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 505 - ESTABLISHMENT AND OPERATION OF AREA AGENCIES
Section He-M 505.02 - Definitions

Universal Citation: NH Admin Rules He-M 505.02

Current through Register No. 40, October 3, 2024

The words and phrases used in these rules shall mean the following, except where a different meaning is clearly intended from the context:

(a) "Acquired brain disorder" means a disruption in brain functioning that:

(1) Is not congenital or caused by birth trauma;

(2) Presents a severe and life-long disabling condition which significantly impairs a person's ability to function in society;

(3) Occurs prior to age 60;

(4) Is attributable to one or more of the following reasons:
a. External trauma to the brain as a result of:
1. A motor vehicle incident;

2. A fall;

3. An assault; or

4. Another related traumatic incident or occurrence;

b. Anoxic or hypoxic injury to the brain such as from:
1. Cardiopulmonary arrest;

2. Carbon monoxide poisoning;

3. Airway obstruction;

4. Hemorrhage; or

5. Near drowning;

c. Infectious diseases such as encephalitis and meningitis;

d. Brain tumor;

e. Intracranial surgery;

f. Cerebrovascular disruption such as a stroke;

g. Toxic exposure; or

h. Other neurological disorders such as Huntington's disease or multiple sclerosis which predominantly affect the central nervous system; and

(5) Is manifested by one or more of the following:
a. Significant decline in cognitive functioning and ability; or

b. Deterioration in:
1. Personality;

2. Impulse control;

3. Judgment;

4. Modulation of mood; or

5. Awareness of deficits;

(b) "Applicant group" means a group of area citizens that has submitted the required materials to the bureau for consideration for designation as an area agency;

(c) "Area" means "area" as defined in RSA 171-A:2, I-a, namely "a geographic region established by rules adopted by the commissioner for the purpose of providing services to developmentally disabled persons.";

(d) "Area agency" means "area agency" as defined in RSA 171-A:2, I-b;

(e) "Area board" means "area board" as defined in RSA 171-A:2, I-c, namely "the governing body or board of directors of an area agency.";

(f) "Area plan" means a document prepared by the area agency that outlines that agency's goals, objectives, and activities pursuant to He-M 505.04(p) and RSA 171-A:18;

(g) "Bureau" means the bureau of developmental services of the department of health and human services;

(h) "Bureau administrator" means the chief administrator of the bureau of developmental services;

(i) "Commissioner" means the commissioner of the department of health and human services, or their designee;

(j) "Conditional redesignation" means a written ruling by the commissioner pursuant to He-M 505.10 that an area agency has partially complied with the redesignation criteria listed in He-M 505.09 and that continued designation is contingent upon fulfilling the requirements established by He-M 505;

(k) "Critical incident" means an alleged, suspected, or actual occurrence of:

(1) Abuse, including physical, sexual, verbal, and psychological abuse;

(2) Neglect;

(3) Exploitation;

(4) Serious injury;

(5) Death other than by natural causes; and

(6) Other events that threaten the health or safety of an individual such as hospitalizations, administration of the wrong medication, failure to administer medication, or use of restraints or behavioral interventions that are not included in an approved behavior change program;

(l) "Designation" means a written ruling by the commissioner that an applicant group has been determined to be in compliance with the eligibility requirements set forth in He-M 505.06 and has been approved as the area agency for the area;

(m) "Developmental disability" means "developmental disability" as defined in RSA 171-A:2, V, namely, "a disability:

(a) Which is attributable to an intellectual disability, cerebral palsy, epilepsy, autism, or a specific learning disability, or any other condition of an individual found to be closely related to intellectual disability as it refers to general intellectual functioning or impairment in adaptive behavior or requires treatment similar to that required for persons with an intellectual disability; and

(b) Which originates before such individual attains age 22, has continued or can be expected to continue indefinitely, and constitutes a severe disability to such individual's ability to function normally in society.";

(n) "Financial management services" means fiscal intermediary services available to individuals who elect to direct and manage their services, pursuant to He-M 524 and He-M 525;

(o) "Generic services" means services available to the general population that are not specifically designed for individuals;

(p) "Governance review" means an announced review to monitor annual compliance of area agency operations including, but not limited to, services, programs, functions, and finances, whether operated directly by the area agency or through contracts with persons or organizations;

(q) "Guardian" means a person appointed pursuant to RSA 463 or RSA 464-A or the parent of an individual under the age of 18 whose parental rights have not been terminated or limited by law;

(r) "Individual" means a person who has a developmental disability or acquired brain disorder;

(s) "Integrated activity" means personal interaction between persons with and without developmental disabilities or acquired brain disorders that occurs within community settings;

(t) "Integrated setting" means a setting where the majority of persons are without developmental disabilities and the primary activity is neither bureau-funded nor designed primarily for individuals;

(u) "Interim designation" means a written ruling by the commissioner pursuant to He-M 505.06(e)(8) that an applicant group or other organization has been approved as the interim area agency until a final designation is made by the commissioner;

(v) "Mission" means the stated goals of the service system as established by the bureau or area agencies;

(w) "Problematic sexual behavior" means non-consensual touching or attempting to touch another person's body in a sexualized manner, unsolicited sexualized statements, public exposure, and illegal sexual conduct whether in person or online;

(x) "Provider" means a person receiving any form of remuneration for the provision of services to an individual;

(y) "Provider agency" means an agency or an independent provider that is established to provide services to individuals;

(z) "Region" means, when followed by a Roman numeral, the area agency in the area corresponding to the identified numeral;

(aa) "Registry" means the list maintained in the department's electronic database which itemizes identified service needs for individuals in the following 5 years;

(ab) "Sentinel event" means an unexpected occurrence involving death or serious physical or psychological injury, or risk thereof. Serious injury specifically includes loss of limb or function. Categories of reportable sentinel events are individual-centered events, in which the individual is either a victim or perpetrator, including, but are not limited to:

(1) Any sudden, unanticipated, or accidental death, not including homicide or suicide, and not related to the natural course of an individual's illness or underlying condition;

(2) Permanent loss of function, not related to the natural course of an individual's illness or underlying condition, resulting from such causes including but not limited to:
a. A medication error;

b. An unauthorized departure or abduction from a facility providing care; or

c. A delay or failure to provide requested or medically necessary services due to waitlists, availability, insurance coverage, or resource limits;

(3) Homicide;

(4) Suicide;

(5) Suicide attempt, such as self-injurious behavior with a non-fatal outcome, with explicit or implicit evidence that the person intended to die and medical intervention was needed;

(6) Rape or any other sexual assault;

(7) Serious physical injury;

(8) Serious psychological injury that jeopardizes the person's health that is associated with the planning and delivery of care;

(9) Injuries due to physical or mechanical restraints; and

(10) High profile or high risk event, such as:
a. Media coverage; and

b. Police involvement leading to an arrest;

(ac) "Service coordination agency" means a provider agency providing service coordination services to individuals that meets the criteria in He-M 504; and

(ad) "Service coordinator" means a provider who meets the criteria in He-M 503 or He-M 522 and is chosen by an individual and their guardian or representative to organize, facilitate, and document service planning and to negotiate and monitor the provision of the individual's services.

#1647, eff 10-14-80; ss by #2020, eff 5-11-82; ss by #2678, eff 4-18-84; ss by #4667, eff 8-25-89; ss by #4729, eff 1-15-90, EXPIRED: 1-15-96

New. #6871, eff 10-21-98; ss by #8728, INTERIM, eff 10-21-06, EXPIRED: 4-19-07

New. #8928, eff 6-30-07

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