New Hampshire Revised Statutes 135-C:13 – Discrimination Prohibited; Eligibility for Services
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Terms Used In New Hampshire Revised Statutes 135-C:13
- Commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- Community mental health program: means a program established and administered by the state, city, town, or county, or a nonprofit corporation for the purpose of providing mental health services to the residents of the area and which minimally provides emergency, medical or psychiatric screening and evaluation, case management, and psychotherapy services. See New Hampshire Revised Statutes 135-C:2
- Department: means the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Receiving facility: means a treatment facility which is designated by the commissioner to accept for care, custody, and treatment persons involuntarily admitted to the state mental health services system. See New Hampshire Revised Statutes 135-C:2
- Severely mentally disabled: means having a mental illness which is either so acute or of such duration as to cause a substantial impairment of a person's ability to care for himself or to function normally in society in accordance with rules authorized by N. See New Hampshire Revised Statutes 135-C:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Treatment: means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. See New Hampshire Revised Statutes 135-C:2
Every severely mentally disabled person shall be eligible for admission to the state mental health services system, and no such person shall be denied services because of race, color or religion, sex, gender identity, or inability to pay. Admission to the state mental health services system and access to treatment and other services within the system shall be contingent upon the availability of appropriations. The community mental health program responsible for providing services shall conduct a clinical assessment of every applicant for services. The community mental health program shall prioritize delivery of services based on the severity of the individual’s clinical needs. Emergency services shall be provided as needed. Services shall not be denied to persons who are conditionally discharged from a receiving facility under N.H. Rev. Stat. § 135-C:50, or who are ordered to submit to treatment at a community mental health program under N.H. Rev. Stat. § 135-C:45. Eligible persons shall include formerly severely mentally disabled persons who without continued services would probably become severely mentally disabled again. Each client has a right to adequate and humane treatment provided in accordance with generally accepted clinical and professional standards. The treatment shall include such psychological, psychiatric, habilitative, rehabilitative, vocational and case management services which are necessary and appropriate to bring about an improvement, when possible, in the client’s condition and which are available within the state mental health services system. If necessary services are not available, each agency responsible for provision of such services shall notify the department of the need for them, and the department shall utilize such information for budgetary planning purposes. The treatment may include housing and such other services as the department may elect to provide to severely mentally disabled persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees for clients in the state system.