support it; and

 

(4)  The document has not been filed for purposes of delay.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 210.03  Delivery of Documents.

 

          (a)  Copies of all motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered to the board and to all other parties and intervenors.

 

          (b)  All notices, orders, decisions or other documents issued by the presiding officer or the board shall be delivered to all parties and intervenors.

 

          (c)  Delivery of documents relating to a proceeding but not issued by the presiding officer or the board shall be made either in hand or by depositing into the United States mail a copy of the document in an envelope bearing:

 

(1)  The name of the person intended to receive the document;

 

(2)  The full address, including zip code, last provided to the board by such person; and

 

(3)  Prepaid first class postage.

 

          (d)  Delivery of documents relating to a proceeding and issued by the presiding officer or the board shall be by mailing them in accordance with (c) above and also by mailing them using certified mail with return receipt requested.

 

          (e)  When a party or intervenor appears by a representative, delivery of a document to the party's or intervenor’s representative at the address stated on the appearance filed by the representative shall constitute delivery to the party or intervenor.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 211  MOTIONS AND OBJECTIONS; DECISIONS ON MOTIONS

 

          Ve-H 211.01  Motions.

 

          (a)  Motions shall be in a signed writing submitted to the presiding officer, unless:

 

(1)  Made in response to a matter asserted for the first time at the hearing; or

 

(2)  Based on information that was not received in time to prepare a written motion.

 

          (b)  Oral motions and any oral objections to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the proponent to submit the motion in writing and provide supporting information.

 

          (c)  Except as otherwise provided in this chapter, a motion shall:

 

(1)  State with specificity the basis for it;

 

(2)  State the action sought;

 

(3)  State compliance with (d) below on seeking concurrence;

 

(4)  Be copied to all other parties and intervenors;

 

(5)  State that a copy was sent to all other parties and intervenors; and

 

(6)  Attach any memoranda or documents that the proponent wishes to attach to support the motion.

 

          (d)  The moving party shall make a good-faith attempt to obtain concurrence from opposing parties, except in the case of a motion for which it can reasonably be assumed that concurrence can not be obtained.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 211.02  Objections to Motions.  An objection to a written motion shall:

 

          (a)  Be submitted within 10 calendar days after the motion was submitted;

 

          (b)  State the basis for the objection; and

 

          (c)  Attach any memoranda or documents that the party submitting the objection wishes to attach to support the objection.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 211.03  Decisions on Motions.

 

          (a)  The presiding officer shall decide on motions without an oral hearing, except when an oral hearing is scheduled on the initiative of the presiding officer or the board for the purpose of obtaining necessary information or clarifying an issue.

 

          (b)  Failure by an opposing party or an intervenor to object to a motion shall not in and of itself constitute grounds for granting a motion.

 

          (c)  The presiding officer shall decide on a motion after full consideration of all objections and applicable law.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 212  INTERVENTION; ROLE OF THE STAFF OF THE HOME

 

          Ve-H 212.01  Intervention Procedure.

 

          (a)  Petitions for intervention shall:

 

(1)  Describe in writing the petitioner's interest in the subject matter of the proceedings;

 

(2)  Be submitted to the presiding officer; and

 

(3)  Be mailed in copy form to all parties identified in the notice commencing the hearing.

 

          (b)  A petition for intervention shall be granted by the presiding officer if the petitioner complied with (a) above at least 3 calendar days before the hearing and the presiding officer determines that:

 

(1)  The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceedings or the petitioner qualifies as an intervenor under law; and

 

(2)  The intervention sought would not impair the interests of justice and the orderly and prompt conduct of the proceedings.

 

          (c)  The presiding officer shall grant a petition for intervention at any time if:

 

(1)  The petitioner complied with (a) above; and

 

(2)  The presiding officer determines that the intervention sought would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 212.02  Effect of Intervention and Rights of an Intervenor.

 

          (a)  Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted.

 

          (b)  Notwithstanding the provisions of this chapter, an intervenor’s right to participate in an adjudicative proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.

 

          (c)  An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated because of the fact of intervention.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 212.03  Role of the Staff of the Home.  The members of the staff of the home shall have no role in any hearing other than that of witnesses unless they petition for, and are granted, the right to intervene.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 213  CONTINUANCES

 

          Ve-H 213.01  Motions for Continuance.

 

          (a)  Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.

 

          (b)  Any party or intervenor who objects to a proposed delay or continuance shall file an objection to the motion.

 

          (c)  A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would assist in resolving the case fairly.

 

          (d)  If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 214  FAILURE TO PARTICIPATE IN THE HEARING

 

          Ve-H 214.01  Failure of the Party Having the Overall Burden of Proof to Participate in the Hearing.

 

          (a)  The board shall dismiss the case if the party having the overall burden of proof, having been given notice in accordance with Ve-H 207.01:

 

(1)  Failed to move for a delay in, or continuance of, the hearing date; and

 

(2)  Failed to participate in the hearing.

 

          (b)  The board shall re-open the case and schedule a new hearing date on the motion of the party having the overall burden of proof if:

 

(1)  The motion to re-open the case is submitted within 7 calendar days of the original hearing date; and

 

(2)  The board determines that the failure to participate in the hearing on the originally scheduled date was the result of accident, injury, illness, death of a family member or other circumstance beyond the party’s control.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 214.02  Failure of a Party Not Having the Overall Burden of Proof to Participate in the Hearing.

 

          (a)  The board shall receive and evaluate the testimony and other evidence of all other parties and intervenors if a party who does not have the overall burden of proof, having been given notice in accordance with Ve-H 207.01:

 

(1)  Failed to move for a delay in, or continuance of, the hearing date; and

 

(2)  Failed to participate in the hearing.

 

          (b)  The board shall accept testimony and other evidence on the motion of such a party if:

 

(1)  The motion for acceptance of testimony or other evidence is submitted within 7 calendar days of the original hearing date; and

 

(2)  The board determines that the failure to participate in the hearing on the originally scheduled date was the result of accident, injury, illness, death of a family member or other circumstance beyond the party’s control.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 215  DISCOVERY OF INFORMATION

 

          Ve-H 215.01  Voluntary Production of Information.

 

          (a)  Parties and intervenors shall make requests for the voluntary production of information and documents relevant to the hearing as soon as they perceive that the information or documents are needed.

 

          (b)  Parties and intervenors shall attempt in good faith to make complete and timely response to such requests for the voluntary production of relevant information and documents.

 

          (c)  When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion in accordance with Ve-H 211 to compel the production of the requested information or documents.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 215.02  Motions to Compel Production of Information and Documents.

 

          (a)  Any party or intervenor may make a motion to compel compliance with an information or document request.

 

          (b)  A motion to compel the production of requested information or documents shall be filed:

 

(1)  At least 30 calendar days before the scheduled hearing; or

 

(2)  If there are not 30 calendar days left before the scheduled hearing, as soon as possible after:

 

a.  Receipt of a refusal to respond timely and completely to the request for voluntary production; or

 

b.  The passing of time sufficient for a response to the request for voluntary production without receipt of either a response or an explanation for the failure to respond.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 215.03  Pre-Hearing Disclosure of Witnesses and Exhibits.  At least 5 calendar days before the hearing, the parties and intervenors shall provide to the other parties and intervenors:

 

          (a)  A list of all witnesses to be called at the hearing containing the names of the witnesses, their addresses and their telephone numbers;

 

          (b)  Brief summaries of the testimony of the witnesses to be called;

 

          (c)  A list of documents and exhibits to be offered as evidence at the hearing;

 

          (d)  A copy of each document to be offered as evidence at the hearing; and

 

          (e)  An offer to allow the inspection of non-documentary exhibits to be offered as evidence at the hearing at times and places of convenience to the board, the parties and any intervernors.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 216  HEARING PROCEDURE

 

          Ve-H 216.01  Ex Parte Communications.  Ex parte communications of any kind during the pendency of the proceeding shall be prohibited.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.02  General Obligations of Representatives.

 

          (a)  Representatives of parties and intervenors shall treat the hearing process and all participants with respect, fairness, and candor.

 

          (b)  Representative shall not:

 

(1)  Introduce or attempt to introduce evidence without a good faith belief that the evidence is relevant;

 

(2)  Attempt to influence the presiding officer or the board on an ex parte basis; or

 

(3)  Engage in behavior that disrupts the proceedings, including:

 

a.  Delaying the hearing for the sake of delay;

 

b.  Making frivolous arguments;

 

c.  Using language so as to be deliberately offensive or verbally abusive to any participant; and

 

d.  Employing tactics that have no purpose other than to embarrass or burden another participant.

 

          (c)  The board shall:

 

(1) Order any representative violating (b)(3) above to cease such violation; and

 

(2) If such violation continues notwithstanding the board's order, ask the party or intervenor being represented to choose a new representative or to participate in the hearing without representation.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.03  Standard and Burden of Proof.  The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.04  Order of Testimony; Cross-Examination; Calling Witnesses.

 

          (a)  Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified.

 

          (b)  Testimony on behalf of the parties shall be offered in the following order:

 

(1)  The testimony of the party or parties bearing the overall burden of proof and such witnesses as such party or parties may call; and

 

(2)  Thereafter, the testimony of the party or parties opposing the party who bears the overall burden of proof and such witnesses as such party or parties may call.

 

          (c)  The testimony of intervenors and such witnesses as such intervenors may be allowed to call shall be offered at the time directed by the presiding officer.

 

          (d)  Each party may cross-examine any witnesses offered against that party.

 

          (e)  The presiding officer shall call witnesses not called by the parties if their testimony is required for a full and fair adjudication of the issues.

 

          (f)  Pursuant to RSA 541-A:32, III, the right of an intervenor to cross-examine witnesses and to use the other  procedures accorded to parties shall be determined by the presiding officer.

 

          (g)  Members of the board shall question witnesses when necessary for a full and fair adjudication of the issues, but the presiding officer shall control the timing of their questions.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.05  Evidence.

 

          (a)  Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

 

          (b)  All rules of privilege recognized under the laws of the state of New Hampshire shall apply.

 

          (c)  Official notice shall be taken of the following:

 

(1)  Facts which could be judicially officially noticed in the state's courts; and

 

(2)  The record of other proceedings before the agency.

 

          (d)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer or the board as irrelevant, immaterial, unduly repetitious or legally privileged.

 

          (e)  All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

 

          (f)  The presiding officer or the board shall require the filing after the close of the hearing of any materials necessary to clarify any issues to be decided.

 

          (g)  Transcripts of testimony as well as documents, materials and objects admitted into evidence shall be public records unless the presiding officer determines that all or part of them is exempt from disclosure under RSA 91-A:5 or applicable case law.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.06  Closing the Record.  After the conclusion of the hearing and the filing of any materials in accordance with Ve-H 216.05(f), the record shall be closed and no additional evidence shall be included in the record except as allowed by Ve-H 216.07.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.07  Reopening the Record.

 

          (a)  Any party or intervenor may:

 

(1)  Move to reopen the record for the inclusion in the record of specified evidence or claims of law; and

 

(2)  File an objection to such a motion to reopen the record.

 

          (b)  The board shall grant a motion to reopen the record if:

 

(1)  The evidence sought to be included in the record appears not to have been available at the time of the hearing or the claim of law was inadvertently omitted; and

 

(2)  The board determines that:

 

a. The newly discovered evidence or new claim of law is relevant, material and non-duplicative; and

 

b.  Its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

 

          (c)  After the board grants a motion to reopen the record pursuant to (b) above, it shall:

 

(1)  Accept the newly discovered evidence or claim of law as part of the record; and

 

(2)  Not schedule a hearing unless the newly discovered evidence is testimonial in nature.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.08  Findings of Fact and Rulings of Law.

 

          (a)  Any party or intervenor may submit proposed findings of fact and rulings of law.

 

          (b)  When a party or intervenor has submitted proposed findings of fact, the board shall rule on them as part of its decision.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.09  Decision by the Board.

 

          (a)  The board shall decide a case on the basis of:

 

(1)  The testimonial evidence;

 

(2)  Its evaluation of the credibility of the testimonial evidence; and

 

(3)  The balance of the record, including:

 

a.  Stipulations of fact and other terms of pre-hearing orders;

 

b.  Rulings on motions and the reasons for them;

 

c.  Matters officially noticed; and

 

d.  Documents and non-documentary things received into evidence.

 

          (c)  No board member shall participate in the board's decision of a case if he or she has not personally heard all of the testimony in the case, unless:

 

(1)  The decision does not depend on the credibility of any witness; and

 

(2)  The record provides a reasonable basis for evaluating the testimony given at the hearing.

 

          (d)  The board shall issue its decision, findings of fact and rulings of law, and any orders needed to implement the decision, in a written notice issued to all parties and intervenors within 30 working days of the close of the hearing or of the reopened hearing.

 

          (e)  The board shall keep a decision in its records for at least 5 years following the date of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 216.10  Rehearing.  The board shall entertain no requests for rehearing.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 217  RULEMAKING

 

          Ve-H 217.01  Petitions for Rulemaking.

 

          (a)  Any person may seek the adoption, amendment or repeal of a rule by submitting to the board a petition pursuant to RSA 541-A:4.

 

          (b)  Each petition for rulemaking shall contain:

 

(1)  The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;

 

(2)  A statement of the purpose of the petition, whether the adoption, amendment or repeal of a rule;

 

(3)  If amendment or adoption of a rule is sought, the text proposed;

 

(4)  If amendment or repeal of a rule is sought, identification of the current rule sought to be amended or repealed;

 

(5)  Reference to the statutory provision that authorizes or supports the rulemaking petition; and

 

(6)  Information or argument useful to the board when deciding whether to begin the rulemaking process.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 217.02  Disposition of Petitions for Rulemaking.

 

          (a)  The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision.

 

          (b)  The board shall grant the petition for rulemaking unless the adoption, amendment or repeal sought would result in:

 

(1)  A rule that is not within the rulemaking authority of the board;

 

(2)  Duplication of a rule or of a statutory provision;

 

(3)  Inconsistency between the existing rules and the statutory mandate of the board;

 

(4)  Inconsistency between administrative rules; or

 

(5)  Excessive burden upon the board, the home or both, in terms of cost or a reduction in efficiency or effectiveness.

 

          (c)  Within 30 calendar days of receipt of a sufficient petition the board shall dispose of it in the following manner:

 

(1)  By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

 

(2)  By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

 

          (d)  The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 218  PUBLIC COMMENT HEARINGS

 

          Ve-H 218.01  Purpose.  The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 218.02  Public Access and Participation.

 

          (a)  Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Ve-H 218.03.

 

          (b)  People who wish to testify shall be asked to write on the speaker's list:

 

(1)  Their full names and addresses; and

 

(2)  The names and addresses of organizations, entities or other persons whom they represent, if any.

 

          (c)  Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 calendar days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 218.03  Limitations on Public Participation.  The board's chair or other person designated by the board to preside over a hearing shall:

 

          (a)  Refuse to recognize for speaking or revoke the recognition of any person who:

 

(1)  Speaks or acts in an abusive or disruptive manner;

 

(2)  Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

 

(3)  Restates more than once what he or she has already stated; and

 

          (b)  Limit presentations on behalf of the same organization or entity to no more than 3, provided that all those representing such organization or entity may enter their names and addresses into the record as supporting the position of the organization or entity.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 218.04  Media Access.  Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward:

 

          (a)  Limitation of the number of media representatives when their number together with the number of other members of the public present exceeds the capacity of the hearing room;

 

          (b)  Limitation on the placement of cameras to specific locations within the hearing room; or

 

          (c)  Prohibition of interviews conducted within the hearing room before or during the hearing.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 218.05  Conduct of Public Comment Hearings.

 

          (a)  Public comment hearings shall be attended by a quorum of the board.

 

          (b)  Public comment hearings shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing.

 

          (c)  The chair or other person presiding over a hearing shall:

 

(1)  Call the hearing to order;

 

(2)  Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;

 

(3)  Cause a recording of the hearing to be made;

 

(4)  Recognize those who wish to be heard;

 

(5)  If necessary, establish limits pursuant to Ve-H 218.03 and Ve-H 218.04;

 

(6)  If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

 

(7)  If necessary, postpone or move the hearing; and

 

(8)  Adjourn or continue the hearing.

 

          (d)  A hearing shall be postponed in accordance with RSA 541-A:11, IV when:

 

(1)  The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

 

(2)  There is no quorum of the board due to illness or unavoidable absence; or

 

(3)  Postponement will facilitate greater participation by the public.

 

          (e)  A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

 

          (f)  A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

 

(1)  The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

 

(2)  The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 219  DECLARATORY RULINGS

 

          Ve-H 219.01  Requests for Declaratory Rulings.

 

          (a)  Any person may request a declaratory ruling by the board if that person is directly affected by RSA 119 or by any administrative rule of the board.

 

          (b)  A request for a declaratory ruling shall be in a writing containing:

 

(1)  The name and address of the individual or entity making the request;

 

(2)  The text of the ruling being requested;

 

(3)  The reasons for the request; and

 

(4) The following declaration signed by the individual making the request, the authorized representative of such individual, or the authorized representative of the entity making the request:

 

"I declare that I have examined the request for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct and complete."

 

Source.  #8951, eff 7-21-07

 

          Ve-H 219.02  Documents Required to Support Requests for Declaratory Rulings.

 

          (a)  A request for a declaratory ruling shall be accompanied by:

 

(1)  A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested;

 

(2)  A statement of the facts believed to support the ruling being requested; and

 

(3)  Supplementary material necessary to establish or clarify the facts set forth in the statement of facts.

 

          (b)  A request for a declaratory ruling may be accompanied by additional material chosen by the person making the request.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 219.03  Processing Requests for Declaratory Rulings.

 

          (a)  Within 30 calendar days of receiving a request for a declaratory ruling the board shall advise the person requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented.

 

          (b)  If additional information should be needed, the board shall specify the additional information required and request that it be provided in a statement of additional information that includes the declaration specified in Ve-H 219.01(b)(4) and is accompanied by any material necessary to establish or clarify the facts set forth in the statement.

 

Source.  #8951, eff 7-21-07

 

          Ve-H 219.04  Issuance and Publication of Declaratory Rulings.

 

          (a)  When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts.

 

          (b)  When the established facts show that the board lacks jurisdiction to issue a declaratory ruling, the board shall issue a written decision stating that it lacks jurisdiction to issue a declaratory ruling and identifying the lack of jurisdiction.

 

          (c)  Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II (b).

 

Source.  #8951, eff 7-21-07

 

          Ve-H 219.05  Effect of Declaratory Rulings.  A declaratory ruling shall apply only to the board and to the person requesting it and shall be confined to the facts presented in the original request and in response to a request for additional information made by the board.

 

Source.  #8951, eff 7-21-07

 

PART Ve-H 220  EXPLANATION OF ADOPTED RULES

 

Ve-H 220.01  Requests for Explanation of Adopted Rules.  Any interested person may, within 30 calendar days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including:

 

(a)  The name and address of the person making the request; or

 

(b)  If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

 

Source.  #8952, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12563, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12711, eff 1-15-19

 

        Ve-H 220.02  Contents of Explanation.  The board shall, within 60 calendar days of receiving a request in accordance with Ve-H 220.01, provide a written response which:

 

(a)  Concisely states the meaning of the rule adopted;

 

(b)  Concisely states the principal reasons for and against the adoption of the rule in its final form; and

 

(c)  States, if the board did so, why the board overruled any arguments and considerations presented against the rule.

 

Source.  #8952, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12563, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12711, eff 1-15-19

 

CHAPTER Ve-H 300  RESIDENCY AND ADMISSION TO NEW HAMPSHIRE VETERANS’ HOME

 

PART Ve-H 301  DEFINITIONS

 

Ve-H 301.01  Definitions.  The following terms shall have the following meanings:

 

(a)  "Admissions committee" means a committee composed of the commandant, the director of resident care services, the medical director, the business administrator, and other home staff and individuals with the expertise required to evaluate the residency application under consideration;

 

(b)  "Assets" means any property held by an applicant for residency, including real property, of more than de minimis value;

 

(c)  "Commandant" means the chief operating officer of the New Hampshire veterans’ home;

 

(d)  "Home" means the New Hampshire veterans’ home;

 

(e)  "Income" means any periodic payment from any source received by an applicant for residency in the home or by a resident;

 

(f)  "Legal representative" means any person designated in the manner required by law to act on behalf of the applicant for residency or resident, including:

 

(1)  A guardian;

 

(2)  A conservator; and

 

(3)  A person acting pursuant to an applicable power of attorney;

 

(g)  "Life enhancement dementia unit" means the residential unit addressing the needs of residents with Alzheimer's disease or other conditions of memory impairment; and

 

(h)  "Pay" means to make payment by using any funds available, including funds pursuant to insurance policies.

 

Source.  #1207, eff 7-25-78; ss by #1979, eff 3-15-82; ss by #2617, eff 2-10-84, EXPIRED: 2-10-90

 

New.  #6247, eff 5-18-96, EXPIRED: 5-18-04

 

New.  #8516, INTERIM, eff 12-16-05, EXPIRED: 6-14-06

 

New.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

PART Ve-H 302  ELIGIBILITY FOR RESIDENCY

 

Ve-H 302.01  Residency Eligibility Requirements.  An applicant shall be eligible for residency in the home if the applicant meets the following requirements:

 

(a)  Veterans who have served on active duty in the armed forces of the United States as defined by 38 U.S.C. section 101, or in reserve units or in the New Hampshire army or air national guard;

 

(b)  Honorable discharge from military service;

 

(c)  Legal residency in New Hampshire for at least one year immediately preceding the date of application. The one-year residency requirement shall be waived for the following veterans:

 

(1) A veteran whose DD214 certificate or any document used by the veterans' home for admission states a New Hampshire address as his or her home of record upon discharge from active duty; and

 

(2)  An active duty veteran who has a New Hampshire address as his or her home of record and who is being discharged directly from a medical facility.

 

(d)  A need for care or supervision not exceeding the capabilities of the home's services and residential accommodations;

 

(e)  Satisfaction of the medical eligibility standard set forth in Ve-H 303; and

 

(f)  Satisfaction of the financial eligibility standards set forth in Ve-H 304.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

PART Ve-H 303  MEDICAL ELIGIBILITY FOR RESIDENCY

 

Ve-H 303.01  Medical Eligibility Standard.  A veteran shall meet the medical eligibility standard if he or she is incapable of earning a living because of age, disease, or infirmity.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

PART Ve-H 304  FINANCIAL ELIGIBILITY FOR ADMISSION AND LIABILITY OF RESIDENTS FOR PAYMENT FOR ROOM AND BOARD

 

Ve-H 304.01  Financial Circumstances Affecting Eligibility for Residency.

 

(a)  An applicant's or resident's financial circumstances shall affect their financial contribution or their room and board financial contribution, as further set forth in Ve-H 304.02 and Ve-H 304.03.

 

(b)  An applicant's or resident's financial circumstances shall affect required payments for room and board as further set forth in Ve-H 304.03 and Ve-H 304.04.

 

(c)  The effects of an applicant's or resident's financial circumstances shall be the same whether or not an applicant or resident has a guardian with power over his or her financial affairs or a conservator.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 304.02  Effect of Employment and Unemployment Compensation on Eligibility for Residency.  An applicant shall not be eligible for residency so long as he or she is employed or receiving unemployment compensation.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 304.03  Effect of Assets on Eligibility for Residency.

 

(a)  Applicants whose assets, after the allowable spend-down described in Ve-H 304.04, are greater than $30,000 on the date of application for residency, or at any time during the 12 months immediately prior to the date of application, shall:

 

(1)  Be permitted to retain their assets and be considered financially eligible on the condition that they pay full room and board charges net of any per diem reimbursement by the federal government; or

 

(2)  Be permitted, after achieving resident status, to:

 

a.  Actively market and sell their assets;

 

b.  Pay any arrears in full room and board charges net of any per diem reimbursement by the federal government accrued during the period required to realize the proceeds of the sale of the assets; and

 

c.  Thereafter pay full room and board charges net of any per diem reimbursement by the federal government.

 

(b)  Proof of active marketing of an asset pursuant to (b)(2)a. shall:

 

(1)  Be submitted to the home when requested; and

 

(2)  Consist in a copy of:

 

a.  A purchase and sale agreement;

 

b.  A listing with a commercial broker;

 

c.  A commercially published advertisement showing the asset to be for sale; or

 

d.  A printout of a sales listing on a website not belonging to the seller of the asset.

 

(c)  Applicants whose assets are $30,000 or less, after the allowable spend-down described in Ve-H 304.04, on the date of application for residency, or at all times during the 12 months immediately prior to the date of application, shall be permitted to retain their assets and be considered financially eligible on the condition that they pay for room and board in accordance with Ve-H 304.05.

 

(d)  Assets held in the name of the applicant or resident shall be presumed to be those of the applicant or resident unless:

 

(1)  The asset is:

 

a.  The applicant's or resident's only residential property; and

 

b.  The property is occupied by the applicant's or resident's:

 

1.  Spouse; or

 

2.  Person eligible to be listed as a dependent on the applicant's federal income tax return; or

 

(2)  Shared ownership of the asset can be proven, and the applicant's or resident's ownership share can be precisely determined, on the basis of mortgage documents, court records, or other similar documents showing shared ownership.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 304.04  Permissible Spend-Down.  Before calculating an applicant's assets for the purpose of applying Ve-H 304.03(a), Ve-H 304.03(b) or Ve-H 304.03(d), the applicant shall be permitted to spend such sums as are required to pay:

 

(a)  The applicant's anticipated funeral expenses;

 

(b)  The costs of a one-time purchase of clothing needed by the applicant;

 

(c)  The outstanding medical bills of the applicant;

 

(d)  The costs of the applicant's stay in another long term care facility pending admission to the home; and

 

(e)  The costs of major repairs to the applicant's home, if the applicant's spouse intends to continue to occupy the home.

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 304.05  Liability of Residents for Payment for Room and Board.

 

(a)  Applicants described in Ve-H 304.03(d) shall make monthly payments for room and board:

 

(1)  Based upon monthly income exclusive of any income paid the resident by the home for work in accordance with the resident's plan of care; and

 

(2)  In accordance with the following calculation:

 

a.  Exemption of $100.00 from monthly income; and

 

b.  After such exemption, 90% of monthly income, provided that:

 

1.  The resident's spouse shall not suffer financial hardship as described in Ve-H 304.06 as a result; and

 

2.  The payment shall not exceed full room and board charges net of any per diem reimbursement by the federal government.

 

(b)  Payments for room and board shall be due upon receipt of monthly income by the resident, the resident's guardian, or the resident's conservator.

 

(c)  Any amount of the resident's monthly income remaining after payment for room and board shall be deposited into the resident's administrative account unless the resident or the resident's guardian with power over the resident's financial affairs or the resident's conservator elects otherwise.

 

(d)  As proof of income, residents shall on an annual basis complete page 3A as further described in Ve-H 306.01(b)(4).

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 304.06  Spousal Hardship.

 

(a)  A reduction in an applicant's or resident's payment pursuant to Ve-H 304.05(a)(2) may be granted if his or her spouse's necessary expenses exceed income.

 

(b)  Such reduction shall take into account spousal need but not exceed a 25% reduction in the payment required by Ve-H 304.05(a)(2).

 

(c) The spouse's proof that necessary expenses exceed income shall be shown by the spouse's completion of, and notarized signature on, a “Applicant’s Financial Affidavit for NHVH Form” (revised date 07/16/18) provided by the home.

 

(d)  The spouse's notarized signature on such “financial affidavit form” (revised date 07/16/18) shall certify that the information provided on the form is accurate and complete to the best of the spouse's knowledge and belief.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

PART Ve-H 305  ADMISSIONS TO THE HOME AND ORDER OF PRIORITY IN ADMISSIONS

 

Ve-H 305.01  Admissions to the Home.

 

(a)  An applicant determined eligible for residency shall be admitted promptly following his or her acceptance for residency unless there is no current vacancy in the residential unit which would be medically appropriate for the eligible applicant.

 

(b)  Eligible applicants not promptly admitted shall be:

 

(1)  Placed in the pool of candidates for admission; and

 

(2)  Admitted as soon as possible in accordance with these rules.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 305.02  Admission Priorities.  If there are more applicants eligible for residency in the general care unit or in the life enhancement dementia unit than there are current vacancies in the relevant unit, admissions shall take place according to the following order of priority:

 

(a)  Eligible applicants who are homeless;

 

(b)  Eligible applicants whose presence in their existing living environments present a danger of serious physical or psychological harm to the applicants or others; and

 

(c)  Eligible applicants whose financial circumstances are inadequate to support themselves within their present living environments.

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

PART Ve-H 306  APPLICATION PROCEDURES

 

Ve-H 306.01  Application Procedures.

 

(a)  Applicants for residency or their legal representatives shall apply by completing and submitting an application packet consisting of the application pages described in (b) below and the documents described in (c) below.

 

(b)  The applicant shall provide the following:

 

(1) On page one, "NH veterans’ home admission application" (effective date 07/16/18), requesting the following types of information:

 

a.  Personal;

 

b.  Military service; and

 

c.  Some medical and medical insurance;

 

(2)  Page one-A, "Legal and Contact Information” (effective date 03/17/08):

 

a.  The following types of information:

 

1.  Whether the applicant has executed specified legal documents;

 

2.  Whether the applicant is under guardianship or conservatorship; and

 

3.  Information about the applicant's spouse and contact persons; and

 

b.  A witnessed signature and the date of signing;

 

(3)  Page 2, "Final Requests" (revised date 3/10/10), requesting information about arrangements in case of demise;

 

(4)  Page 3A, "Applicant's Financial Affidavit for NHVH" (effective date 07/16/18), requesting:

 

a.  The applicant's and the applicant's spouse's separate assets;

 

b.  Their joint assets;

 

c.  The applicant's alimony and child support obligations;

 

d.  Information about the applicant's long term care insurance; and

 

e.  The applicant's and the applicant's spouse's income from specified sources;

 

(5)  Page 4, “New Hampshire Veterans’ Home Agreement Form" (effective date 3/17/08), requiring below a preprinted statement: 

 

a.  The witnessed signature of the applicant or the applicant's legal representative; and

 

b.  The date of signing;

 

(6)  Page 5A, "State Home Program Application For Veteran Care Medical Certification" (VA Form 10-10SH Sep 2016), requiring completion by the applicant's physician;

 

(7)  Page 5B, "New Hampshire Veterans Home Medical Information Form" (revised date 03/17/08), requiring completion by the applicant's physician and faxing of pertinent test results;

 

(8)  Page 6, "release of information" (effective date 10/19/17):

 

a.  Giving the applicant's permission for the medical providers and institutions indicated to:

 

1.  Furnish to the home a copy of the signer's medical record;

 

2.  Allow the home to review the medical record; and

 

3.  Furnish to the home specified additional pieces of information; and

b.  Including:

 

1.  The witnessed signature of the applicant or the applicant's legal representative; and

 

2.  The date of signing;

 

(9)  Page 8, "consent to treatment, use of health care information, and receipt of privacy notice" (effective date 03/17/08), requiring:

 

a.  The initials of the applicant or the applicant's legal representative placed next to 3 preprinted statements entitled respectively "consent for care and treatment", "consent for use of health care information" and "acknowledgement of receipt of privacy notice;

 

b.  The signature of the applicant or the applicant's legal representative; and

 

c.  The date of signing;

 

(10)  Page 9, “New Hampshire veterans’ home security form" (effective date 07/16/18) requiring:

 

a.  Written information about any non-annulled conviction; 

 

b.  The witnessed signature of the applicant or the applicant's legal representative; and

 

c.  The date of signing; and

 

(11)  On the last page, un-numbered, a completed “Criminal History Record Information Release Authorization” from the department of safety (revised date 07/15/16) issued by the division of state police authorizing the release of the applicant's criminal record.

 

(c)  Applicants for residency or their legal representatives shall submit or arrange for the following documents to be submitted:

 

(1) The completed form which is page 5A of the application packet, entitled "state home program application for veteran care medical certification" (effective date 07/16/18);

 

(2) The completed form which is page 5B of the application packet, entitled "medical information for nhvh admission application" (effective date 03/17/18);

 

(3)  Original military documents showing:

 

a.  Entry into service;

 

b.  Discharge from service; and

 

c.  The type of discharge from service;

 

(4)  Photocopies of all cards issued to the applicant by providers of medical insurance, including Medicare;

 

(5)  Photocopies of the applicant's:

 

a.  Living will;

 

b.  Powers of attorney for health care or finances; and

 

c.  Any other documents addressing his or her advance directives;

 

(6)  Photocopies of any legal orders establishing a guardianship or conservatorship over the applicant;

 

(7)  The applicant's certified marriage certificate or certified divorce decree;

 

(8)  Documentation of all assets held at any time during the 12 months immediately prior to the date of application, including:

 

a.  Trust documents;

 

b.  Annuity documents;

 

c.  Deeds and related mortgage documents;

 

d.  Long term care insurance policies;

 

e.  Stock certificates and other evidence of investments; and

 

f.  Any other documents showing the applicant's ownership of assets; and

 

(9)  Documentation of all income received during the 12 months immediately prior to the date of application, including:

 

a.  Photocopies of checks in payment of:

 

1.  Social security;

 

2.  Disability insurance;

 

3.  Railroad retirement;

 

4.  Military retirement;

 

5.  Pensions;

 

6.  Salary or compensation;

 

7.  Rents charged by the applicant;

 

8.  Interest on the applicant's investments; and

 

9.  Any other periodic payment;

 

b.  Statements issued in connection with the payments listed in a. above; or

 

c.  Bank statements showing direct deposit of the payments listed in a. above.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

        Ve-H 306.02  Role of the Home in Cases of Disagreements Relating to Admission, Residency, or Treatment.

 

(a)  The home shall follow the directions of the legal representative of an applicant for admission or a resident regarding admission, residency, and treatment, provided that the legal representative has the authority to issue the directions.

 

(b)  The home shall not mediate disagreements relating to admission, residency, or treatment when there are such disagreements among an applicant's or resident's family members, friends, or other interested parties.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 306.03  Effect of Signature on Page One-A of the Application.  The witnessed signature on page one-A of the application shall constitute the applicant's verification that the information entered on pages one and one-A is true to the best of the applicant's knowledge and belief.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 306.04  Effect of Witnessed signature on Page 4 of the Application.  The witnessed signature on page 4 of the application shall have the effect of:

 

(a)  Stating the applicant's understanding that the home is owned and operated by the state and subject to the rules of the state;

 

(b) Giving the applicant's permission for the home to provide needed information, including the applicant's spouse's income and social security number, to the department of veterans’ affairs;

 

(c) Giving the applicant's promise to abide by the rules and regulations established by the commandant, the board of managers, and the state;

 

(d)  Confirming that:

 

(1)  The assets are accurately stated; and

 

(2) The applicant has not transferred any assets within the 12-month period prior to the application for the sole purpose of complying with eligibility requirements;

 

(e)  Certifying that there are no willful misrepresentations and the applicant's understanding that, if an investigation discloses any such misrepresentations, the applicant's admission may be denied or, if the applicant is already a resident, the applicant may be discharged;

 

(f)  Giving the applicant's promise that he or she will provide proof of assets and income during the admission process and thereafter when requested by the business office for the determination of monthly cost of care;

 

(g)  Giving the applicant's promise to accept transfer to another facility if the home does not have the resources to care for the applicant and the transfer is recommended by the medical director of the home;

 

(h) Confirming that the applicant has read, or has had read to him or her, the information in the application form and application instructions;

 

(i) Giving the applicant's assurance that the information given on the application form is true and correct to the best of the applicant's knowledge and belief; and

 

(j) Acknowledging that the home reserves the right to request updated information regarding the applicant's application for residency.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 306.05  Effect of Witnessed Signature on Page 6 of the Application.  The witnessed signature on page 6 of the application shall have the effect of:

 

(a)  Confirming that the signer gives his or her permission for the medical providers and institutions indicated to:

 

(1)  Furnish to the home a copy of the applicant’s medical record;

 

(2)  Allow the home to review the medical record; and

 

(3)  Furnish to the home specified additional pieces of information;

 

(b)  Confirming that the permission is for the specific purpose of consideration for admission to the home, and, if the applicant is admitted, for the specific purpose of continued care;

 

(c)  Confirming that the information is confidential shall be used only for the purposes stated, and shall not be re-released;

 

(d)  Requesting that the permission given by the applicant become invalid one year from the date of his or her signature; and

 

(e)  Confirming the applicant’s understanding that his or her permission is subject to revocation at any time unless action on the permission has already begun in good faith.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 306.06  Effect of Signature on Page 8 of the Application.

 

(a)  The signature on page 8 of the application shall, when combined with the first set of initials, have the effect of:

 

(1)  Authorizing the home and those involved in the provision of services on its behalf to:

 

a.  Examine the applicant;

 

b.  Secure appropriate information about the applicant; and

 

c.  Perform routine appropriate treatment;

 

(2)  Confirming the applicant’s understanding that a responsible person will explain the benefits and risks of any particular treatment; and

 

(3)  Confirming the applicant’s understanding that he or she will have the right to refuse any proposed treatment.

 

(b)  The signature on page 8 of the application shall, when combined with the second set of initials, have the effect of:

 

(1)  Confirming the applicant understands that:

 

a.  The home will use his or her healthcare information for purposes of treatment and other lawful functions, including securing payment and other usual healthcare operations;

 

b.  Such information may be available to persons working on behalf of the home, who will be subject to the same duty of confidentiality with respect to the information as is the home; and

 

c.  His or her specific authorization shall be required for the home, if it holds such information, to disclose to others certain sensitive information related to his or her health care, such as:

 

1.  Records covered by federal law governing confidentiality of alcohol or drug abuse treatment programs;

 

2.  Records covered by state rules governing the rights of recipients of mental health services; and

 

3.  Records concerning the diagnosis or treatment for HIV infections;

 

(2)  Consenting to the home's use of the information described in (b)(1)c. above for the purpose of his or her evaluation and treatment; and

 

(3)  Confirming the applicant’s understanding that he or she may refuse the sharing by the home of such information, but refusal may result in improper diagnosis or treatment or other adverse consequences.

 

(c)  The signature on page 8 of the application shall, when combined with the third set of initials, have the effect of:

 

(1)  Acknowledging receipt of the notice of privacy practice for protected health information; and

 

(2) Confirming the applicant’s understanding that the notice contains important information about how his or her medical information may be used, disclosed, and accessed by the applicant.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 306.07  Effect of Signature on Page 9 of the Application.  The witnessed signature on page 9 of the application shall have the effect of certifying that:

 

(a)  Any description placed by the applicant on page 9 of his or her non-annulled conviction of a crime is accurate; and

 

(b)  The failure of the applicant to place such a description on page 9 signifies that the applicant has no non-annulled conviction of a crime.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

 

Ve-H 306.08  Effect of Signature on Page 10 of the Application.  The signature on the last and un-numbered page of the application shall have the effect of:

 

(a)  Certifying that the applicant is the individual described by the name, address and other identifying information entered on the page; and

 

(b)  Confirming that the applicant authorizes the division of state police to furnish his or her criminal record to the home for the purpose of admission to the home.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 306.09  Actions Taken on Applications for Residency.

 

(a)  If the admissions committee determines that the information in the application packet is insufficient to determine eligibility for residency, the admissions committee shall inform the applicant in writing of the following:

 

(1) The fact that sufficient information to determine eligibility has not been provided or obtained;

 

(2)  The specific additional information which is needed; and

 

(3)  The right of the applicant to resubmit the application at any time.

 

(b)  If the admissions committee determines that the applicant does not meet one or more of the eligibility requirements for residency, the commandant shall so inform the applicant in writing.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

PART Ve-H 307  PROCEDURES FOR THE REVIEW OF DETERMINATIONS OF INELIGIBILITY FOR RESIDENCY

 

Ve-H 307.01  Request for Review of  Determination of Ineligibility for Residency.

 

(a)  An applicant for residency or an applicant's legal representative wishing to challenge the home's determination of ineligibility for residency shall request a review of the determination in a letter:

 

(1)  Addressed to the admissions coordinator; and

 

(2)  Mailed or delivered within 14 calendar days of receipt of the notice of ineligibility.

 

(b)  Upon receipt of such a request for review, the admissions coordinator shall contact the applicant or the applicant's legal representative to:

 

(1)  Determine whether all the information relevant to eligibility has been provided to the home;

 

(2)  Clarify the applicant's or the legal representative's basis for seeking the review; and

 

(3) If necessary, assist the applicant or the applicant's legal representative to obtain any additional information needed to review the application file and reconsider the determination of ineligibility.

 

(c) The admissions coordinator shall make a report to the commandant regarding eligibility for residency, including:

 

(1)  The admission coordinator's findings with regard to such eligibility; and

 

(2)  Any documentation necessary to support the findings.

 

(d)  Thereafter the commandant shall:

 

(1) Applying the rules in Ve-H 302, make the final administrative determination regarding eligibility for residency;

 

(2)  Issue the determination within 120 calendar days of receipt of the request for review in a letter sent by certified mail, return receipt requested; and

 

(3)  Include in any letter stating a determination of ineligibility the information that the applicant or the applicant's legal representative has the right to challenge that determination by:

 

a.  Requesting an adjudicative proceeding held pursuant to Ve-H 205 through Ve-H 216; and

 

b.  Making the request by certified mail, return receipt requested, within 21 calendar days of receiving the commandant's letter.

 

Source.  #12712, eff 1-15-19

 

CHAPTER Ve-H 400  TRANSFER AND DISCHARGE FROM THE HOME

 

PART Ve-H 401  DEFINITIONS

 

Ve-H 401.01  Definitions.  The following terms shall have the following meanings:

 

(a)  "Home" means the New Hampshire veterans’ home;

 

(b)  "Legal representative" means any person designated in the manner required by law to act on behalf of the applicant for residency or resident, including:

 

(1)  A guardian;

 

(2)  A conservator; and

 

(3)  A person acting pursuant to an applicable power of attorney;

 

(c)  "Therapeutic leave" means leave from the home taken by a resident in accordance with his or her plan of care; and

 

(d)  "Transfer" means discharge of a resident directly to another facility providing medical care, long term care, custodial care, or any other kind of care related to the needs of the resident.

 

Source.  #1207, eff 7-25-78; ss by #1979, eff 3-15-82; ss by #2617, eff 2-10-84, EXPIRED: 2-10-90

 

New.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

PART Ve-H 402  DISCHARGE

 

Ve-H 402.01  Transfer or Discharge at the Request of the Resident.

 

(a)  The home shall honor a request for transfer or discharge made by the resident or the resident's legal representative with the authority to make such a request, whether or not such transfer or discharge is against medical advice.

 

(b)  If the requested transfer or discharge does not take place on the first day of the month, financial responsibility for the month's room and board charges shall be prorated to the date of actual discharge.

 

(c)  Upon requested transfer or discharge, the home shall return to the resident or the resident's legal representative:

 

(1)  The resident's personal property, including original documents belonging to the resident; and

 

(2)  The balance of the resident's account after all accrued charges have been paid and any check tendered in payment has cleared.

 

(d)  If, after the requested transfer or discharge, the resident or the resident's legal representative with authority to re-admit the resident wishes the resident to be re-admitted and the re-admission is not covered by the bed holding policies set forth in Ve-H 402.03, the resident or the legal representative shall:

 

(1)  Make a new application for admission in accordance with Ve-H 300; and

 

(2)  Pay in full any unpaid charges accrued during the previous residency.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 402.02  Transfer or Discharge at the Request of the Home.

 

(a)  The home shall not transfer or discharge a resident without the agreement of the resident or the resident's legal representative with the authority to agree unless:

 

(1)  The resident has knowingly misrepresented, during the admission application process, any fact material to the determination of eligibility in accordance with Ve-H 302.01;

 

(2) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the home;

 

(3) The transfer or discharge is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the home;

 

(4)  The safety of residents is endangered;

 

(5)  The health of residents would otherwise be endangered;

 

(6)  The resident has failed to pay accrued room and board charges after reasonable notice of the arrears; or

 

(7)  The home ceases to operate.

 

(b)  The home shall give the resident, any legal representative of the resident and any known family member of the resident, written notice of its intent to transfer or discharge the resident involuntarily, including in the notice:

 

(1)  The reason for the transfer or discharge;

 

(2)  The effective date of the transfer or discharge;

 

(3)  The location to which the resident is to be transferred or discharged;

 

(4)  The name, address, and telephone number of the long term care ombudsman;

 

(5)  The bed holding policies of the home and the period during which the resident is permitted to return without making a new application for admission; and

 

(6)  A brief description of the right to appeal the proposed transfer or discharge pursuant to Ve-H 205 through Ve-H 216.

 

(c)  Notice shall be given:

 

(1)  At least 30 calendar days before transfer or discharge for reasons stated in (a)(1), (a)(6) and (a)(7) above; and

 

(2)  As soon as practicable before the transfer or discharge for reasons stated in (a)(2), (a)(3), (a)(4), or (a)(5) above.

 

(d)  If, after transfer or discharge at the request of the home, the resident or the resident's legal representative with authority to re-admit the resident wishes the resident to be re-admitted and the re-admission is not covered by the bed holding policies set forth in Ve-H 402.03, the resident or the legal representative shall:

 

(1)  Make a new application for admission in accordance with Ve-H 300; and

 

(2)  Pay in full any unpaid charges accrued during the previous residency. 

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19

 

Ve-H 402.03  Absence from the Home and Bed Holding Policies.

 

(a)  A bed shall be held open for a resident absent from the home for:

 

(1)  At least 96 consecutive hours so long as the resident pays for his or her room and board in accordance with (b) or (c) below, as applicable; and

 

(2)  As long as 6 months or until needed for eligible applicants for residency or for other residents, so long as the resident pays room and board charges in accordance with (b) or (c), as applicable, below.

 

(b)  Room and board charges for residents absent from the home for therapeutic reasons or for hospitalization shall be room and board net of any per diem reimbursement by the federal government.

 

(c)  Room and board charges for residents absent from the home for reasons other than therapeutic or hospitalization shall be:

 

(1) For the first 96 consecutive hours of absence, room and board net of any per diem reimbursement by the federal government; and

 

(2) For longer periods, room and board and also the amount of the per diem reimbursement which the federal government ceased paying after the first 96 consecutive hours of absence.

 

Source.  #8953, eff 7-21-07, EXPIRED: 7-21-15

 

New.  #12564, INTERIM, eff 6-28-18, EXPIRED: 12-26-18

 

New.  #12712, eff 1-15-19


 

 

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

 

 

Ve-H 102.02

RSA 541-A:7

Ve-H 104

RSA 541-A:16, I(a)

 

 

Ve-H 201 and 202

RSA 541-A:7

Ve-H 201.01 – 202.06

RSA 119:5; RSA 541-A:16, I(b)

Ve-H 203

RSA 119:9

Ve-H 204

RSA 119:5

Ve-H 205.01

RSA 541-A:7

Ve-H 205.02

RSA 541-A:16, I(b)(2)

Ve-H 206

RSA 541-A:38

Ve-H 207.01

RSA 541-A:31, III; RSA 541-A:16, I(b)(2)

Ve-H 207.02

RSA 541-A:16, I(b)(2)

Ve-H 207.03

RSA 541-A:30-a, III(k)

Ve-H 207.04

RSA 541-A:30-a, III(b)

Ve-H 207.05

RSA 541-A:16, I(b)(2); RSA 541-A:31, V

Ve-H 207.06

RSA 541-A:31, VII

Ve-H 208

RSA 541-A:30-a, III(j)

Ve-H 209

RSA 541-A:30-a, III(f)

Ve-H 210

RSA 541-A:30-a, III(a)

Ve-H 211

RSA 541-A:16, I(b)(2)

Ve-H 212.01

RSA 541-A:32, I,  II and V

Ve-H 212.02

RSA 541-A:16, I(b)(2); RSA 541-A:32, III

Ve-H 212.03

RSA 541-A:30-a, III(g)

Ve-H 213

RSA 541-A:30-a, III(h)

Ve-H 214

RSA 541-A:16, I(b)(2)

Ve-H 215

RSA 541-A:30-a, III(c)

Ve-H 216.01 and Ve-H 216.02

RSA 541-A:16, I(b)(2)

Ve-H 216.03

RSA 541-A:30-a, III(d) and (e)

Ve-H 216.04

RSA 541-A:16, I(b)(2)

Ve-H 216.05(a)

RSA 541-A:33

Ve-H 216.05(b)-(g)

RSA 541-A:16, I(b)(2)

Ve-H 216.06

RSA 541-A:16, I(b)(2)

Ve-H 216.07

RSA 541-A:30-a, III(i)

Ve-H 216.08 and Ve-H 216.09(a) through (d)

RSA 541-A:16, I(b)(2)

Ve-H 216.09(e)

RSA 541-A:30-a, III(l)

Ve-H 216.10

RSA 541-A:16, I(b)(2)

Ve-H 217

RSA 541-A:16, I(c)

Ve-H 218

RSA 541-A:16, I(b)(3)

Ve-H 219

RSA 541-A:16, I(d)

Ve-H 220

RSA 541-A:11, VII

 

 

Ve-H 301

RSA 541-A:7

Ve-H 302.01(a)-(c)

RSA 119:1

Ve-H 302.01(d)-(f)

RSA 119:5; RSA 119.9

Ve-H 303-Ve-H 305

RSA 119:5; RSA 119.9

Ve-H 306.01

RSA 119:9

Ve-H 306.02

RSA 119:5

Ve-H 306.03-Ve-H 306.09

RSA 119:9

Ve-H 307.01

RSA 119:9

 

 

Ve-H 400

RSA 119:5