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 525 - PARTICIPANT DIRECTED AND MANAGED SERVICES
Section He-M 525.02 - Definitions

Universal Citation: NH Admin Rules He-M 525.02

Current through Register No. 40, October 3, 2024

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

(b) "Area agency director" means that person who is appointed as executive director or acting executive director of an area agency by the area agency's board of directors.

(c) "Bureau" means the bureau of developmental services of the department of health and human services.

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

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

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

(a) Which is attributable to 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."

(g) "Direct and manage" means to be actively involved in all aspects of the service arrangement, including:

(1) Designing the services;

(2) Selecting the service providers;

(3) Deciding how the authorized funding is to be spent based on the needs identified in the individual's service agreement; and

(4) Performing ongoing oversight of the services provided.

(h) "Employer" means an area agency or subcontract agency or person that handles legally defined and other employer-related functions such as, but not limited to:

(1) Paying employer taxes;

(2) Withholding employee taxes;

(3) Performing other payroll functions, including issuing paychecks;

(4) Providing workers' benefits; and

(5) Obtaining workers' compensation and liability insurance.

(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 or acquired brain disorder.

(j) "Guardian" means a person appointed pursuant to RSA 547-B, RSA 463, or RSA 464-A or the parent of a child under the age of 18 whose parental rights have not been terminated or limited by law.

(k) "Home provider" means a person who is under contract with the area agency, a subcontract agency, or another entity and who is responsible for providing services to an individual in the provider's home.

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

(m) "Informed decision" means "informed decision" as defined in RSA 171-A:2, XI.

(n) "Nursing-related tasks" means those nursing services that are delegated to unlicensed personnel and:

(1) That are routine in nature;

(2) That do not require nursing judgment;

(3) That pose little risk to the individual if done inappropriately or incorrectly; and

(4) Whose outcomes are stable and predictable.

(o) "Participant directed and managed services (PDMS) " means services provided pursuant to He-M 525 whereby the individual or representative, if applicable, directs and manages the services as defined in (g) above. Services include assistance and resources to individuals in order to maintain or improve their skills and experiences in living, working, socializing, and recreating.

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

(q) "Representative" means:

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

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

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

(r) "Respite" means the provision of short-term care, in accordance with He-M 513, for an individual in or out of the individual's home for the temporary relief and support of the family with whom the individual lives.

(s) "Service coordinator" means a person who meets the criteria in He-M 503.08(e) - (f) and is chosen or approved by an individual and his or her guardian or representative and designated to organize, facilitate, and document service planning and to negotiate and monitor the provision of the individual's services and who is:

(1) An area agency service coordinator, family support coordinator, or any other area agency or subcontract agency employee;

(2) A member of the individual's family;

(3) A friend of the individual; or

(4) Any other person chosen by the individual.

(t) "Sheltered workshop" means a program run by an area agency or a subcontract agency, person, or entity that provides a segregated work environment.

(u) "Staff" means a person employed by an area agency, subcontract agency, or other employer.

(v) "Staffed home" means a residence owned or leased by an area agency or subcontract agency exclusive of any independent living arrangement where supports are provided to the individual.

(w) "Subcontract agency" means an entity that is under contract with any area agency to provide services to individuals who have a developmental disability or acquired brain disorder.

(x) "Team" means that group that participates in service planning and review meetings and includes the individual and his or her service coordinator and representative and others invited by the individual.

#9391, eff 2-21-09; ss by #9890-A, eff 3-22-11

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