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 404 - DISCLOSURE OF IDENTIFYING INFORMATION AND REFERRALS TO OTHER AGENCIES
Section Omb 404.04 - Referrals

Universal Citation: NH Admin Rules Omb 404.04

Current through Register No. 12, March 21, 2024

(a) Prior to referring a complaint, the OLTCO shall either obtain informed consent or determine that disclosure is necessary pursuant to RSA 161-F:14, Omb 404.01(e), Omb 405.01(g), or Omb 404.02. If the OLTCO cannot obtain informed consent or disclosure is not necessary, then it shall not refer complaints to other agencies.

(b) Due to its obligation to keep resident identifying information confidential under RSA 161-F:13, II, the OLTCO and its employees and volunteers shall only report abuse pursuant to RSA 161-F:46 by making a referral for one of the purposes listed in (c), below.

(c) If disclosure is permitted or necessary, the OLTCO shall refer complaints to any state or federal entity or agency for the purposes of:

(1) Regulatory oversight;

(2) Adult protective services;

(3) Access to administrative, legal, or other remedies; or

(4) Law enforcement action.

(d) The OLTCO shall provide residents, complainants, or residents' personal patient representatives or legal representatives with contact information and directions about how to file a complaint with the agencies or entities listed in (c) above.

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