Adult Day Care in New Hampshire

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Adult Day Care in New Hampshire

In short: One state license (He-P 818) covers every adult day program; staffing is about 1 per 8 participants; Medicaid pays adult medical day per diem. Change ahead: The adult day licensing rule must be readopted or extended by about June 2027, and the Choices for Independence waiver that pays for adult day expires June 30, 2027.

New Hampshire adult day services at a glance

License or certificationYes. A DHHS adult day program license for programs giving medical supervision or care, or help with daily living, to 3 or more people, any payer.
Who licenses or certifiesNH Department of Health and Human Services (DHHS), Health Facilities Administration
Adult day care vs adult day healthOne license type (He-P 818). "Adult medical day" is the Medicaid name for services a licensed program bills, not a separate license.
Strictest staffing ratio1 paid staff under 8 participants, 2 staff for 8 to 16, plus 1 more per each additional 8 or part of 8 (DHHS licensing)
Dementia ratioNo ratio specified. Dementia training and a security system for people who wander are required.
Medicaid programsChoices for Independence (CFI) waiver; state plan adult medical day care
Medicaid billing unitPer day for state plan adult medical day care (S5102 in one health plan's policy). CFI waiver unit not confirmed.
Licensed centersNot confirmed

Last verified against state sources: 2026-10-21.

How is adult day care regulated in New Hampshire?

New Hampshire has one license for adult day care, the adult day program (ADP) license under rule He-P 818, issued by the Department of Health and Human Services (DHHS) Health Facilities Administration. There is no separate adult day health care license and no separate dementia or social-model license. "Adult medical day" is the name Medicaid uses for services a licensed program bills after it enrolls as a Medicaid provider.

Important: New Hampshire's Medicaid rule for adult medical day care, He-E 803, is printed with a note saying it expired October 28, 2019, yet the current Choices for Independence rule and a 2025 health plan policy still point to it. We could not confirm whether DHHS treats it as in force, so this page does not rely on its details. If you plan to bill Medicaid, ask DHHS which adult medical day requirements apply.

Three layers of rules can apply to a New Hampshire program, and each comes from a different part of DHHS:

  • Licensing (DHHS Health Facilities Administration). The licensing statute, RSA 151:2, I(f), and the adult day program rules, He-P 818 (effective June 2, 2017). These cover the license, staffing, space, services, participant records and incident reporting for every program, whatever the payer.
  • Medicaid (DHHS). The He-E 801 Choices for Independence (CFI) rules govern adult day services paid by the CFI waiver, and the Medicaid State Plan covers adult medical day care. Both require the He-P 818 license.
  • Other funding (DHHS Bureau of Adult and Aging Services). The He-E 500 rules let the state pay contracted, licensed programs with Social Services Block Grant (Title XX), Older Americans Act Title III and Alzheimer's respite funds.

He-P 818 defines an adult day program as one that provides one or more of supervision, help with daily living, nursing care, rehabilitation, recreational and social activities, and nutrition, for fewer than 12 hours a day, to people 18 and older (He-P 818.03(f)).

Where the layers overlap, He-P 818 is the rule that sets how a program operates. The Medicaid and funding layers add provider enrollment or a state contract, longer record retention, and their own eligibility rules.

Do you need a license to open an adult day center in New Hampshire?

Yes, if your program offers medical supervision, care or treatment, or help with daily living activities, to 3 or more people, whether or not it runs for profit and whoever pays (RSA 151:2, I(f)). DHHS issues the license only after an inspection shows full compliance. The annual license fee set by statute is $200.

How to apply. Under He-P 818.04, you file the Application for Residential or Health Care License with:

  • The license fee (RSA 151:5, XX sets $200 a year for adult day care centers).
  • A floor plan and proof of registration with the Secretary of State.
  • The administrator's resume and credentials.
  • Written approvals from the local health officer, building official, zoning officer and fire chief, dated within 90 days of the application.
  • Water test results if the building is on a private water supply.
  • Criminal records checks for the applicant, the licensee, the administrator and any household members.

Public notice. Programs newly licensed on or after July 1, 2016 must publish a notice of intent to apply in a newspaper, in at least 2 issues, at least 10 business days before filing. They must also notify, by registered mail, any critical access hospital within 15 miles.

Certificate of need. We did not find a certificate of need requirement or a moratorium in He-P 818 or RSA 151:2.

Building and construction. Plans for new construction or alterations go to DHHS at least 60 days ahead. Programs built under the 2017 rules must follow the adult day care chapter of the FGI Guidelines (2014 edition) and the day care chapter of the life safety code, NFPA 101 (He-P 818.07).

One license per site and owner. A license is issued after a clinical and life safety code inspection and cannot be transferred to another person or location (He-P 818.05 and 818.08). Each site, and each new owner, needs its own license.

Buying a center. The program must give DHHS written notice at least 30 days before a change of ownership, location, address, name or capacity. A change of ownership or location, or an increase in participants, requires a new application and license before operating. An inspection is required unless one was done within 90 days of an ownership change. A new administrator must be reported at least 5 days ahead, and closing a program requires 30 days written notice.

Renewal and inspections. Licenses run one year. Renewal applications are due at least 120 days before the license expires, and DHHS inspects before renewal (He-P 818.06). Water testing for bacteria and nitrates is documented every 3 years. We did not find a set schedule for routine inspections beyond the initial and renewal inspections, so ask the Health Facilities Administration what to expect.

Medicaid and state contracts. To be paid by Medicaid, a licensed program must also enroll as a New Hampshire Medicaid provider (CFI or adult medical day). To be paid with Title XX or Title III funds, it must hold a contract with DHHS.

What are the staffing rules for adult day centers in New Hampshire?

New Hampshire licensing requires at least 1 paid staff member present whenever fewer than 8 participants attend, at least 2 staff (one of them paid) for 8 to 16 participants, and one more staff member for each additional 8 participants or part of 8. That works out to about 1 staff per 8 participants, and staffing must still be enough to meet every participant's needs. No layer sets a separate ratio for dementia.

The ratio is in He-P 818.15(d)(2).

  • Licensing (DHHS Health Facilities Administration): the ratio above. Because "part of 8" rounds up, 17 participants call for 3 staff.
  • Medicaid (CFI waiver): no ratio specified. Providers must meet the licensing rules and check staff against the state registry (He-E 801.32).
  • Other funding (Title XX and Title III): no ratio specified. Providers must comply with He-P 818.

Who counts toward the ratio. Nursing and activities staff may count. Under He-P 818, "personnel" includes paid staff, volunteers and independent contractors, but the first staff member (under 8 participants) and one of the two (8 to 16) must be paid.

Required positions.

  • Administrator. Full time, at least 21, with a bachelor's degree plus 2 years of health-related experience, or an RN with 1 year, an LPN with 2 years, or an associate's degree plus 4 years. The administrator may also serve as the licensed nurse if licensed, or as the activities coordinator if the program is licensed for 6 or fewer participants a day.
  • Licensed nurse. A part-time or full-time New Hampshire licensed nurse, employed or under contract, with at least one year of experience with older adults or people with disabilities. An LPN must be supervised by an RN.
  • Activities coordinator. At least 2 years of experience with older adults or people with disabilities.
  • Social services. Provided by the administrator, the licensed nurse or a social worker.

Minimum staff on site. Besides the ratio, at least one person with current adult CPR certification must be on duty whenever the program is open. Direct care staff must be 18 or older unless they are licensed nursing assistants or supervised students.

Training. Staff complete orientation within their first 3 days and annual continuing education on participant rights, infection control, fire and emergency procedures, and mandatory reporting. The rules set no total number of training hours, except a 4-hour medication supervision course for unlicensed staff who help with medications or receive nurse delegation (oral medications only).

Dementia care. Staff who care for participants with dementia, Alzheimer's disease or mental illness must be trained in their special needs. A security system is required for participants who have wandered in the last 60 days, whose wandering behavior has changed, or who are a danger (He-P 818.14(p)).

Background checks. Employees (other than board of nursing licensees), volunteers and contractors with direct contact, and household members need a New Hampshire Department of Safety criminal records check and checks of the adult protective services state registry and the nursing assistant registry. Disqualifying convictions or findings bar employment unless DHHS grants a waiver (He-P 818.19).

Health screening. Before any contact with participants or food, personnel, including volunteers and contractors, provide a physical exam or health screening and a 2-step TB test done within the past 12 months. The licensee arranges flu shots for staff who consent.

What does an adult day center in New Hampshire have to provide?

Every licensed New Hampshire program provides a set of core services: administrative, nursing, recreational activities, personal care, health and safety protective care, social services and dietary services. Core services must be part of the basic rate and cannot be charged separately. Each program serves at least one meal a day, and capacity is set by the fire code number shown on the license.

Core services. Under He-P 818.15, nursing services include medication administration, wound care, nutritional monitoring, and care management or referral.

Medicaid services. CFI adult day services cover supervision, personal care, monitoring and counseling, referrals, and the He-P 818 health and safety, dietary, nursing, social, rehabilitative and recreational services, for non-acute needs (He-E 801.15). CFI does not pay for adult day for people living in residential care or adult family care. Title XX adult day services cover supervision in a protected setting plus the He-P 818.15 services.

Meals. At least one meal that provides one third of adult daily dietary allowances, with snacks and fluids so no more than 3 hours pass between meals and snacks.

Transportation. We did not find a licensing rule that requires a program to provide transportation. Medicaid transportation duties are tied to the He-E 803 rule whose status is unclear, so ask DHHS if you plan to serve Medicaid participants.

Space and capacity.

  • The program may not exceed the occupant number authorized under NFPA 101 (the state fire code, Saf-C 6000) and shown on the license certificate.
  • He-P 818 sets no square feet per participant. New construction must follow the FGI Guidelines adult day chapter, which we did not review.
  • A program inside a senior center, nursing home or residential care facility needs its own room of at least 200 square feet, its own medication and supply storage, and an accessible bathroom with a shower on the same floor.
  • At least one toilet and hand sink, more as needed, and at least one shower or bathing facility for programs licensed after March 18, 2008.
  • A recliner, cot or bed in a rest area for each participant who needs rest, plus dining and seating for everyone.

Hours. A program runs for fewer than 12 hours a day by definition. We did not find a minimum number of days or hours a program must be open.

Written policies. He-P 818 requires written policies and procedures for operations and all services, reviewed every year, including:

  • The scope and type of services offered, and a chain of command.
  • Participant rights and responsibilities, and a complaint procedure.
  • Privacy, backup and anti-tampering policies for electronic records, and release of information from records.
  • Emergency restraint use (types, when, and who may authorize), and a smoking policy if smoking is allowed.
  • An infection control program, a fire safety program, and an emergency preparedness plan approved by the local emergency management director.
  • A quality improvement program and job descriptions for each position.

Quality and safety. A quality improvement committee meets at least every quarter, tracks incidents, complaints, falls and medication delivery, and keeps minutes for 2 years. Evacuation drills are held every month at varied times, each staff member joins at least one drill a quarter, and the program takes part in an annual community disaster drill. The license, 12 months of inspection reports, the patients' bill of rights, the complaint procedure and the evacuation floor plan must be posted.

What rules protect participants in New Hampshire adult day centers?

New Hampshire requires a physical exam before or soon after admission, a nursing assessment within 7 days, and a care plan within 30 days that the nurse reviews at least every 6 months. Participants get their rights and a full list of charges in writing at admission. Serious incidents go to DHHS within 48 hours, and a missing participant is reported to police and family right away.

Enrollment. Under He-P 818.16, a licensed practitioner completes a physical exam no more than one year before, or within 72 hours after, admission. Title XX and Title III participants also need a practitioner exam within 60 days and a referral, and those programs exclude people living in nursing or other licensed facilities or adult family care, and people seeking services mainly for mental illness or developmental disability.

What participants receive at admission. Verbal and written rights, the scope of services, the complaint procedure and program rules, and a list of all charges and what they include. Fee increases need 30 days written notice.

Assessment and care plan.

  • An RN, or an LPN supervised by an RN, completes a nursing assessment within 7 days.
  • A care plan is due within 30 days and reviewed by the nurse at least every 6 months.
  • Progress notes are written every 30 days for the first 90 days, then every quarter.
  • CFI providers also keep a provider care plan listing the service units authorized and update it at least once a year (He-E 801.33).

Discharge. Discharge follows RSA 151:26 and RSA 151:21, V, with a discharge plan developed with the participant. He-P 818 itself sets no notice period, and we did not review those statutes, so ask DHHS what notice is required.

Records. Licensing requires dated notes for care and services and a daily medication record. Participant records are kept at least 4 years after discharge, and for 4 years after a program closes. We did not find a specific daily attendance log requirement in He-P 818.

Incidents. Reportable incidents, meaning an unexpected death, a suspicious injury, or an elopement or unexplained absence, are reported to DHHS within 48 hours, with a written follow-up within 5 days. Deaths are reported immediately. For an unexplained absence, the program notifies police and the participant's family or representative right away. Fires and emergencies are phoned in immediately, with written notice within 72 hours.

How does Medicaid pay for adult day in New Hampshire?

New Hampshire Medicaid pays licensed adult day programs through two routes: the Choices for Independence (CFI) waiver and the state plan adult medical day care benefit. The state plan pays a per diem (a daily rate) from a DHHS fee schedule, with rates last set January 1, 2024. We did not find the current rate amounts or the CFI billing unit.

Choices for Independence waiver. CFI is a 1915(c) home and community based waiver run by DHHS. CMS lists it (0060.R08.00) as approved from July 1, 2022 through June 30, 2027, with adult day services among its services. It serves people 65 and older and adults 18 to 64 with disabilities who meet nursing facility level of care. DHHS sets CFI rates under RSA 161:4, VI(a). We could not read the waiver application or the DHHS rate pages, so we did not confirm the CFI adult day billing unit, code or rate.

State plan adult medical day care. Under the Medicaid State Plan (Attachment 4.19-B, TN 24-0015), adult medical day care in a licensed facility is paid per diem from a DHHS fee schedule, with rates set as of January 1, 2024. Medicaid managed care health plans also cover it for their members.

  • Billing code: S5102 (per day), according to the NH Healthy Families adult medical day care policy (effective December 1, 2025). This is a health plan document, not a state fee schedule.
  • Prior authorization: that plan requires prior authorization in 6-month spans at first and 12-month spans after that. Ask each plan you contract with for its own rules.
  • Rate: we did not find the dollar amount. The fee schedule is posted on the state's Medicaid billing portal, nhmmis.nh.gov.

Transportation. CFI includes non-medical transportation as a separate service, but we did not confirm whether it can be used for trips to adult day, or whether adult medical day transportation is billed separately. Ask DHHS.

Documentation needed to bill. CFI providers must document each claim with the specific service, the number of units, the employee's name, and the date and time of service, and keep those records for at least 6 years from the date of service (He-E 801.33). DHHS can take back payments that are not documented. That is longer than the 4-year licensing retention, so keep the longer period. We did not find an electronic attendance or sign-in and sign-out requirement for adult day.

Can a private-pay adult day center operate in New Hampshire without Medicaid?

Yes, a program can be fully private pay, but it still needs a DHHS license if it offers medical supervision or care, or help with daily living, to 3 or more people. The licensing statute applies whether or not the program runs for profit and has no exception by payer. No one may advertise or present a program as an adult day program unless it is licensed.

Programs that are not adult day programs. He-P 818 defines a senior center as a community program offering meals, recreation, wellness or transportation without any services that require a license. We did not find clear state guidance on whether a purely social program with supervision but no hands-on help needs a license, because the statute and the rule word this differently. Ask the Health Facilities Administration before you open one.

Protections for private-pay participants. Licensed programs must give a written list of all charges at admission, include core services in the basic rate, give 30 days written notice of fee increases, get written permission before handling a participant's money, and follow the patients' bill of rights (He-P 818.14).

Other funding. DHHS pays contracted, He-P 818 licensed programs through:

  • Social Services Block Grant (Title XX) adult day services (He-E 501.23).
  • Older Americans Act Title III adult day program services (He-E 502.18).
  • Alzheimer's disease and related disorders (ADRD) respite, which can pay for respite in a licensed adult day program (He-E 503.05).

We did not confirm whether the U.S. Department of Veterans Affairs buys or runs adult day health care in New Hampshire. Veterans can ask the VA Manchester health care system. We also did not find a PACE program in the state.

The market. We could not get the DHHS list of licensed adult day programs, so we do not give a count. The Health Facilities Administration can provide it. We did not find a state adult day association with a website.

What is changing next for adult day in New Hampshire?

Two deadlines in 2027 matter for New Hampshire adult day programs. The adult day licensing rule must be readopted or extended by about June 2027, and the Choices for Independence waiver that pays for adult day expires June 30, 2027. As of our last check on October 21, 2026, we did not find a published proposal for either.

  • CFI waiver renewal, due by June 30, 2027. CMS lists the current CFI waiver as expiring June 30, 2027, so DHHS must renew it by then. We did not find draft renewal terms, so we do not know yet whether adult day services, rates or rules will change.
  • He-P 818 readoption, expected around mid-2027. He-P 818 took effect June 2, 2017, and RSA 541-A:17 generally limits state rules to 10 years unless they are readopted or extended. We found no readoption filing yet, so the timing and any changes are not final. Watch for a DHHS rulemaking notice.
  • Recent change: state plan rates, January 1, 2024. Adult medical day care per diem rates were last changed effective January 1, 2024 (State Plan Amendment 24-0015).

Get notified when New Hampshire adult day rules change

Leave your email and we will let you know when New Hampshire changes its adult day licensing, staffing or Medicaid rules. No newsletter, only changes for this state.

Who to ask about adult day rules in New Hampshire

Questions about New Hampshire adult day rules are best put to the state. Start with He-P 818 Adult Day Programs (NH Code of Administrative Rules, He-P 800 chapter). The state lists this contact: DHHS Health Facilities Administration, 129 Pleasant Street, Concord, NH 03301; complaints 1-800-852-3345 (as published in He-P 818.14(q)(4)).

New Hampshire adult day sources

Related reading

Other states where licensing depends on size, services or payer

Arizona, Arkansas, Louisiana, Minnesota, Virginia. See every state on the adult day services map.

Page history

  • October 21, 2026: Page rewritten and checked against state sources.

This page is a reference, not legal advice. State rules change, so confirm details with the state before you act on them.

Ankota provides software for adult day centers, covering attendance, care plans, transportation and billing. If you would like to talk about running your center, contact Ankota or read more about Ankota's adult day care software.

New-Hampshire

Questions about Adult Day Care?

There's a lot to learn about Adult Day Care and the opportunity that it presents both for entrepreneurs, and for families.  Below are some frequently asked questions, but you are also welcome to learn more by filling out the form on the right.

New Hampshire adult day questions

Do I need a license to open an adult day center in New Hampshire?

Yes, if your program offers medical supervision or care, or help with daily living, to 3 or more people, whoever pays. The DHHS Health Facilities Administration licenses programs under He-P 818, and the statutory license fee is $200 a year. You need local health, building, zoning and fire approvals, criminal records checks, newspaper notice of your application, and a passing inspection before the license is issued.

Does New Hampshire license adult day health care separately from adult day care?

No. New Hampshire has one license, the adult day program license under He-P 818. "Adult medical day" is the Medicaid name for services a licensed program bills once it enrolls as a Medicaid provider.

What staffing ratio does New Hampshire require for adult day?

At least 1 paid staff member when fewer than 8 participants attend, at least 2 staff (one paid) for 8 to 16, and one more for each additional 8 participants or part of 8. Nursing and activities staff can count, and staffing must still meet every participant's needs. Every program also needs a full-time administrator, a licensed nurse and an activities coordinator.

Are there special rules for dementia care in New Hampshire adult day programs?

There is no separate dementia license or staffing ratio. Staff who care for people with dementia, Alzheimer's disease or mental illness must be trained in their special needs. Programs need a security system for participants who have wandered in the last 60 days, whose wandering has changed, or who are a danger.

Will New Hampshire Medicaid pay for adult day care?

Yes, for licensed programs enrolled as Medicaid providers, through the Choices for Independence waiver and the state plan adult medical day care benefit. The state plan pays a daily rate from a DHHS fee schedule, last set January 1, 2024. Members of Medicaid managed care plans get the benefit through their plan, which may require prior authorization.

Can I run a private-pay adult day center in New Hampshire without a license?

Not if you offer medical supervision or care, or help with daily living, to 3 or more people, because the licensing statute applies regardless of payer. You also may not advertise a program as an adult day program unless it is licensed. If you plan a purely social program, ask the Health Facilities Administration whether it needs a license.

What happens to the license if I buy an existing adult day center in New Hampshire?

Licenses cannot be transferred to a new owner or location. The program must give DHHS written notice at least 30 days before the change of ownership, and the new owner must apply for and receive its own license before operating. An inspection is required unless one was done within 90 days of the change.

What must a program do when a participant goes missing?

After searching the building and grounds, the program must notify local police and the participant's family or representative right away. An elopement or unexplained absence is a reportable incident that goes to DHHS within 48 hours, with a written follow-up within 5 days.

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