Section He-M 1302.08 - Determination of Appropriateness for Nursing Facility Services(a) For applicants who require nursing facility services pursuant to He-M 1302.07, but could be served in a community setting with supports identified in He-M 1302.04(a) (2) d., the PASRR office shall:(1) Advise the applicant or his or her legal representative that the individual could receive services in a home or other community-based setting;(2) Advise the applicant or his or her legal representative of the community-based programs provided by the regional area agency, community mental health center, or other agencies;(3) Inform the applicant or his or her legal representative that the applicant may choose to receive services in a setting of his or her choice, including a nursing facility, following an informed decision; and(4) Provide written notice of the information provided in (1) - (3) above to the applicant or his or her legal representative.(b) If an applicant is determined to need nursing facility services pursuant to He-M 1302.07, and either, after making an informed decision not to accept services in a community setting pursuant to (e) below or it is determined that the person cannot be served in the community, the PASRR office shall determine whether a specific nursing facility is an appropriate placement for the applicant.(c) For applicants requiring services pursuant to He-M 1302.07, the PASRR office shall specify length of stay allowances based on an applicant's specific needs and circumstances.(d) Applicants shall not be approved for nursing facility services: (1) If they do not meet the criteria of He-M 1302.07; or(2) If no nursing facility is an appropriate placement.(e) If an applicant wishes to make an informed decision to reside in a nursing facility after it is determined by the PASRR office that the applicant meets the minimum standard for nursing facility services pursuant to He-M 1302.07 and identifies programs that provide community-based supports, the PASRR office shall request that the person sign a statement indicating that he or she is making an informed decision to receive nursing facility services in a nursing facility.(f) In those cases where the decision of an applicant or applicant's legal representative pursuant to (e) above jeopardizes the health, safety, or welfare of the applicant, the PASRR office shall, as applicable: (1) Seek the appointment of a guardian pursuant to RSA 464-A:9, III;(2) Seek the appointment of a guardian ad litem pursuant to RSA 464-A:41;(3) Seek the termination of a power of attorney pursuant to RSA 506:7 or RSA 137-J:16; or(4) In those situations where abuse, neglect, or exploitation of applicants is suspected, make a referral to adult protective services of the bureau of elderly and adult services and make a report to the department's office of client and legal services.(g) The PASRR office shall inform the applicant of its determination and recommendations in writing.N.H. Admin. Code § He-M 1302.08
#6063 eff 8-1-95; ss by #7920, INTERIM, eff 8-2-03, EXPIRED: 1-29-04
New. #8035, eff 2-7-04, EXPIRED: 2-7-12
New. #10123, INTERIM, eff 4-30-12, EXPIRES: 10-29-12; ss by #10216, eff 10-29-12 (from He-M 1302.06 )