1. (a) Participants shall have the right to adequate and humane service and treatment, including:

   1. (1) The right to quality services including services provided in accordance with licensing requirements and rules adopted by the department in He-P 800 and other applicable rules of state agencies and services provided in keeping with generally accepted clinical and professional standards;
   2. (2) The right to receive services in the participant’s community that will promote the participant’s full community participation;

   3. (3) The right to a person-centered planning process that:

      1. a. Is directed by the participant to the maximum extent possible;
      2. b. Is intended to identify the strengths, capacities, preferences, needs, and desired outcomes of the participant;
      3. c. Includes individuals freely chosen by the participants;
      4. d. Provides information and support to assist the participant to direct the process and to make informed choices and decisions;
      5. e. Reflects cultural considerations of the participant and is conducted in plain language and form and provides meaningful access to participants with limited English proficiency;
      6. f. Occurs at times and location of convenience to the participant;
      7. g. Includes strategies for solving conflict or disagreement within the process;
      8. h. Offers informed choices to the participant, the participant’s guardian, or legal representative, if applicable, regarding services and supports;
      9. i. Involves the family of the participant or other individuals the participant chooses in enabling and assisting the participant to identify and access a personalized mix of paid and non-paid services and supports that will assist the participant to achieve personally defined outcomes in the most integrated setting appropriate to the needs of the participant;
      10. j. Includes identification of the participant’s planning goals to achieve personal outcomes in collaboration with those whom the participant has identified;
      11. k. Results in a comprehensive care plan that identifies the strengths, capacities, preferences, and desired outcomes of the participant and other services the participant is to receive to achieve those outcomes; and
      12. l. Includes a method for the participant to request changes to the comprehensive care plan;
   4. (4) The right to a comprehensive care plan developed, reviewed, and revised in accordance with He-E 805;
   5. (5) The right to services in accordance with the time frame set in the comprehensive care plan;

   6. (6) The right to services in a setting that is:

      1. a. Based on the participant’s needs and preferences;
      2. b. Chosen by the participant, the participant’s guardian, or the participant’s legal representative from among options that are identified in the comprehensive care plan and include non-disability specific settings; and

      3. c. Integrated in, and supportive of full access of participants to, the greater community, including opportunities to:

         1. 1. Seek employment and work in competitive integrated settings;
         2. 2. Engage in community life;
         3. 3. Control schedules and activities;
         4. 4. Control personal resources; and
         5. 5. Live in a private unit in a residential setting, based on personal resources available for room and board;
   7. (7) The right to be informed of all significant risks, benefits, and alternative services and to give consent to any service or referral following an informed decision;
   8. (8) The right to refuse any service;
   9. (9) The right to be fully informed of one's own diagnosis and prognosis by the participant’s health care provider;
   10. (10) The right to voluntary participation in services, as decided by the participant, the participant’s guardian, or the participant’s legal representative, including the right to seek changes in services or providers at any time or to withdraw from any form of service or from a provider;

   11. (11) The right to services which promote independence including services which shall be directed toward:

       1. a. Eliminating or reducing the participant’s need for continued services; and
       2. b. Promoting the ability of the participant to function at the participant’s highest capacity and as independently as possible;
   12. (12) The right to receive or to refuse medical care, medications, and treatment;
   13. (13) The right to consultation and second opinion at the participant’s own expense the consultative services of private physicians, psychologists, dentists, or other health practitioners;
   14. (14) The right to choose, or have the participant’s guardian or the participant’s legal representative choose, one or more person(s) to be present at any person-centered planning meeting or other service planning meeting;
   15. (15) The right to freedom from restraint except when allowed by RSA 151:21; and

   16. (16) The right to freely and privately communicate with others, including:

       1. a. The right to send and receive unopened and uncensored written and electronic correspondence;
       2. b. The right to have access to telephones and to be allowed to make and to receive telephone calls that do not interfere with other residents;
       3. c. The right to receive and to refuse to receive visitors; and
       4. d. The right to engage in social, recreational, and religious activities including the provision of regular opportunities for participants to engage in such activities.
2. (b) Individuals applying for CFI shall have the right to evaluation to determine an the individual’s eligibility for services and the type of services needed and to determine which provider agencies are most suited to provide the services needed.
3. (c) Providers shall, whenever possible, maximize the decision-making authority of the participant.

4. (d) Providers may restrict access by participants to various locations to:

   1. (1) Ensure the privacy or safety of participants; or
   2. (2) Comply with provisions of law and orders of court.
5. (e) These rules shall not require any prescribing practitioner to administer treatment contrary to such professional's clinical judgment.

Source. #14058, eff 8-20-24