- (a) Participants and applicants shall be treated with dignity and respect at all times.
- (b) Participants shall be free from abuse, neglect, and exploitation including, at a minimum, personal or financial exploitation.
- (c) Participants shall have the right to privacy.
- (d) Participants shall have the right to be free from coercion.
- (e) Any participant who uses or has used CFI provider services shall have the right to confidentiality of all information and records.
(f) Access to records shall be as follows:
- (1) Information pertaining to a participant shall be released to the participant and the participant’s guardian or the participant’s legal representative upon request including all information provided by third parties;
(2) Information shall be released to any person or organization that has obtained the written
consent of the participant, the participant’s guardian, or the participant’s legal representative;
- (3) In cases where a participant, the participant’s guardian, or the participant’s legal representative of the participant requests copies of the record, such copies shall be made available free of charge; and
- (4) Information regarding the medical treatment of a participant shall be released to law enforcement officials or health facility personnel if necessary to address an emergency situation involving danger to the participant's health or safety, but only specific information necessary to the relief of the emergency may be released without the participant's, the participant’s guardian, or the participant’s legal representative’s consent.
(g) In accordance with RSA 329:31, RSA 329-B:29, and RSA 330-A:35, when a participant has made a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property, the following shall be obligated to make reasonable efforts to disclose the threat to the third party or law enforcement officials:
- (1) Physicians licensed pursuant to RSA 329;
- (2) Psychologists licensed pursuant to RSA 329-B; and
- (3) Persons licensed pursuant to RSA 330-A and those who work under the supervision of the mental health practitioner.
- (h) Participants, the participant’s guardian, and the participant’s legal representative shall have the right to complain about any alleged violation of a right afforded by these rules or by any state or federal law or rule, or any other matter.
(i) Any person shall have the right to complain or bring a grievance on behalf of a participant or a group of participants to:
- (1) The department pursuant to He-E 310.09 below;
- (2) Adult protective services for grievances involving abuse, neglect, exploitation, or self-neglect of a vulnerable adult;
- (3) The long term ombudsman established pursuant to RSA 161-F:10 for grievances involving residential care facilities; and
- (4) The department’s ombudsman’s office established pursuant to RSA 126-A:4, IV for civil rights issues.
Source. #14058, eff 8-20-24