New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 161:4 (2026)
Duties of the Commissioner
✓ current as of May 2026
Find cases:
SyfertCases citing this section
NH-GCgc.nh.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
161:4 Duties of the Commissioner. –
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 public assistance, old age assistance, 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 division of risk and benefits, 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. [Repealed.]
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 public assistance, old age assistance, 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 division of risk and benefits, 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. [Repealed.]
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; 310:11. 2006, 70:6. 2010, 136:2, eff. Aug. 13, 2010. 2018, 335:4, III, eff. June 25, 2018. 2019, 346:19, eff. July 1, 2019.
Notes of Decisions
Cited in 11
cases, 1974–2016 · leading case: Maxi Drug North, Inc. v. Comm'r, New Hampshire Dep't of Health & Human Servs., 907 A.2d 974 (N.H. 2006).
Maxi Drug North, Inc. v. Comm'r, New Hampshire Dep't of Health & Human Servs., 907 A.2d 974 (N.H. 2006). “RSA 161:4, I (2002); RSA 161:2, VI (Supp.”
Bel Air Assocs. v. New Hampshire Dep't of Health & Human Servs., 910 A.2d 1232 (N.H. 2006). “The petitioner argues that RSA 161:4, VI (2002), which authorizes DHHS to “establish rates of reimbursement to providers of medical services under the medical assistance program,” provides the authority to implement these changes to the State plan.”
State v. Robert H. ____, 393 A.2d 1387 (N.H. 1978). “Regulations issued by the division of welfare pursuant to RSA 161:4 provide that: In termination petitions originated by the Division, the social worker has a particular responsibility to prove the grounds of termination and to ensure that every effort has been made to enable…”
Appeal of Huff, 910 A.2d 1287 (N.H. 2006). “04(b)(10), stating, “Given the restriction found in RSA 161:4, IV, the undersigned cannot decide the matter in violation of that rule.”
In re Adam M., 802 A.2d 1218 (N.H. 2002). “See RSA 161:4, V (2002) (mandating that “[t]here 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”); RSA 169-C:24-a, 1(a) (Supp.”
Bel Air Assocs. v. New Hampshire Dep't of Health & Human Servs., 960 A.2d 707 (N.H. 2008). “See RSA 161:4, VI (2002). Under the program, nursing homes are reimbursed on the basis of per diem, per resident rates which are determined by totaling five rate components, including capital costs.”
Coe v. Hooker, 406 F. Supp. 1072 (D.N.H. 1976). “New Hampshire’s regulations have at all times relevant to this suit “provided for Medicaid benefits for full-term deliveries and other pregnancy related medical care.”
In Re Jessica B., 429 A.2d 320 (N.H. 1981). “_had expressed a strong desire to keep his children, that he was unable to alleviate the conditions which led to the initial finding of neglect, *295 and on the department of welfare’s own regulations promulgated pursuant to RSA 161:4. State v. Robert H. _, supra at 718-19 , 393…”
Clark v. N.H. Dep't of Health & Welfare, 315 A.2d 187 (N.H. 1974). “1973), VI and VIII, and RSA 161:4 (Supp. 1973). Such discretion as may be vested in him under these provisions, however, must be governed by essential standards which establish limitations upon his delegated authority.”
Rau v. New Hampshire Div. of Welfare, 335 A.2d 657 (N.H. 1975). “That is, the division must serve with the same staff two legislative masters, one being the need to maintain statutorily pre *159 scribed social services and the other to maintain their fiscal integrity in order to receive federal welfare funds.”
Petition of Judith Tompson (N.H. 2016). “See RSA 161:4, IV (2014) (“The decision of the [hearings] officer shall not be contrary to rules adopted by the department of health and human services pursuant to RSA 541-A.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.