New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-A - Former Office of Alcohol and Drug Abuse Prevention
Chapter He-A 500 - IMPAIRED DRIVER PROGRAMS
Part He-A 507 - IMPAIRED DRIVER CARE MANAGEMENT PROGRAMS
Section He-A 507.06 - Service Plan Monitoring and Compliance

Universal Citation: NH Admin Rules He-A 507.06

Current through Register No. 40, October 3, 2024

(a) The IDCMP shall monitor the client's compliance with the service plan.

(b) For each client the IDCMP shall conduct direct client contacts at least twice per month to monitor the client's progress and to address barriers and other additional needs.

(1) Be either face-to-face or via telephone, but there shall be at least one face-to-face contact during the length of the service plan;

(2) Be a minimum duration of 15 minutes; and

(3) Be documented in the client's record, including the subject(s) of discussion.

(d) A service plan review with a client shall not be considered a client contact.

(e) The IDCMP shall not charge a client for more than 2 client contacts per month, regardless of how many contacts are conducted.

(f) The IDCMP shall monitor the client's treatment and recovery progress by maintaining contact with the client's IDSP as follows:

(1) The IDCMP shall review the client's treatment plan and monthly progress reports submitted by the client's IDSP in accordance with He-A 510.13(g) (1) and (g) (3);

(2) If monthly progress reports are not received, the IDCMP shall:

a. Directly contact the client's IDSP for updates on the client's progress; and

b. Notify the bureau that progress reports are not being submitted; and

(3) The IDCMP shall provide to the IDSP any new information about the client deemed relevant to the client's service plan.

(g) The IDCMP shall not charge the client for any contact with the client's IDSP.

(h) If the IDCMP believes that an IDSP's treatment plans or progress reports are of poor quality, the IDCMP shall notify the bureau.

(i) If information is disclosed by the IDSP that has a negative effect on the client's progress, the IDCMP shall determine whether the client is in compliance with their service plan.

(j) Each of the following shall constitute non-compliance with the service plan, thus requiring a notice of non-compliance to be sent in accordance with (k) below:

(1) The client does not start receiving treatment or recovery services within the timeframe established in He-A 507.05(d) (2) ;

(2) The client has an unexcused absence from more than one scheduled treatment or recovery appointment within any 30 day period;

(3) The client misses more than one scheduled client contact in any 30 day period;

(4) The client is impaired as a result of being under the influence of alcohol, any illicit substance, or any non-prescribed or over-the-counter medication at any treatment or recovery appointment or at any IDEP session, as confirmed and documented by a drug or alcohol screening;

(5) The client is presumed to be impaired as a result of being under the influence of alcohol, any illicit substance, or any non-prescribed or over-the-counter medication at any treatment or recovery appointment or at any IDEP session and refuses to submit to drug or alcohol screening;

(6) Abstinence is required by the court and the client is not abstinent;

(7) Abstinence is required by the IDCMP in the service plan, the client is not abstinent, and the IDCMP determines, after consultation with the client's IDSP, that the client's non-abstinence should be reported as non-compliance with the service plan; and

(8) The court or the service plan requires abstinence and drug or alcohol testing to confirm abstinence, and the client either refuses to submit to drug or alcohol testing or any testing conducted indicates drug or alcohol use.

(k) If the IDCMP determines that the client is not in compliance with the service plan, the IDCMP shall:

(1) Notify the sentencing court, the client's prosecutor, the DMV, and the bureau of such non-compliance; and

(2) Notify the client in writing that notice of non-compliance has been submitted.

(l) If, within 6 months of a notice of non-compliance being sent in accordance with (k) above, a client begins, continues, or returns to treatment and/or recovery, as applicable, the IDMCP shall review the existing service plan, revise the service plan as necessary, require the client to comply with the revised service plan, and not charge the client an additional fee.

(m) If a client does not begin, continue, or return to treatment and/or recovery within 6 months of a notice of non-compliance being sent in accordance with (k) above, the client shall submit to a new substance use disorder evaluation, at the client's expense, and a new service plan shall be developed before treatment and recovery can commence.

(n) If an IDCMP staff is subpoenaed or otherwise required to attend a sentencing court proceeding as a result of a notice of non-compliance being sent in accordance with (k) above, the IDCMP may charge the client a fee of up to $100 per day that the IDCMP staff is required to attend a court proceeding.

#10240, eff 1-1-13

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