New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 500 - DEVELOPMENTAL SERVICES
Part He-M 503 - ELIGIBILITY AND THE PROCESS OF PROVIDING SERVICES
Section He-M 503.07 - Service Guarantees

Universal Citation: NH Admin Rules He-M 503.07

Current through Register No. 40, October 3, 2024

(a) Except as provided by RSA 171-B, all services shall:

(1) Be voluntary;

(2) Be provided only after the informed consent of the individual, guardian, or representative;

(3) Comply with the rights of the individual established under RSA 171-A:13-14, He-M 310, and federal laws and rules; and

(4) Maximize as much as possible the individual's ability to determine and direct the services they will receive, in accordance with federal and state laws and rules.

(b) All services shall be designed to:

(1) Promote the individual's personal development and quality of life in a manner that is determined by the individual;

(2) Meet the individual's needs in life skills to promote independent living:
a. Including educational activities with the purpose of assisting the individual in attaining or enhancing community living skills, or adaptive skill development to assist the individual in residing in the most appropriate setting for their needs; and

b. Not including post-secondary education, regardless of whether it leads to a degree, or private tutoring;

(3) Promote the individual's health and safety within the bounds of reasonable risk;

(4) Protect the individual's right to freedom from abuse, neglect, and exploitation;

(5) Increase the individual's participation in a variety of integrated activities and settings;

(6) Provide opportunities for the individual to exercise personal choice, independence, and autonomy within the bounds of reasonable risks;

(7) Enhance the individual's ability to perform personally meaningful or functional activities;

(8) Assist the individual to acquire and maintain life skills, such as, managing a personal budget, participating in meal preparation, or traveling safely in the community, including accessing community transportation;

(9) Be provided in such a way that the individual is seen as a valued, contributing member of their community; and

(10) Meet the individual's needs in accordance with He-M 503.09(m).

(c) The environment or setting in which an individual receives services shall be the least restrictive, most integrated setting that promotes that individual's:

(1) Freedom of movement;

(2) Ability to make informed decisions;

(3) Self-determination;

(4) Participation in the community in accordance with 42 CFR 441.301; and

(5) Rights in accordance with He-M 310.

(d) An individual, guardian, or representative may select any available provider that is qualified pursuant to He-M 504, to deliver one or more of the services identified in the individual's service agreement. All provider agencies and providers shall comply with the administrative rules and terms of the waiver when applicable, pertaining to the service(s) offered and meet the provisions specified within the individual's service agreement.

(e) The area agency shall notify each individual, annually, that they have a right to choose their service coordinator who meets the requirements in He-M 503.08(a).

(f) No one shall be denied an opportunity for services on the basis of the severity of their developmental disability.

(g) An area agency shall monitor timeliness of the completion of annual service agreements by the service coordinator for all individuals, with the exception of those individuals or families who request only information and referral.

(h) Area agencies and provider agencies shall inform individuals and applicants of their rights under these rules in clearly understandable language and form.

(i) For individuals who require a positive behavior plan, emergency physical restraint shall only be approved for safely responding to situations in which the individual presents with imminent credible risk of significant harm to self or others by providers who are trained and certified in recognized intervention modalities.

#1969, eff 2-25-82; ss by #2615, eff 2-6-84; ss by #2962, eff 1-22-85; ss by #5211, eff 8-28-91; EXPIRED: 8-28-97

New. #6581, INTERIM, eff 9-19-97, EXPIRED: 1-17-98

New. #6932, eff 1-27-99; ss by #8805, eff 1-27-07

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