N.H. Admin. Code § He-M 1001.02

Current through Register No. 50, December 12, 2024

Section He-M 1001.02 - Definitions

The words and phrases used in this chapter shall have the following meanings:

(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;

(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; or

h. Other neurological disorders, such as Huntington's disease or multiple sclerosis, which predominantly affect the central nervous system; and

(5) Is manifested by:

a. Significant decline in cognitive functioning and ability;

b. Deterioration in:

1.Personality;

2.Impulse control;

3.Judgment;

4.Modulation of mood; or

5.Awareness of deficits; or

c. Both a. and b. above.

(b) "Agency residence" means a residence operated by staff of an area agency or a provider agency.

(c) "Area" means "area" as defined in RSA 171-A:2, I-a, namely "a geographic region established by rules adopted by the commissioner for the purpose of providing services to developmentally disabled persons."

(d) "Area agency" means an entity established as a non-profit corporation in the state of New Hampshire which is designated by the department to provide services to persons with developmental disabilities in the area in accordance with RSA 171-A:18 and He-M 505.

(e) "Behavioral change program" means a written plan, protocol, or procedure that outlines strategies including, but not limited to:

(1) Physical environment modifications;

(2) Restrictive strategies;

(3) Use of monitoring devices; or

(4) Other strategies for altering behavior.

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

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

(h) "Certificate holder" means the person or agency in whose name a community residence's certification is issued.

(i) "Certification" means the written approval by the director for the office of operations support for the operation of a community residence in accordance with He-M 1001.

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

(k) "Community residence" means either an agency residence or family residence, exclusive of any independent living arrangement, that:

(1) Provides residential services for at least one individual with a developmental disability in accordance with He-M 503, or an acquired brain disorder in accordance with He-M 522;

(2) Provides services and supervision for an individual on a daily and ongoing basis, both in the home and in the community, unless the individual's service agreement states that the individual may be without supervision for specified periods of time;

(3) Serves individuals whose services are funded by the department; and

(4) Is certified pursuant to He-M 1001.

(l) "Day service" means the educational, vocational, or leisure activity for an individual that corresponds to the activities of school, work, or retirement.

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

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

(1) 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

(2) Which originates before such individual attains age 22, has continued or can be expected to continue indefinitely, and constitutes a severe handicap to such individual's ability to function normally in society."

(o) "Emergency" means an unexpected occurrence or set of circumstances in an individual's life which consists of, culminates in, or has resulted from serious physical or psychological injury, or both, and requires immediate remedial attention.

(p) "Family residence" means a community residence operated:

(1) Exclusively by a person or family residing therein; and

(2) Under contract with an area agency or provider agency.

(q) "Independent living arrangement" means a situation where an individual does not receive daily and ongoing services and supervision but receives assistance, as needed, to maintain or develop skills to live independently and prevent circumstances that could necessitate more intrusive and costly services.

(r) "Individual" means a person with a developmental disability or acquired brain disorder who receives services from an area agency.

(s) "License" means the written approval from the department of health and human services issued in accordance with either RSA 151 or RSA 170-E.

(t) "Licensed practitioner" means a medical doctor, dentist, physician's assistant, advanced registered nurse practitioner, doctor of osteopathy, or doctor of naturopathic medicine.

(u) "Nurse trainer" means a registered nurse who has been designated as a trainer pursuant to He-M 1201.09.

(v) "Provider" means a person who is employed by, has a contract with, or receives any form of remuneration from an area agency, provider agency, individual, or family to deliver residential services to an individual.

(w) "Provider agency" means an area agency or an entity under contract with an area agency that is responsible for the operation or supervision of an agency residence or family residence.

(x) "Residence administrator" means a person designated by a provider agency who has the authority to oversee the operation of a community residence.

(y) "Service agreement" means a written document prepared pursuant to He-M 503.11.

(z) "Service coordinator" means a person who is chosen or approved by an individual and his or her guardian and designated by the area agency 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 provider agency employee;

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

(3) A friend of the individual; or

(4) Another person chosen to represent the individual.

(aa) "Staff" means an employee of an area agency, provider agency, or family who provides direct services to an individual.

(ab) "Supervision" means that a provider or his or her designee, who has been approved in a manner agreed upon by the service coordinator and legal guardian, if applicable, is physically present and able to assist an individual in the home and community.

(ac) "Team" means a service coordinator, individual, guardian, if applicable, and others invited by the individual to participate in the service planning and review meetings.

N.H. Admin. Code § He-M 1001.02

(See Revision Note at part heading for He-M 1001) #5867, eff 9-1-94, EXPIRED: 9-1-00; amd by #6582, eff 9-19-97

New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12650, Effective 10/24/2018, Expires 4/22/2028.