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 700 - GLENCLIFF HOME
Part He-M 701 - ADMISSIONS TO GLENCLIFF HOME
Section He-M 701.02 - Definitions

Universal Citation: NH Admin Rules He-M 701.02

Current through Register No. 52, December 26, 2024

(a) "Administrator" means the chief administrator of Glencliff home, or his or her designee.

(b) "Area agency" means "area agency" as defined under RSA 171-A:2, I-b, namely, "an entity established as a nonprofit corporation in the state of New Hampshire which is established by rules adopted by the commissioner to provide services to developmentally disabled persons in the area."

(c) "Community mental health program (CMHP) " means a program operated by the state, city, town, or county, or a community based New Hampshire nonprofit corporation for the purposes of planning, establishing, and administering an array of community-based, mental health services pursuant to He-M 403 and as defined in RSA 135-C:2, IV.

(d) "Developmental disability" means "developmental disability" as defined under RSA 171-A:2, V, namely:

(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."

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

(f) "Informed decision" means a choice made voluntarily by a patient or applicant for services or, where appropriate, such person's legal guardian, after all relevant information necessary to making the choice has been provided, when:

(1) The person understands that he or she is free to choose or refuse any available alternative;

(2) The person clearly indicates or expresses his or her choice; and

(3) The choice is free from all coercion.

(g) "Licensed practitioner" means a medical doctor, physician's assistant, advanced practice registered nurse, doctor of osteopathy, or doctor of naturopathic medicine licensed to practice in New Hampshire, or his or her designee.

(h) "Least restrictive alternative" means the program or service which least inhibits a person's freedom of movement and participation in the community and accommodates the person's informed decision-making while achieving the purposes of treatment.

(i) "Medical assistance" means the federally financed medical assistance program established pursuant to Title XIX and Title XXI of the Social Security Act.

(j) "Mental illness" means a condition of a person who is determined to have a severe and persistent mental illness or severe mental illness in accordance with He-M 401.05 through He-M 401.07 and who has at least one of the following psychiatric disorders classified in the Diagnostic and Statistical Manual of Mental Disorders (Fifth Edition, Text Revision) (DSM-5), available as listed in Appendix A:

(1) Schizophrenia spectrum and other psychotic disorders, except for the following:
a. Schizotypal personality disorder;

b. Substance or medication induced psychotic disorder; and

c. Psychotic disorder due to another medical condition;

(2) Bipolar and related disorders, except for the following:
a. Substance or medication induced bipolar and related disorder; and

b. Bipolar disorder and related disorder due to another medical condition;

(3) Depressive disorders, except for the following:
a. Disruptive mood dysregulation disorder;

b. Premenstrual dysphoric disorder;

c. Substance or medication induced depressive disorder; and

d. Depressive disorder due to another medical condition;

(4) Borderline personality disorder;

(5) Panic disorder;

(6) Obsessive compulsive disorder;

(7) Post traumatic stress disorder;

(8) Bulimia nervosa;

(9) Anorexia nervosa;

(10) Other specific feeding or eating disorders;

(11) Unspecified feeding or eating disorders; and

(12) Major neurocognitive disorders where psychiatric symptom clusters cause significant functional impairment and one or more of the following symptom categories are the focus of psychiatric treatment:
a. Anxiety;

b. Depression;

c. Delusions;

d. Hallucinations;

e. Paranoia; and

f. Behavioral disturbance.

(k) "Nursing facility" means an institution, or a distinct part of an institution, which provides one or more of the following as defined in Section 1919(a) of the Social Security Act and is not primarily for the care and treatment of mental diseases:

(1) Skilled nursing care or intermediate nursing care and related services for residents who require medical or nursing care;

(2) Rehabilitation services for the rehabilitation of injured, disabled, or sick individuals; or

(3) On a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services, above the level of room and board, which can be made available to them only through an institution.

#2817, eff 8-16-84; EXPIRED: 8-16-90

New. #5224, eff 9-12-91, EXPIRED: 9-12-97

New. #7165, eff 12-18-99, EXPIRED: 12-18-07

New. #9502, eff 7-3-09, EXPIRED: 7-3-17 in 701.02 intro. and paras (a)-(c), (e), (f), & (h)-(k); amd by #9567, eff 10-16-09, EXPIRED: 10-16-17 in paras. (d) & (g)

New. #12406, INTERIM, eff 10-24-17, EXPIRED: 4-22-18

New. #12519, eff 4-25-18

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