New Hampshire Code of Administrative Rules
Omb - Office of the Ombudsman in the Department of Health and Human Services
Chapter Omb 400 - OFFICE OF THE LONG-TERM CARE OMBUDSMAN
Part Omb 403 - COMPLAINT PROCESS
Section Omb 403.01 - Complaint Process

Universal Citation: NH Admin Rules Omb 403.01

Current through Register No. 40, October 3, 2024

(a) As authorized by RSA 161-F:10-19 the LTCO and LTCOR shall:

(1) Elicit, receive, identify, respond to, and resolve complaints;

(2) Investigate the complaints of residents or complainants;

(3) Document investigations in a case file related to each complaint;

(4) Document and investigate all complaints regarding facilities;

(5) Include all complaints in a statewide uniform complaint documentation system, designed, implemented, and maintained by OLTCO pursuant to RSA 161-F:17.

(b) Any resident, or complainant making a complaint on behalf of a resident, may report a complaint to the LTCO.

(c) Complaints may be anonymous, if requested.

(d) Complaints may be provided to the OTCO by:

Mail or delivery in-person to the following address:

Office of the Long-Term Care Ombudsman,

Brown Building, 129 Pleasant Street,

Concord, NH 03301;

Telephone to: (603) 271-4375 or 1(800) 442-5640; or

Fax: (603) 271-5574; or Email to OLTCO@dhhs.nh.gov.

(e) Identifying information of the resident or complainant shall not be shared during the complaint process unless the LTCOR receives:

(1) Oral or written informed consent from the resident, or the personal patient representative, or legal representative, if the resident is unable to provide informed consent to share or refer the resident's identifying information;

(2) Informed consent from the resident by means of a visual indication or through the use of auxiliary aids and services provided that the consent is documented contemporaneously in writing by the LTCOR;

(3) Oral or written informed consent from the complainant to share or refer his or her identifying information;

(4) A court order requiring disclosure of identifying information; or

(5) The LTCO determines there is reasonable cause to believe that disclosure of the personal identifying information of the resident is required due to circumstances set forth in Omb 404.01(e), Omb 404.02, Omb 405.01(g), or Omb 406.02a.(6).

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