420-D:7 Annual Reports. –
I. Annually, on or before May 1, a provider certified under this chapter shall submit a report to the commissioner relative to the financial condition of the facility together with any other information required by the commissioner. The commissioner may require more frequent reports of any provider or facility if he or she deems it necessary for proper review. If the provider uses an annual period other than a calendar year, he or she may apply to the commissioner for permission to file on another date which must be within 120 days of the close of this annual period. The commissioner shall approve such a request if the annual period used is prescribed by an appropriate federal agency and shall approve requests that are for the convenience of the provider if it is practicable to do so. A provider shall not change the final date of his or her annual period without prior written approval of the commissioner.
II. The report required under this section shall be in such form as the commissioner shall prescribe and shall include but not be limited to the following information:
(a) The most recent disclosure statement of the facility as required under RSA 420-D:4.
(b) An annual financial statement with an explanation of the differences between previous financial estimates and actual figures for the year.
(c) An estimated financial statement for the new fiscal year with an estimate in case of all major changes expected during the year. The commissioner shall adopt rules under RSA 541-A relative to the definition of major changes. Reports containing the information under this subparagraph shall not be distributed to residents unless prior approval has been obtained from the commissioner.
(d) Financial statements audited by an independent certified public accountant, which shall contain for 2 or more annual periods, at a minimum, the following information:
(1) A balance sheet.
(2) A statement of income and expenses.
(3) A statement of equity or fund balances.
(4) A statement of changes in financial position.
(5) The accountant's opinion.
(6) All notes to the financial statements considered customary or necessary to full disclosure and adequate understanding of the financial statements, the financial condition of the facility, and the operation.
(7) Such other reasonable data, financial statements, and pertinent information as the commissioner may by rule prescribe.
III. The annual statement shall be sworn to in writing by the principal officer or officers of the provider as follows:
(a) If an individual owner, by him;
(b) If a limited partnership, by the general partner;
(c) If a partnership, by all the partners;
(d) If an unincorporated association, by all its members or by all its officers and directors;
(e) If a trust, by all its trustees and officers; or
(f) If a corporation, by the president and the secretary.
IV. Notwithstanding paragraph II, the commissioner shall not prescribe by rule or otherwise require submission of an actuarial report from any facility which does not offer a contract in which all or part of the risk of uncertain future health care costs is borne by the facility and not the resident.
Source. 1988, 44:2. 2010, 144:8, eff. Jan. 1, 2011. 2016, 111:5, eff. May 20, 2016; 150:1, eff. July 26, 2016. 2019, 113:8, eff. Aug. 20, 2019.