2009 New Hampshire Statutes
TITLE XII — PUBLIC SAFETY AND WELFARE (Includes Chapters 153 - 174)
CHAPTER 161-J — ASSISTED LIVING RESIDENCES, INDEPENDENT LIVING RETIREMENT COMMUNITIES, AND HOUSING FOR OLDER PERSONS
Section 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) A hospital as defined in RSA 151-C:2, XX.
       (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, eff. Jan. 1, 2003. 2003, 114:3, eff. Jan. 1, 2004.