New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 805 - SUPPORTED RESIDENTIAL HEALTH CARE FACILITY LICENSING RULES
Section He-P 805.03 - Definitions

(a) "Abuse" means any one of the following:

(b) "Activities of daily living (ADL) " means basic daily routine tasks such as eating, transferring, toileting, bathing, dressing, and medication management.

(c) "Addition" means an increase in the building area, aggregate floor area, building height, or number of stories of a structure.

(d) "Administer" means an act whereby one or more doses of a medication is instilled into the body, applied to the body of, or otherwise given to a person for immediate consumption or use by an individual authorized by law, including RSA 318-B and RSA 326-B.

(e) "Administrative remedy" means an action imposed upon a licensee in response to non-compliance with RSA 151 and He-P 805.

(f) "Administrator" means the licensee or individual appointed by the licensee to be responsible for all aspects of the daily operation of the licensed premise.

(g) "Admission" means the point in time when a resident, who has been accepted by a licensee for the provision of services, physically moves into the facility.

(h) "Agent" means an adult to whom authority to make health care decisions is delegated under an activated durable power of attorney for health care executed in accordance with RSA 137-J.

(i) "Applicant" means an individual, agency, partnership, corporation, government entity, association, or other legal entity seeking a license to operate an SRHCF pursuant to RSA 151.

(j) "Assessment" means an evaluation of the resident to determine the care and services that are needed.

(k) "Care plan" means a written guide developed by the licensee, in consultation with the resident and/or guardian, agent or personal representative, if applicable, as a result of the assessment process for the provision of care and services as required by He-P 805.16(d) - (j) .

(l) "Change of ownership" means the transfer of the controlling interest of an established SRHCF to any individual, agency, partnership, corporation, government entity, association or other legal entity.

(m) "Chemical restraints" means any medication prescribed to control a resident's behavior or emotional state without a supporting diagnosis, or without the presence of a hospice plan of care, or for the convenience of program personnel.

(n) "Core services" means those services provided by the licensee that are included in the basic rate.

(o) "Commissioner" means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(p) "Days" means calendar days unless otherwise specified in the rule.

(q) "Deficiency" means any action, failure to act or other set of circumstances that cause a licensee to be out of compliance with RSA 151 or He-P 805 or other federal and state requirements.

(r) "Department" means the New Hampshire department of health and human services at 129 Pleasant Street, Concord, NH 03301.

(s) "Direct care" means the provision of hands on care and services to a resident.

(t) "Directed plan of correction" means a plan developed and written by the department that specifies the actions the licensee must take to correct identified deficiencies.

(u) "Elopement" means when a resident who is cognitively, physically, mentally, emotionally, and/or chemically impaired and is no longer making decisions on their own behalf, wanders away, walks away, runs away, escapes, or otherwise leaves a caregiving facility or environment unsupervised, unnoticed, and/or prior to their scheduled discharge.

(v) "Emergency plan" means a document outlining the responsibilities of personnel in an emergency.

(w) "Exploitation" means the illegal use of a resident's person or property for another person's profit or advantage, or the breach of a fiduciary relationship through the use of a person or person's property for any purpose not in the proper and lawful execution of a trust, including, but not limited to, situations where a person obtains money, property, or services from a resident through the use of undue influence, harassment, duress, deception, or fraud.

(x) "Guardian" means a person appointed in accordance with RSA 464-A to make informed decisions relative to the resident's health care and other personal needs.

(y) "Health care occupancy" means facilities that provide sleeping accommodations for individuals who are incapable of self-preservation.

(z) "Household member" means the caregiver, all family members and any other individuals age 17 or older, other than residents, that reside at the licensed premises for more than 30 days.

(ba) "Procedure" means a licensee's written, standardized method of performing duties and providing services.

(bb) "Protective care" means the provision of resident monitoring services, including but not limited to:

(bc) "Reconstruction" means the reconfiguration of a space:

(bd) "Renovation" means the replacement in kind or strengthening of load-bearing elements, or the refinishing, replacement, bracing, strengthening, or upgrading of existing materials, elements, equipment, or fixtures, without involving the reconfiguration of spaces.

(be) "Repair" means repair, other than the patching, restoration, or painting of materials, elements, equipment, or fixtures for the purpose of maintaining such materials, elements, equipment, or fixtures in good or sound condition.

(bf) "Reportable incident" means an occurrence of any of the following while the resident is either in the SRHCF or in the care of SRHCF personnel:

(bg) "Resident" means any person admitted to or in any way receiving care, services or both who resides in a SRHCF.

(bh) "Resident assessment tool (RAT) " means the document developed by the department to assess the needs of a resident or potential resident as required by RSA 151:5-a, I.

(bi) "Residential board and care", as defined in NFPA 101 of the fire code, means a facility where residents are provided with personal care and activities that foster continued independence and residents are trained and required to respond to fire drills to the extent they are able. These facilities are further grouped as "small", 4-16 beds or "large", over 16 beds.

(bj) "Residential care facility", as defined in NFPA 101 of the fire code, means a long term care residence providing personal assistance at the residential care level pursuant to RSA 151:9, VII(a) (1) .

(bk) "Resident record" means a separate file maintained for each resident, which includes all documentation required by RSA 151 and He-P 805 and as required by other federal and state law.

(bl) "Respite care" means the admission of a person from his or her primary residence to an SRHCF, on either a planned or emergency basis, for a period not to exceed 30 days in order to relieve the primary caregiver from the demands of providing home-based care.

(bm) "Self administration with assistance" means the resident takes his or her own medication(s) after being prompted by personnel, but without requiring physical assistance from others.

(bn) "Self administration without assistance" means an act whereby the resident takes his or her own medication(s) without the assistance of another person.

(bo) "Self directed medication administration" means an act whereby a resident, who has a physical limitation that prohibits him or her from self-administering, directs personnel to physically assist in the medication process.

(bp) "Service" means a specific activity performed by the licensee, either directly or indirectly, to benefit or assist a resident.

(bq) "Severe mobility impairment" means the ability to move to stairs but without the ability to use them.

(br) "Significant change" means a change in cognitive or physical capabilities that decreases a resident's ability to care for himself beyond an episodic event.

(bs) "State monitoring" means the placement of individuals by the department at an SRHCF to monitor the operation and conditions of the facility.

(bt) "Stock medication" means over-the-counter medication available for use by more than one resident.

(bu) "Supported residential health care facility (SRHCF) " means a long-term care residence providing personal assistance at the supported residential care level pursuant to RSA 151:9, VII(a) (2) .

(bv) "Therapeutic diet" means a diet ordered by a licensed practitioner or other licensed professional with prescriptive authority as part of the treatment for disease, clinical conditions, or increasing or decreasing specific nutrients in the food consumed by the resident.

(bw) "Unexplained absence" means an incident involving a resident leaving the premises of the SRHCF without the knowledge of the SRHCF personnel in a manner that is contrary to their normal routine.

(bx) "Written and signed orders" means a document, produced electronically or via paper, by a licensed practitioner for medications, treatments, recommendations, and referrals, and signed by the licensed practitioner using terms such as authorized by, authenticated by, approved by, reviewed by or any other term that denotes approval by the licensed practitioner.