1. (a) Participants shall receive a pamphlet published by the department that explains the participant’s rights under these rules in plain language and form, both verbally and in writing, on an annual basis and provide meaningful access to participants with limited English proficiency.

2. (b) The notification of rights required pursuant to (a) above shall include, at a minimum, the following measures:

   1. (1) Providers shall inform applicants for services of the applicant’s rights to evaluations and access to treatment and other services;
   2. (2) Providers shall provide meaningful and understandable information about rights to participants who have been adjudicated incapacitated as well as to the participant’s guardian or the participant’s legal representative;

   3. (3) Providers shall provide information outlining the process of how to file a grievance with:

      1. a. The department pursuant to He-E 310.09 below;
      2. b. Adult protective services for grievances involving abuse, neglect, exploitation, or self-neglect of a vulnerable adult;
      3. c. The long term ombudsman established pursuant to RSA 161-F:10 for grievances involving residential care facilities; or
      4. d. The department ombudsman’s office established pursuant to RSA 126-A:4, IV for civil rights issues;
   4. (4) Providers shall advise the participant, the participant’s guardians, or the participant’s legal representative of the participant’s rights upon initial participation in any service, upon any change in provider or community residence, and at least once a year after initial participation;

   5. (5) Every residential care facility and adult family care provider shall post a notice of the rights set forth in these rules, as follows:

      1. a. The notice shall be posted continuously and conspicuously; and
      2. b. The notice shall be presented in plain language and form; and
   6. (6) Each residential care facility and adult family care provider residence shall have on the premises complete copies of rules pertaining to rights of participants which are available for the participant, the participant’s guardian, the participant’s legal representative, and staff to review.
3. (c) Each provider shall provide participants meaningful time to review the participant’s rights and encourage the participant or the participant’s guardian, or the participant’s legal representative, to sign a statement acknowledging notification of the participant’s rights.

Source. #14058, eff 8-20-24