Durable Power of Attorney for Health Care - New Hampshire

Section 137-J:7
137-J:7 Inspection and Disclosure of Medical Information. – Subject to any limitations
set forth in the durable power of attorney for health care by the principal, an agent whose
authority is in effect may for the purpose of making health care decisions:
I. Request, review, and receive any information, oral or written, regarding the principal's
physical or mental health, including, but not limited to, medical and hospital records.
II. Execute any releases or other documents which may be required in order to obtain
such medical information.
III. Consent to the disclosure of such medical information.
Source. 1991, 146:2, eff. July 19, 1991.
Section 137-J:8
137-J:8 Action by Provider. –
I. A principal's health or residential care provider, and employees thereof, having
knowledge of the principal's durable power of attorney for health care, shall be bound to
follow the directives of the principal's designated agent to the extent they are consistent
with this chapter and the durable power of attorney for health care.
II. When the direction of an agent requires an act or omission contrary to the moral or
ethical principles or other standards of a health or residential care provider of which the
principal is a patient or resident, the care p rovider shall allow for the transfer of the
patient to another facility and shall incur no liability f or its refusal to carry out the ter ms
of the direction by the agent, provided that the health or residential care provider shall
inform the agent of its decision not to participate in such an act or omission.
Source. 1991, 146:2, eff. July 19, 1991.
Section 137-J:9
137-J:9 Freedom From Influence. – No health care provider or residential care provider,
and no health care service plan, insurer issuing disability insurance, self-insured
employee welfare benefit plan, or nonprofit hospital service plan shall charge a person a
different rate because of the existence or non-existence of a durable power of attorney for
health care or require any person to execute a durable power of attorney for health care as
a condition of admission to a hospital, nursing home, or residential care home, or as a
condition of being insured for, or receiving health or residential care. Health or
residential care shall not be refused because a person has executed a durable power of
attorney for health care.
Source. 1991, 146:2, eff. July 19, 1991.
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