New Hampshire Revised Statutes 420-D:7 – Annual Reports
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I. Annually, on or before May 1, a provider certified under this chapter shall submit a report to the commissioner relative to the financial condition of the facility together with any other information required by the commissioner. The commissioner may require more frequent reports of any provider or facility if he or she deems it necessary for proper review. If the provider uses an annual period other than a calendar year, he or she may apply to the commissioner for permission to file on another date which must be within 120 days of the close of this annual period. The commissioner shall approve such a request if the annual period used is prescribed by an appropriate federal agency and shall approve requests that are for the convenience of the provider if it is practicable to do so. A provider shall not change the final date of his or her annual period without prior written approval of the commissioner.
II. The report required under this section shall be in such form as the commissioner shall prescribe and shall include but not be limited to the following information:
(a) The most recent disclosure statement of the facility as required under N.H. Rev. Stat. § 420-D:4.
(b) An annual financial statement with an explanation of the differences between previous financial estimates and actual figures for the year.
(c) An estimated financial statement for the new fiscal year with an estimate in case of all major changes expected during the year. The commissioner shall adopt rules under N.H. Rev. Stat. Chapter 541-A relative to the definition of major changes. Reports containing the information under this subparagraph shall not be distributed to residents unless prior approval has been obtained from the commissioner.
(d) Financial statements audited by an independent certified public accountant, which shall contain for 2 or more annual periods, at a minimum, the following information:
(1) A balance sheet.
(2) A statement of income and expenses.
(3) A statement of equity or fund balances.
(4) A statement of changes in financial position.
(5) The accountant’s opinion.
(6) All notes to the financial statements considered customary or necessary to full disclosure and adequate understanding of the financial statements, the financial condition of the facility, and the operation.
(7) Such other reasonable data, financial statements, and pertinent information as the commissioner may by rule prescribe.
III. The annual statement shall be sworn to in writing by the principal officer or officers of the provider as follows:
(a) If an individual owner, by him;
(b) If a limited partnership, by the general partner;
(c) If a partnership, by all the partners;
(d) If an unincorporated association, by all its members or by all its officers and directors;
(e) If a trust, by all its trustees and officers; or
(f) If a corporation, by the president and the secretary.
IV. Notwithstanding paragraph II, the commissioner shall not prescribe by rule or otherwise require submission of an actuarial report from any facility which does not offer a contract in which all or part of the risk of uncertain future health care costs is borne by the facility and not the resident.
II. The report required under this section shall be in such form as the commissioner shall prescribe and shall include but not be limited to the following information:
Terms Used In New Hampshire Revised Statutes 420-D:7
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
(a) The most recent disclosure statement of the facility as required under N.H. Rev. Stat. § 420-D:4.
(b) An annual financial statement with an explanation of the differences between previous financial estimates and actual figures for the year.
(c) An estimated financial statement for the new fiscal year with an estimate in case of all major changes expected during the year. The commissioner shall adopt rules under N.H. Rev. Stat. Chapter 541-A relative to the definition of major changes. Reports containing the information under this subparagraph shall not be distributed to residents unless prior approval has been obtained from the commissioner.
(d) Financial statements audited by an independent certified public accountant, which shall contain for 2 or more annual periods, at a minimum, the following information:
(1) A balance sheet.
(2) A statement of income and expenses.
(3) A statement of equity or fund balances.
(4) A statement of changes in financial position.
(5) The accountant’s opinion.
(6) All notes to the financial statements considered customary or necessary to full disclosure and adequate understanding of the financial statements, the financial condition of the facility, and the operation.
(7) Such other reasonable data, financial statements, and pertinent information as the commissioner may by rule prescribe.
III. The annual statement shall be sworn to in writing by the principal officer or officers of the provider as follows:
(a) If an individual owner, by him;
(b) If a limited partnership, by the general partner;
(c) If a partnership, by all the partners;
(d) If an unincorporated association, by all its members or by all its officers and directors;
(e) If a trust, by all its trustees and officers; or
(f) If a corporation, by the president and the secretary.
IV. Notwithstanding paragraph II, the commissioner shall not prescribe by rule or otherwise require submission of an actuarial report from any facility which does not offer a contract in which all or part of the risk of uncertain future health care costs is borne by the facility and not the resident.