Section He-M 202.05 - Informal Resolution(a) At the individual's option or, if the individual has a guardian, at the option of the guardian, and except in cases of reported abuse, neglect, or exploitation, complaints may be addressed informally pursuant to (e) below by convening a meeting with the appropriate parties or by administrative action by the area agency or program.(b) At any time during informal resolution, the individual or, if the individual has a guardian, his or her guardian may request a formal investigation.(c) The complaint investigator shall promptly advise the individual on whose behalf a complaint is filed and his or her guardian and service coordinator of: (1) All the available rights protection procedures including informal resolution pursuant to (e) below and complaint investigation pursuant to He-M 202.07; (2) The individual's right at any time to pursue a formal investigation if informal resolution efforts do not address the issue in a manner deemed satisfactory by the individual or guardian; and(3) The individual's right, at his or her expense, to have the assistance of an advocate such as the Disability Rights Center - NH or New Hampshire Legal Assistance.(d) The individual or, if the individual has a guardian, his or her guardian shall provide to the complaint investigator, within 2 business days, an indication of whether he or she prefers informal resolution or an investigation. The complaint investigator shall investigate the complaint pursuant to He-M 202.07 if he or she is not contacted by the individual or guardian.(e) When an individual or, if the individual has a guardian, his or her guardian chooses the informal resolution option: (1) The complaint investigator shall notify the appropriate area agency of the choice;(2) The area agency shall designate a person to facilitate the resolution within 2 business days;(3) The area agency designee shall: a. Attempt to resolve the complaint within 15 business days; andb. Notify the complaint investigator, in writing, of the status of the complaint upon resolution or at the end of the 15 business days, whichever is earlier;(4) Upon notice pursuant to (3) b. above, the complaint investigator shall contact the individual or his or her guardian to determine the individual's satisfaction with the outcome;(5) If the complaint has been resolved, no further action shall be required; and(6) If the complaint has not been resolved, the complaint investigator shall conduct a formal investigation.(f) A guardian shall be involved in a complaint only if he or she has authority over the particular matter which is the subject of the complaint, as identified in the letter of guardianship issued pursuant to RSA 464-A:11.(g) Within the limitations of (f) above, a guardian shall:(1) Have authority to do the following on behalf of his or her ward:b. Pursue informal resolution;c. Withdraw a complaint made by the guardian or ward; ord. Pursue an appeal pursuant to He-M 202.08; and(2) Consider the preferences of the ward to the extent that the guardian deems appropriate.N.H. Admin. Code § He-M 202.05
(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