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
(b) The purpose of the
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
Source. #6058,
eff 7-11-95; ss by #8950, eff 7-21-07
Ve-H
102.03 "Home" means the
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:
139 Winter Street
(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
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,
(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
(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
(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
(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
(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 |