Department of Health and Human Services Former Div. of Mental Health & Developmental Services Docket He-M 305 Proposed Rule

nh-2026-214: Personal Safety Emergencies

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Summary

Readopt w/Amendment

The agency’s own summary, as published.

The rule, in full

706 words as published, October 15, 2026. View the original →

STATE OF NEW HAMPSHIRE OFFICE OF LEGISLATIVE SERVICES ADMINISTRATIVE RULES STATE HOUSE ANNEX 25 CAPITOL STREET, ROOM 234 CONCORD, NH 03301 RulemakingNoticeForm Notice Number: 2026-214 Rule Number: He-M 305

1. Agency: Department of Health and Human Services

Former Div. of Mental Health & Developmental Services Agency Address: Department of Health and Human Services Administrative Rules Unit Brown Building, 2nd Floor 129 Pleasant St. Concord, NH 03301

6. (a) Summary of what the rule says and of any proposed amendments including

whether the rule implements a state statute for the first time: He-M 305 sets out the circumstances and mechanisms for implementing seclusion or restraint to ensure the immediate physical safety of the individual, staff, or others in New Hampshire Hospital, Glencliff Home, Hampstead Hospital, or other designated receiving facilities. The Department of Health and Human services proposes to readopt with amendment He-M 305. The proposed changes include: • Editing to better align with Centers for Medicare and Medicaid Services (CMS) regulations and for clarity; • Removing the appeal language from He-M 305.08 for accuracy and clarity since an appeal would occur after the complaint processunder He-M 204, as referenced, and is provided for in He-M 204.12; and ADMINISTRATIVE RULES (603) 271-3680 Generated on 10/02/2026 • Removing gender pronouns and other editorial changes for readability. He-M 305.01, He-M 305.03, He-M 305.04, and He-M 305.06 through He-M 305.09 are set to expire December 28, 2026, but are subject to extension pursuant to RSA 541-A:14-a. _ Does this rule implement a state statute for the first time? He-M 305 does not implement a state statute for the first time. 6. (b) Brief description of the groups affected: He-M 305 affects the patients and staff at New Hampshire Hospital, Glencliff Hospital, Hampstead Hospital, or other designated receiving facilities. 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: RULE SPECIFIC STATE OR FEDERAL STATUTE OR REGULATIONS THE RULE IMPLEMENTS He-M 305.01 42 CFR 482.13(e); RSA 135-C:57, V He-M 305.02 42 CFR 482.13(e)(1); RSA 135-C:2; RSA 126-U:1 He-M 305.03 42 CFR 482.13(e); RSA 135-C:57, V; RSA 126-U:2, 3, and 11 He-M 305.04 42 CFR 482.13(e)-(f)(1); RSA 135-C:57, V; RSA 126-U:4, 5, 5-a, 5-b, and 11 He-M 305.05 42 CFR 482.13(e)(1)(B); RSA 135-C:57, III-V He-M 305.06 42 CFR 482.13(e)(16); RSA 126-U:7 He-M 305.07 42 CFR 482.13(f) He-M 305.08 42 CFR 482.13(a)(2) He-M 305.09 42 CFR 482.13(g); RSA 126-U:7; RSA 126-U:10

7. Contact person for copies and questions including requests to accommodate

persons with disabilities: Name: Nicole Valanzola Title: Rules Coordinator Address: Department of Health and Human Services Administrative Rules Unit Phone Number: (603) 271-9640 Brown Building, 2nd Floor 129 Pleasant St. Concord, NH 03301 FAX Number: (603) 271-5590 Email: Nicole.Valanzola@dhhs.nh.gov ADMINISTRATIVE RULES (603) 271-3680 Generated on 10/02/2026

8. Deadline for submission of materials in writing or, if practicable for the agency, in

the electronic format specified: Friday, November 20, 2026 X Fax X Email _ Other

9. Public hearing scheduled for:

Date: Friday, November 13, 2026 Time: 10:30 AM Place: Dept. of Health and Human Services Brown Building, Auditorium 129 Pleasant St. Concord, NH 03301 Electronic Access, if applicable: N/A

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant):

FIS #: 26:200, dated: Tuesday, September 22, 2026

1. Comparison of the costs of the proposed rule(s) to the existing rule(s):

There is no difference in cost when comparing the proposed rules to the existing rules.

2. Cite the Federal mandate. Identify the impact on state funds:

No federal mandate, no impact on state funds.

C. To independently owned businesses:

None. ADMINISTRATIVE RULES (603) 271-3680 Generated on 10/02/2026 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: Although the proposed rule modifies existing responsibilities, it does not mandate any fees, duties, or expenditures on the political subdivisions of the state, and therefore does not violate Part I, Article 28-a of the N.H. Constitution. ADMINISTRATIVE RULES (603) 271-3680 Generated on 10/02/2026

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