Section 161:4 Duties of the Commissioner. - New Hampshire Statutes

   I. Supervision. It shall be the duty of the commissioner of the department of health and human services to supervise and direct the department so that its duties herein defined be effectuated and take action necessary or desirable to carry out the provisions of this chapter or RSA 167.
   II. Personnel Standards. Based upon the number of applicants and recipients in the localities, the commissioner of health and human services shall determine the number of employees necessary for the administration of old age assistance, aid to dependent children, and aid to the needy blind in all administrative units, state, county, and town, subject to the regulations of the director of personnel.
   III. Liability Insurance. The commissioner of the department of health and human services or designee shall have the authority, after consultation with the insurance department and the risk management unit, and in accordance with the procedures established by the commissioner of administrative services under RSA 21-I:7-c, V, to purchase personal liability coverage for individuals providing care to adults receiving assistance from the department of health and human services who reside in certified residential care facilities. The amount and nature of this insurance coverage may vary in the discretion of the commissioner of administrative services.
   IV. Hearings Officer. The commissioner may, in accordance with the rules adopted by the director of personnel pursuant to RSA 541-A, appoint a hearings officer or hearings officers, as necessary, to preside over such hearings as are required to comply with federal and state statutes and federal or state rules or regulations. The decision of the officer shall not be contrary to rules adopted by the department of health and human services pursuant to RSA 541-A. The officer's decision shall be binding on all parties unless such decision is overturned on appeal.
   V. There shall be no more than 60 percent of the total number of children in the custody of the department living in foster care for more than 24 months. The commissioner of the department of health and human services may adopt rules, pursuant to RSA 541-A, setting a lower limit on the total number of children living in foster care.
   VI. Medical Assistance Program.
      (a) The commissioner of health and human services shall establish rates of reimbursement to providers of medical services under the medical assistance program administered under this chapter and RSA 167. Publication of rates of reimbursement shall be exempt from the provisions of RSA 541-A.
      (b) The commissioner of health and human services shall have the authority to reorganize rules of the medical assistance program under chapter He-W 500 of the department's administrative rules to conform to the requirements of the uniform system of drafting and numbering adopted by the director of legislative services. Changes shall be limited to title, chapter, part, section and subsection designations and numbers and shall be made subject to review by the director of legislative services for compliance with the uniform system of numbering and drafting. Such reorganized rules shall become effective when notice of these changes is published by the director of legislative services in the rulemaking register. Changes shall be submitted by the commissioner of health and human services for review by the director of legislative services before January 1, 1994. Changes authorized under this section shall not affect the adoption or expiration date of rules reorganized under this section.
   VII. The commissioner shall nominate a person duly qualified by training and experience for appointment by the governor and council to serve as the state senior physician, department of health and human services, who shall receive a salary in accordance with RSA 94:1-a. Upon appointment, the senior physician shall serve for a term of 4 years. Any vacancy shall be filled for the full 4-year term in the same manner as the original appointment. The provisions of RSA 21:33-a shall not apply to appointments made under this paragraph.

Source. PL 108:7. 1937, 202:3, 6. 1939, 8:5. 1941, 107:2; 125:1. RL 126:3, 6. RSA 161:4. 1965, 352:11. 1970, 34:13. 1977, 340:4. 1979, 226:1; 464:1. 1981, 174:1. 1983, 242:1; 291:1, II. 1986, 12:4. 1988, 289:2. 1991, 127:1. 1993, 151:1. 1994, 403:4. 1995, 294:1, eff. August 20, 1995; 310:11, eff. Nov. 1, 1995. 2006, 70:6, eff. June 24, 2006.