New Hampshire Code of Administrative Rules He-P § 809.14

“Duties and responsibilities of all licensees under the division of public health services regulations”

A care plan of a home health care client must be made by an interdisciplinary team that is based on client’s health assessment.  The care plan must be reviewed and revised every three months by the interdisciplinary team or every six months if only personal care services are provided.  The care plan must be made available to all personnel that assist the client.

A home health care provider must report any unanticipated accidents, deaths, or unexplained absences of clients within three days to the Department of Health and Human Services. A home health care provider must report all positive tuberculosis test results for personnel.

A home health care provider must maintain client records and make them available to the Department of Health and Human Services during an inspection or investigation.  A home health care provider must not falsify any documentation or provide false or misleading information to the Department of Health and Human Services.

A home health care provider must keep client records for a minimum of four years after discharge. A home health care provider must develop policies regarding the release of information from client records.  Clients or clients’ representatives must have access to have their records.  Paper and electronic backup files of client records must be stored in the primary or branch office of a home health care provider.  Paper records must be safeguarded against loss, damage or unauthorized use by being stored in locked containers, cabinets, rooms or closets.

A home health care provider maintaining electronic records must develop a system were to protect the privacy of clients and staff including procedures for backing up files to prevent deletion, safeguards to ensure the confidentiality of information on clients and staff, and systems to prevent the tampering of information on clients and staff. 

Home health care providers must have written policies setting forth the rights and responsibilities of clients, a copy of which must be posted in a public area.  A copy of the statute addressing home care clients’ rights must also be posted in a public area.  A home health care provider must consider all clients to be competent and capable of making all health care decisions unless the client has a guardian appointed by a court or has a durable power of attorney for health care.  A client’s care plan and discharge plan must be developed with the input of the client or the client’s legal representative.

Home health care providers must monitor the quality of care and service provided to clients on an ongoing basis.  A copy of a home health care provider’s complaint procedures and inspection reports must be posted in a public area. Home health care providers must allow the Department of Health and Human Services to inspect its programs and services.