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 521 - CERTIFICATION OF RESIDENTIAL SERVICES OR COMBINED RESIDENTIAL AND COMMUNITY PARTICIPATION SERVICES PROVIDED IN THE FAMILY HOME
Section He-M 521.02 - Definitions

Universal Citation: NH Admin Rules He-M 521.02

Current through Register No. 40, October 3, 2024

(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; and

(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; and

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

(d) "Bureau administrator" means the chief administrator of the bureau of developmental services.

(e) "Commissioner" means the commissioner of the department of health and human services or his or her designee.

(f) "Community participation services" referred to elsewhere in He-M 500 and He-M 1001 as "day services", means habilitation, assistance, and instruction provided to individuals that:

(1) Improve or maintain their performance of basic living skills;

(2) Offer vocational and community activities, or both;

(3) Enhance their social and personal development;

(4) Include consultation services, in response to individuals' needs, and as specified in service agreements, to improve or maintain communication, mobility, and physical and psychological health; and

(5) At a minimum, meet the needs and achieve the desired goals and outcomes of each individual as specified in the service agreement.

(g) "Department" means the New Hampshire department of health and human services.

(h) "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 an 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."

(i) "Family" means a group of 2 or more persons related by ancestry, marriage, or other legal arrangement that has at least one member who has a developmental disability.

(j) "Guardian" means a person appointed pursuant to RSA 464-A or a parent of an individual under the age of 18 whose parental rights have not been terminated or limited by law in such a way as to remove the person's right to make decisions pursuant to RSA 171-A on behalf of the individual..

(k) "Individual" means a person with a developmental disability or acquired brain disorder who is eligible to receive services pursuant to He-M 503 or He-M 522.

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

(m) "Provider agency" means an area agency or another entity under contract with an area agency to provide services.

(n) "Representative" means:

(1) The parent or guardian of an individual under the age of 18;

(2) The guardian of an individual 18 or over; or

(3) A person who has power of attorney for the individual.

(o) "Service" means any paid assistance to an individual in meeting his or her own needs provided through the area agency.

(p) "Service agreement" means a written agreement between an individual or his or her guardian or representative and an area agency that is prepared in accordance with He-M 503 or He-M 522 and that describes the services that an individual will receive and constitutes an individual service agreement as defined in RSA 171-A:2,X.

(q) "Service coordinator" means a person who is chosen or approved by an individual and his or her guardian or representative to organize, facilitate and document service planning and to negotiate and monitor the provision of the individual's services.

(r) "Staff" means a person employed by an area agency or provider agency.

#5791, eff 3-1-94, EXPIRED: 3-1-00

New. #7227, INTERIM, eff 3-31-00, EXPIRED: 7-29-00

New. #7494, eff 5-22-01; amd by #9013, eff 10-27-07; ss by #9475, eff 5-22-09

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