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 505.09 - Redesignation

Universal Citation: NH Admin Rules He-M 505.09

Current through Register No. 40, October 3, 2024

(a) Each area agency shall notify the bureau administrator of its intent to be redesignated every 5 years, in accordance with Table 505-2.

(b) Submission of notification of the area agency's intention to be redesignated shall cause the area agency's current designation to be effective until the bureau administrator issues a decision pursuant to (i) below.

(c) If an area agency's current designation is due to expire earlier than the scheduled redesignation in Table 505-2, the current designation shall be extended to remain effective until the scheduled redesignation review is completed.

(d) Area agencies shall submit a comprehensive self-assessment with the notification of intent to be redesignated, to outline the area agency's performance, within 180 days, but not less than 150 days, prior to the expiration of its current redesignation according to Table 505-2 below:

Table 505-2, Redesignation Schedule

2024 and 2029

2025 and 2030

2026 and 2031

2027 and 2032

2028 and 2033

Region II

Region III

Region VII

Region IV

Region I

Region V

Region VI

Region X

Region IX

Region VIII

(e) The bureau administrator shall review the agency's self-assessment, department materials, and feedback from provider agencies, providers, individuals, family members, area citizens, advocacy and self-advocacy groups, and community groups regarding the area agency's past performance and current ability to coordinate access to a comprehensive service delivery system.

(f) The bureau administrator shall consider the area agency's past and current performance in providing services, programs, and functions to individuals and their families, including reviewing results and trends identified from the annual governance reviews conducted pursuant to He-M 505.04(aa).

(g) An area agency shall be considered successful and operating efficiently when it annually:

(1) Demonstrates, through its services, programs, and functions, a commitment to a mission that embraces and emphasizes active community membership and inclusion for persons with disabilities;

(2) Demonstrates, through multiple means, its commitment to individual rights, health promotion, and safety;

(3) Provides individuals and families with information and supports to design and direct their services in accordance with their needs, preferences, and capacities and to decide who will provide them;

(4) Involves those who use its services in area planning, system design, and development;

(5) Assesses and continuously improves the quality of its services, and ensures that the recipients of services are satisfied with the services that they receive;

(6) Demonstrates, through its board of directors and management team, effective governance, administration, and oversight of the area agency staff, provider agencies, and, if applicable, subcontract agencies;

(7) Is fiscally sound, manages resources effectively to support its mission, and utilizes generic community resources and proactive supports in assisting people;

(8) Complies, along with its subcontractors, if applicable, with all contract requirements and state and federal requirements; and

(9) Achieves the goals identified in its area plan and implements the recommendations made in its previous redesignation report from the department, if applicable.

(h) Approval of an area agency's request for redesignation shall be granted if, based on the following information, the area agency is found to be in compliance with (f)(1)-(9) above:

(1) Materials collected as part of the redesignation process, which shall include, at a minimum, the following:
a. Comments solicited from individuals, family members, area citizens, provider agencies, providers, advocacy and self-advocacy groups, and community groups demonstrating the area agency's ability to coordinate access to comprehensive services and provide leadership in addressing the needs of individuals within its catchment region; and

b. Information to demonstrate that the area agency has complied with the requirements of He-M 202 with respect to implementation of recommendations; and

(2) Other available documents which shall demonstrate:
a. Compliance with all department rules and other applicable statutes and federal laws, regulations, and rules, and contract requirements;

b. The results of the annual governance reviews and any other announced or unannounced reviews;

c. Compliance with performing and documenting Medicaid administration functions and claiming in accordance with 505.03; and

d. Corrective action taken in response to any department's quality assurance review.

(i) The bureau administrator shall issue a report redesignating or conditionally redesignating an area agency.

(j) An area agency shall respond to any corrective action request included in a letter of redesignation.

#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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