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 522 - ELIGIBILITY DETERMINATION AND SERVICE PLANNING FOR INDIVIDUALS WITH AN ACQUIRED BRAIN DISORDER
Section He-M 522.07 - Periodic Review of Eligibility

(a) If there is reason to believe that the individual's level of cognitive functioning or adaptive behavior has changed and the person no longer has an acquired brain disorder as defined in He-M 522.02(a) , or a need for services pursuant to He-M 517.03(a) (4) b., the area agency shall notify the individual receiving services, or the guardian if the individual has one, and arrange for a reassessment of eligibility. The individual or guardian shall have the right to submit additional evaluations, letters, or other information regarding continued eligibility which shall be considered by the area agency or bureau prior to issuing a decision.

(b) If the results of the above reassessment demonstrate that the person no longer meets the criteria for eligibility in He-M 522.03(a) or (b) , the area agency shall inform the person or guardian in writing of the determination and phase out the relevant services over the 12 months following the redetermination.

(c) Written notification to the person or guardian shall include the basis of the reason(s) for redetermination, including specific citation of the applicable law or department rule, the right to appeal, and the process for appealing the decision, including the names, addresses, and phone numbers of the office of client and legal services and advocacy organizations, such as the New Hampshire Disabilities Rights Center, that the individual or guardian may contact for assistance in appealing the decision.

(d) A person or guardian may appeal a denial of eligibility based on redetermination pursuant to He-M 522.19 or He-M 517.09.