New Hampshire Code of Administrative Rules Omb - Office of the Ombudsman in the Department of Health and Human Services
**New Hampshire Code of Administrative Rules – OMB
Office of the Ombudsman, Department of Health and Human Services (DHHS)**
1. Overview
The Office of the Ombudsman (OMB) within the New Hampshire Department of Health and Human Services (DHHS) functions as an independent, neutral body responsible for receiving, investigating, and resolving complaints related to DHHS programs and services.
The administrative rules under OMB in the New Hampshire Code of Administrative Rules define:
The authority and responsibilities of the Ombudsman
The procedures for handling complaints
Confidentiality and protection for complainants
The relationship between OMB and DHHS divisions
2. Purpose of the OMB Rules
The OMB rules are designed to:
Protect the rights of individuals receiving DHHS services
Provide an accessible complaint resolution mechanism
Promote fairness, accountability, and transparency within DHHS
Improve service delivery and administrative practices
Prevent retaliation against complainants
3. Scope of Authority
The Office of the Ombudsman has jurisdiction over:
Programs administered by DHHS, including:
Public assistance programs
Behavioral health services
Child protection and welfare services
Developmental disability services
Long-term care and elder services
The Ombudsman may act on behalf of:
Individuals receiving DHHS services
Applicants for DHHS benefits
Family members or authorized representatives
Advocates acting with proper consent
4. Powers and Functions of the Ombudsman
(a) Complaint Intake
Accepts complaints orally or in writing
Complaints may involve:
Denial or delay of services
Improper treatment
Administrative errors
Rights violations
(b) Investigation
Reviews DHHS records relevant to the complaint
Interviews staff, complainants, and witnesses
Identifies procedural errors, policy violations, or systemic issues
(c) Resolution and Recommendations
Attempts informal resolution where possible
Issues findings and non-binding recommendations
Refers matters for formal administrative or legal action when necessary
5. Confidentiality
A core feature of OMB rules is strict confidentiality:
Identity of complainants is protected
Records obtained during investigations are kept confidential
Disclosure occurs only:
With written consent
When required by law
To prevent serious harm
6. Protection Against Retaliation
The rules prohibit:
Retaliation against individuals who file complaints
Discrimination or adverse treatment due to:
Contact with the Ombudsman
Cooperation with an investigation
Any retaliatory action may result in administrative consequences.
7. Limitations of Authority
The Ombudsman:
Does not replace formal appeals or court proceedings
Cannot overturn agency decisions directly
Cannot provide legal representation
Cannot investigate matters outside DHHS jurisdiction
8. Reporting and Accountability
The Ombudsman may issue periodic reports summarizing:
Types of complaints
Systemic issues
Recommendations for policy reform
Reports avoid disclosure of personal identifying information
Findings may be shared with DHHS leadership for corrective action
9. Relationship with DHHS Divisions
DHHS staff must cooperate with Ombudsman investigations
Divisions must:
Provide access to records
Respond to inquiries in a timely manner
The Ombudsman operates independently, even though housed within DHHS
10. Importance of OMB Rules
Ensures fair treatment of vulnerable populations
Strengthens administrative justice
Promotes trust in public welfare systems
Identifies systemic flaws and policy gaps
Enhances accountability without litigation
Summary Table – OMB Rules (New Hampshire)
| Feature | Description |
|---|---|
| Governing Authority | Office of the Ombudsman, DHHS |
| Primary Role | Complaint resolution and rights protection |
| Jurisdiction | DHHS programs and services |
| Powers | Investigate, recommend, mediate |
| Confidentiality | Strong protections for complainants |
| Retaliation | Strictly prohibited |
| Legal Authority | Non-binding recommendations |
| Reporting | Periodic systemic reports |
| Purpose | Fairness, accountability, service improvement |
Conclusion
The OMB rules in the New Hampshire Code of Administrative Rules establish a critical safeguard for individuals interacting with DHHS, ensuring fair treatment, transparency, and accountability. While not a court or appellate body, the Ombudsman plays a vital role in resolving disputes, protecting rights, and improving public administration.
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