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 505.04 - Governance and Composition of the Area Agency Board

Universal Citation: NH Admin Rules He-M 505.04

Current through Register No. 40, October 3, 2024

(a) Each area agency board shall establish policies and procedures for the governance and administration of the area agency and those policies and procedures shall:

(1) Be developed to ensure efficient and effective operation of the local service delivery system;

(2) Be developed to adhere to the requirements of state and federal funding sources, the area plans, and the rules and contracts established by the department; and

(3) Be developed to ensure that the area agency avoids any conflict of interest and any appearance of conflict of interest in its business relationships.

(b) The department shall assist area agencies in the establishment and provision of services through contract establishment, contract monitoring, consultation, technical assistance, guidance regarding service reviews, staff and board training, coordination with other service systems, and other means.

(c) The area agency shall be incorporated and have an established plan for governance in accordance with He-M 505.04(d)-(p) below.

(d) The area agency board shall have responsibility for the entire management and control of the property and affairs of the corporation and have the powers usually vested in the board of directors of a not-for-profit corporation, except as regulated herein. This shall be stated in a set of bylaws maintained and updated by the area board.

(e) The area board shall include in its articles of incorporation and its bylaws a statement that, in the event of dissolution of the area agency or in the event that the agency is no longer designated as an area agency, disposal of all debts and obligations shall be provided for.

(f) Each area agency board shall include in its bylaws:

(1) A provision requiring rotation of area board membership so that 1/4 of the members' terms expire each year. Said rotation shall not result in all terms of individuals, guardians, or family members expiring in the same year;

(2) A provision that the maximum consecutive period during which a board member may serve as an officer of the board shall not exceed 6 years; and

(3) A procedure by which inactive members are removed from the area board.

(g) The size and composition of the area agency board shall be as follows:

(1) In all cases, the board of directors shall be composed of an uneven number of persons;

(2) The number of persons serving as members shall be no fewer than 9 and no more than 25;

(3) Individuals, guardians, and family members shall comprise at least 1/3 of the membership of the area agency board;

(4) Members shall be representative of the agency's individuals supported, their family members, and the entire area; and

(5) Membership shall be open to persons who reside in the area except for those excluded as follows:
a. Persons or the spouses of persons who are under financial contract with the area agency or any organization that is a subsidiary or affiliate of the area agency shall not be eligible for membership on the area board;

b. Employees or the spouses of employees of agencies that are under financial contract with the area agency shall not be eligible for membership on the area board;

c. Employees or the spouses of employees of the area agency shall not be eligible for membership on the area board;

d. Employees of the New Hampshire department of health and human services or their spouses shall not be eligible for membership on the area board; and

e. Volunteer board members or the spouses of volunteer board members of agencies or programs under contract with the area agency shall be eligible for membership on the area board but shall comprise no more than 1/3 of the board.

(h) All area agency board members shall participate in at least one nationally recognized person-centered thinking training when they begin their first term of board membership and every 5 years thereafter.

(i) The area board shall fill vacancies by soliciting interested persons to submit applications to the area board. Such solicitation shall be by conducting public meetings, placing public announcements in local media, and by any other means.

(j) Pursuant to RSA 171-A:18, III, the area board shall appoint an executive director of the area agency. The executive director shall serve at the pleasure of the area board and as a full-time employee of the agency.

(k) The executive director shall be selected, employed, and supervised by the area board in accordance with a published job description and a competitive application procedure pursuant to the area agency's personnel policies.

(l) The executive director shall have the following experience qualifications, at a minimum:

(1) Five years of administrative experience in human services; and

(2) Four years of experience in developmental services programs, which may be done all or in part in the above administrative capacity.

(m) The executive director shall demonstrate extensive knowledge of all aspects of the fields of developmental disabilities and acquired brain disorders, including knowledge of:

(1) Administration;

(2) Planning;

(3) Community networking;

(4) Business management; and

(5) Financial and social resources.

(n) The executive director's performance shall be evaluated annually by the area board to ensure that services are provided in accordance with the agency mission, area plan, contract provisions, and mission as well as federal and state laws and rules.

(o) Pursuant to RSA 171-A:18, V, the area agency board shall prepare and submit to the department an area plan for the provision of programs and services to individuals in the area for a 5-year period that coincides with the redesignation cycle identified in Table 505-2.

(p) The area plan shall:

(1) Clearly identify the extent to which the area agency has involved its individuals and families, the area family support council established pursuant to RSA 126-G:4, the general public residing in the area, and generic service agencies in the planning and provision of services for individuals;

(2) Demonstrate that services and supports for which the agency is responsible, as outlined in He-M 505.03(a), are intended to establish and maintain a comprehensive service delivery system that is:
a. Based on the nature and extent of the service needs of individuals and their care-giving families;

b. Consistent with RSA 171-A and the agency's and bureau's mission statements and priorities;

c. Responsive to the priorities of the individuals and families in the area agency's catchment region; and

d. Free from conflict in accordance with 42 CFR 441.301;

(3) Be submitted to the bureau administrator for approval pursuant to (q) below; and

(4) Be reviewed by the area board every 2 years and may be amended by the area board at any time, with such amendments submitted to the bureau administrator for approval if:
a. The area board proposes to change, discontinue, or expand services to individuals and their care-giving families; or

b. Amendment is necessary to reflect changes in area-wide individual and family needs, legislation, or area demographics, vendors, or funding.

(q) The bureau administrator, commissioner, or the commissioner's designee shall review area plans and amendments to area plans submitted for approval pursuant to (p)(3) and (4) above and approve those plans or amendments that are determined to comply with the agency mission and department rules and other applicable state and federal laws, regulations, and rules.

(r) The area agency shall utilize all applicable federal, third party, and other public and private sources of funds to carry out its mission and responsibilities.

(s) The area agency shall not enter any merger, sale, affiliation, or other substantial change in its corporate identity without the prior approval of the bureau administrator, with notice being provided to the bureau no less than 6 months before the change.

(t) The bureau administrator shall review any proposed merger, sale, affiliation, or other substantial change in the corporate identity of an area agency.

(u) The bureau administrator shall assess the potential impact on the developmental services system stability and approve such proposed changes if they determine that the developmental services system stability can be maintained adequately by the resulting organization's compliance with department rules and other applicable state and federal laws, regulations, and rules, and that such changes are in the best interest of individuals residing in the area.

(v) The services, programs, and functions for which the area agency is responsible to oversee may be provided directly by the area agency or the area agency may, pursuant to RSA 171-A:18, II, enter into agreements with persons and organizations for the provision of designated services. The area agency shall not delegate its financial management responsibility to any person or organization.

(w) An area agency planning to enter into agreements pursuant to He-M 505.04(v) shall:

(1) Obtain written permission from the commissioner pursuant to RSA 171-A:18; and

(2) Include in said notice a description of services to be provided, payment schedules, and reporting requirements, and assurances that the participants in the agreements agree to comply with all pertinent state and federal requirements.

(x) The area agency shall be responsible and accountable for all area agency services, programs, and functions whether administered directly by the area agency or provided under contracts with persons or organizations.

(y) Monitoring and evaluation of all area agency services, whether administered directly or by contract, shall be conducted by the area agency with its findings and any remedial action taken reported to the area agency board.

(z) Area agency services, programs, and functions shall be operated in compliance with applicable state and federal laws and rules and contract requirements established by the department and comply with the goals and priorities of the approved area plan.

(aa) The department shall conduct annual governance reviews, announced or unannounced reviews of area agencies, and audit area agencies at least every 5 years, including all or part of any services, programs, functions, finances, operations, or contract requirements of the area agency, whether operated directly by the area agency or through contracts with persons or organizations.

(ab) The results of the review conducted in accordance with He-M 505.04(aa) above, and any resulting trends in performance, shall be considered during the redesignation process.

#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 #8443, eff 1-1-06; ss by #8928, eff 6-30-07

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