ASSISTED LIVING RESIDENCES, INDEPENDENT LIVING RETIREMENT COMMUNITIES, AND HOUSING FOR OLDER PERSONS

RSA tit. XII, ch. 161-J

in effect

RSA 161-J:1 Purpose.

161-J:1. Purpose. The purpose of this chapter is to establish standards for the uniform disclosure of information to consumers of costs and services provided by assisted living residences, independent living retirement communities, and housing for older persons, as well as rules and policies governing advance payments, rate increases, termination of agreements and the rights and responsibilities of residents, to enable consumers to make informed choices and comparisons. Source. 2002, 192:1. 2003, 114:2, eff. Jan. 1, 2004.

RSA 161-J:2 Definitions.

161-J:2. Definitions. In this chapter: I. "Adult" means a person 18 years of age or older. II. "Assisted living residence" means any entity that provides housing and holds itself out, through marketing, advertising, or use of the term "assisted living" or a similar designation, as providing or arranging for personal assistance or any health-related or supportive service beyond room and board to one or more adults who are not related to the owner of the residence by blood or marriage. "Assisted living residence" shall not include: (a) A correctional facility. (b) A facility for the treatment of alcoholism or substance abuse. (c) An emergency shelter for homeless persons or victims of domestic or family violence. (d) Ahospitalwhich means an institution which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of such persons. The term "hospital" includes psychiatric and substance abuse treatment hospitals. (e) A hotel, motel, or recreational facility providing temporary overnight accommodations. (f) Any community living facility operating pursuant to RSA 126-A:19, provided that all of the residents of the facility have been placed there in accordance with RSA 126-A:19. III. "Housing for older persons" means housing which provides or holds itself out as providing on-site personal assistance services over and above service coordination which is: (a) Provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; or (b) Intended for, and solely occupied by, persons 62 years of age or older; or (c) Intended and operated for occupancy by at least one person 55 years or older per unit. III-a. "Independent living retirement community" means a facility, housing unit, or community, however designated, which is free-standing or part of a larger community, organization, or enterprise, that furnishes to senior citizens 55 years of age and older, on a contractual basis, housing and any additional on-site or off-site services. IV. "Personal assistance" means providing or assisting a resident in obtaining one or more of the following services: (a) Assistance with activities of daily living such as grooming, toileting, eating, dressing, getting into or out of a bed or chair, walking, or monitoring or supervision of medications. (b) Assistance with instrumental activities of daily living such as doing laundry, cleaning of living areas, food preparation, managing money and conducting business affairs, using public transportation, writing letters, obtaining appointments, using the telephone, or engaging in recreational or leisure activities. (c) Supportive services such as recreational and leisure activities, transportation, social services, legal services, financial management services, educational and vocational services, medical, dental, and other health care services, habilitation or rehabilitation services, respite services, case management, day care, or other services required to meet a resident's needs. (d) Monitoring a resident's activities to provide for the resident's and others' safety and well being. (e) The administration of medication by a person authorized to administer medication. (f) General supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain his or her residence in the facility or who needs assistance to manage his or her personal or financial affairs, regardless of whether a guardian has been appointed for the person. V. "Representative" means a guardian, conservator, attorney, agent or other person who is duly appointed or designated in the manner required by law to act on behalf of another person. VI. "Residence" means an assisted living residence or housing for older persons as defined in this chapter. VII. "Resident" means an adult who resides in an assisted living residence or housing for older persons as defined in this chapter. Source. 2002, 192:1. 2003, 114:3. 2012, 282:12, eff. June 30, 2015.

RSA 161-J:3 Applicability.

161-J:3. Applicability. This chapter shall apply to assisted living residences as defined in RSA 161-J:2, II, independent living retirement communities as defined in RSA 161-J:2, III-a, and housing for older persons as defined in RSA 161-J:2, III. This chapter shall not apply to continuing care communities as defined in RSA 420-D or condominiums as defined in RSA 356-B:3, V. Source. 2002, 192:1. 2003, 114:4, eff. Jan. 1, 2004.

RSA 161-J:4 Residential Services Agreement.

161-J:4. Residential Services Agreement. I. A person shall not begin residency in an assisted living residence, an independent living retirement community, or housing for older persons unless a representative of the residence and either the proposed resident or the proposed resident's representative reads and signs a residential services agreement that complies with the provisions of this chapter. Upon signing of the agreement, the residence shall give the resident and the resident's representative, if any, a copy of the agreement and place a copy in the resident's file. II. A residential services agreement shall: (a) Set forth the rates charged by the residence, including the base rate and the cost of any available services that are not included in the base rate. (b) Specifically describe the services and accommodations to be provided by the assisted living residence or housing for older persons, and identify which services are included in the base rate. (c) Specify the policies relative to rate increases or increases in the costs of services, including the period of advance notice that will be provided to residents of changes in rates or costs. (d) Set forth the policies and procedures for termination of the agreement. (e) State the amount and purpose of any advance payments required by the residence. (f) Set forth the residence's policy for refund of advance payments in the event of termination of the contract or death of the resident. (g) If the residence is licensed pursuant to RSA 151, provide notice of the resident's rights in the event of a temporary absence from the facility, in accordance with RSA 151:25, and the resident's rights in the event of a proposed transfer or discharge from the facility, in accordance with RSA 151:26. (h) Set forth the circumstances under which an eviction, discharge or transfer to another residence or facility may occur, including situations in which the resident's needs would exceed what the residence could provide, and the responsibility of the residence in transitioning the resident to another location. (i) Include or attach a copy of the rules or policies governing resident conduct and responsibilities and the procedures for handling resident grievances. (j) Include as a cover sheet a standard disclosure summary in the form set forth in RSA 161-J:5, using a minimum type size of 14 point. (k) Include a statement affirming that the proposed resident has received the residential services agreement and attached standard disclosure summary, that the resident has read it or it has been read to the resident and that the resident understands its contents. (l) Include any other disclosures or information required by RSA 151 or RSA 420-D, if applicable and any other provisions of state or federal law. III. A residential services agreement shall not require payment from a third party for any services included in the base rate. Nothing in this section shall prohibit an assisted living residence, independent retirement community, or housing for older persons from seeking payment from a resident's insurance. Nothing in this section shall prohibit a third party from agreeing to pay for additional items or services not included in the base rate, such as cable television. Nothing in this section shall prohibit a third party from agreeing to pay for upgrades to services included in the base rate, such as an additional fee for a private room instead of a shared room. Source. 2002, 192:1. 2003, 114:5, eff. Jan. 1, 2004. 2023, 145:6, eff. July 1, 2023.

RSA 161-J:5 Standard Disclosure Summary.

161-J:5. Standard Disclosure Summary. I. The standard disclosure summary, which shall accompany a residential services agreement, shall be in a form adopted by the commissioner of the department of health and human services by rule pursuant to RSA 541-A. II. A copy of the residential services agreement shall be given to prospective residents upon request and at least 24 hours prior to signing. Source. 2002, 192:1. 2003, 114:6, eff. Jan. 1, 2004.

RSA 161-J:6 Advance Payments and Security Deposits.

161-J:6. Advance Payments and Security Deposits. The residence shall establish a written policy for the refund of unused advance payments or security deposits in the event of termination of a residential services agreement or death of a resident which shall include the terms and conditions under which the advance payment money or security deposit may be withheld by the residence. Advance payments other than security deposits shall be subject to the terms and conditions contained in RSA 161-J:4, II. Security deposits shall be subject to the terms and conditions contained in RSA 540-A:6 and RSA 540-A:7. Source. 2002, 192:1. 2013, 61:1, eff. June 6, 2013.

RSA 161-J:7 Applicability of RSA 540 and 540-A.

161-J:7. Applicability of RSA 540 and 540-A. All provisions of RSA 540 and RSA 540-A shall apply to independent living retirement communities and housing for older persons where the residential premises, however designated, are leased or rented to the resident, unless otherwise provided by RSA 151 and RSA 420-D or other applicable law. Source. 2002, 192:1. 2003, 114:7. 2013, 61:2, eff. June 6, 2013.

RSA 161-J:7-a Applicability of RSA 161-M.

161-J:7-a. Applicability of RSA 161-M. All provisions of RSA 161-M shall apply to independent living retirement communities, defined in RSA 161-J:2, III-a, and housing for older persons, defined in RSA 161-J:2, III. Source. 2014, 203:3, eff. Jan. 1, 2015.

RSA 161-J:8 Enforcement.

161-J:8. Enforcement. In addition to other appropriate penalties, any violation of the provisions of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A. Any right, remedy or power set forth in RSA 358-A may be used to enforce the provisions of this chapter. Source. 2002, 192:1, eff. Jan. 1, 2003.

RSA 161-J:9 Use of Term "Assisted Living."

161-J:9. Use of Term "Assisted Living." The term "assisted living" may only be used in a title, brochure, admission agreement, or other written or promotional materials by an entity that is licensed pursuant to RSA 151. Source. 2003, 114:8, eff. Jan. 1, 2004.

RSA 161-J:10 Registration With Department of Justice.

161-J:10. Registration With Department of Justice. Any person, corporation, partnership, association or other entity operating an independent living retirement community in this state shall file an annual registration statement with the consumer protection bureau of the department of justice, with a copy to the department of health and human services, bureau of health facilities administration. The registration statement shall include the name and address of the independent living retirement community, the name and address of the registered agent if a corporation, and a complete description of the type of all available services. The independent living retirement community shall insure that the registration statement is available to all current and prospective residents of the community upon request. Source. 2003, 114:8, eff. Jan. 1, 2004.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-161-J.htmFetched: 10/20/2026