Section He-M 202.02 - Definitions(a) "Abuse" means an act or omission by an employee of, or a contractor, consultant, or volunteer for an area agency or program which is not accidental and harms or is likely to harm an individual's physical, mental, or emotional health or safety and includes emotional abuse, physical abuse, and sexual abuse.(b) "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;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;c. Infectious diseases such as encephalitis and meningitis;f. Cerebrovascular disruption such as a stroke;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; orb. Deterioration in:4. Modulation of mood; or5. Awareness of deficits.(c) "Area agency" means "area agency" as defined in 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."(d) "Bureau" means the bureau of developmental services of the department of health and human services.(e) "Bureau administrator" means the chief administrator of the bureau of developmental services.(f) "Commissioner" means the commissioner of the department of health and human services or his or her designee.(g) "Complaint" means: (1) Any allegation or assertion that a right of an individual as set forth in He-M 310, rights of persons receiving developmental services or acquired brain disorder services in the community has been violated;(2) Any allegation or indication that an individual has been abused, neglected, or exploited by an employee of, or a contractor, consultant, or volunteer for an area agency or program; or(3) Any allegation or assertion that the department or an area agency or program has acted in an illegal or unjust manner with respect to an individual or category of individuals.(h) "Complaint investigator" means a person who is designated by the office of client and legal services to investigate and take other appropriate action on complaints.(i) "Department" means the department of health and human services.(j) "Developmental disability" means "developmental disability" as defined in RSA 171-A:2, V, namely, "a disability: a. 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; andb. 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."(k) "Emotional abuse" means any of the following when the act results, or is likely to result, in the mental anguish or emotional distress of an individual: (1) The misuse of power, authority, or both;(2) Verbal harassment; or(3) Unreasonable confinement.(l) "Exploitation" means the use of an individual's person or property for another's profit or advantage, or breach of a fiduciary relationship through improper use of an individual's person, property, or money including situations where a person obtains property or services from an individual through undue influence, harassment, duress, deception, or fraud.(m) "Founded" means that the facts indicate that a right of an individual under He-M 310 was violated.(n) "Guardian" means a person appointed pursuant to RSA 464-A or the parent of an individual under the age of 18 whose parental rights have not been terminated or limited by law.(o) "Incident report" means a document used to inform management, supervisory staff, or any other appropriate staff of a program or facility of a serious injury, or other event threatening the health or safety of individuals or staff.(p) "Individual" means a person with a developmental disability or acquired brain disorder who is applying for, eligible for, or receiving services from an area agency or program.(q) "Neglect" means an act or omission which results, or could result, in the deprivation of essential services necessary to maintain the minimum mental, emotional, or physical health of an individual.(r) "Office of client and legal services (OCLS)" means the client and legal services section of the department established by RSA 171-A:19 to, in part, assist the commissioner in responding to complaints by or on behalf of persons with developmental disabilities.(s) "Physical abuse" means the use of physical force which results, or could result, in physical injury to an individual.(t) "Program" means any service that is licensed, certified, funded, monitored, or regulated by the department, and supports persons with an acquired brain disorder or a developmental disability.(u) "Respondent" means the person, area agency, or program against whom a complaint is made.(v) "Rights violation" means a violation of a right enumerated in He-M 310.(w) "Sexual abuse" means contact or interaction of a sexual nature between an individual and an employee of, or a contractor, consultant, or volunteer for, an area agency or program.(x) "Systemic factors" means internal and external policies and processes that influence the department's or an area agency's or program's operations and effectiveness, including:(1) Practices regarding hiring, training, and managing employees;(2) Practices to assure quality of service and consumer satisfaction;(3) Practices to assure accurate fiscal management; and(4) Governmental regulations regarding licensing, funding, and service provision.(y) "Unfounded" means that the facts do not indicate that a right of an individual was violated.(z) "Unreasonable confinement" means any confinement that is neither medically necessary nor necessary for the protection of a person or to prevent harmful behavior, or confinement used with punitive intent.N.H. Admin. Code § He-M 202.02
(See Revision Note at part heading for He-M 202) #5830, eff 5-24-94, EXPIRED: 5-24-00
New. #7730, eff 7-24-02; ss by #9754, INTERIM, eff 7-24-10, EXPIRED: 1-20-11
New. #9962, eff 8-15-11
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12940, Effective 12/10/2019