New Hampshire Revised Statutes 135-C:5 – Regulation of State Services; Site Visits
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I. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the requirements for services within the state mental health services system, which shall include those services operated or administered by the department or supported by funds granted by or provided under contract with the department. Such rules may include, but are not limited to, criteria for:
(a) Fee schedules to determine a client’s share of the total cost of his state supported mental health services.
(b) Rights of persons applying for or receiving services.
(c) Quality standards for services and treatment provided and quality assurance procedures.
(d) Fiscal controls and procedures.
(e) Data collection and reporting on services provided.
(f) The management of clinical records including the length of time such records shall be maintained after the termination of services.
II. The commissioner or designees may conduct site visits and may otherwise audit and monitor all aspects of the administration, fiscal operations, and services of the program providing the service to determine compliance with the rules authorized under N.H. Rev. Stat. § 135-C:61. Auditing and monitoring may include review of the individual records of persons with severe mental disabilities, persons who receive emergency services, and/or persons whose services are paid for, in whole or in part, by state funds or federal funds in the state mental health services system, notwithstanding the provisions of N.H. Rev. Stat. § 329:26, N.H. Rev. Stat. § 330-A:32, or any other law.
III. If evidence of misapplication of state funds or fraud is discovered by a person duly designated by the commissioner under N.H. Rev. Stat. § 135-C:5, II, the evidence shall be turned over to the attorney general for appropriate administrative, civil, or criminal action.
IV. Any person duly designated by the commissioner under N.H. Rev. Stat. § 135-C:5, II, who willfully discloses confidential information concerning a client in the mental health services system obtained as a result of auditing and monitoring activities authorized under this chapter, except as provided in this section, shall be guilty of a violation.
V. No disclosures of confidential information made by a program in connection with auditing and monitoring activities to a person duly designated by the commissioner under N.H. Rev. Stat. § 135-C:5, II, shall be grounds for civil or criminal liability on the part of the program.
(a) Fee schedules to determine a client’s share of the total cost of his state supported mental health services.
Terms Used In New Hampshire Revised Statutes 135-C:5
- Commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Treatment: means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. See New Hampshire Revised Statutes 135-C:2
(b) Rights of persons applying for or receiving services.
(c) Quality standards for services and treatment provided and quality assurance procedures.
(d) Fiscal controls and procedures.
(e) Data collection and reporting on services provided.
(f) The management of clinical records including the length of time such records shall be maintained after the termination of services.
II. The commissioner or designees may conduct site visits and may otherwise audit and monitor all aspects of the administration, fiscal operations, and services of the program providing the service to determine compliance with the rules authorized under N.H. Rev. Stat. § 135-C:61. Auditing and monitoring may include review of the individual records of persons with severe mental disabilities, persons who receive emergency services, and/or persons whose services are paid for, in whole or in part, by state funds or federal funds in the state mental health services system, notwithstanding the provisions of N.H. Rev. Stat. § 329:26, N.H. Rev. Stat. § 330-A:32, or any other law.
III. If evidence of misapplication of state funds or fraud is discovered by a person duly designated by the commissioner under N.H. Rev. Stat. § 135-C:5, II, the evidence shall be turned over to the attorney general for appropriate administrative, civil, or criminal action.
IV. Any person duly designated by the commissioner under N.H. Rev. Stat. § 135-C:5, II, who willfully discloses confidential information concerning a client in the mental health services system obtained as a result of auditing and monitoring activities authorized under this chapter, except as provided in this section, shall be guilty of a violation.
V. No disclosures of confidential information made by a program in connection with auditing and monitoring activities to a person duly designated by the commissioner under N.H. Rev. Stat. § 135-C:5, II, shall be grounds for civil or criminal liability on the part of the program.