N.H. Admin. Code § He-M 310.07

Current through Register No. 50, December 12, 2024
Section He-M 310.07 - Termination of Services
(a) Except as provided in (g) below, an individual's services shall not be terminated unless:
(1) Such termination is deemed in the best interest of the individual;
(2) The individual can function independently without such service;
(3) The individual has received optimal benefit from the service;
(4) The individual or representative refuses to pay for the services that he or she is receiving despite having the financial resources to do so; or
(5) The individual or representative refuses to apply for benefits that could cover the cost of the services that he or she is receiving despite the fact that the individual is or might be eligible for such benefits.
(b) Provider agencies shall only terminate services to individuals in accordance with RSA 171-A:8.
(c) Prior to any termination of service, the provider agency shall give the individual 30 days' notice.
(d) The notice shall:
(1) Be in writing;
(2) Contain the reasons for the termination;
(3) Contain the effective date of the termination; and
(4) Explain that the individual, guardian, or representative has the right to appeal the termination in accordance with He-M 202 and He-C 200.
(e) Services shall be continued while an administrative appeal under He-M 202 or He-C 200 is pending.
(f) In every instance of termination, the area agency shall recommend appropriate services or be responsible for contacting the individual in accordance with RSA 171-A:8, II.
(g) Services to persons involuntarily admitted in accordance with RSA 171-B shall not be terminated except as provided in RSA 171-A:8, V.

N.H. Admin. Code § He-M 310.07

#4413, eff 4-27-88; ss by #5094, eff 3-15-91; ss by #6212, INTERIM, eff 3-30-96, EXPIRES: 12-31-98; ss by #6758, eff 5-27-98; ss by #8640, INTERIM, eff 5-27-06, EXPIRES: 11-23-06; ss by #8701, eff 8-4-06

Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10821, Effective 4/25/2015, Expires4/25/2025.
Amended by Number 28, Filed July 13, 2023, Proposed by #13676, Effective 6/24/2023, Expires 6/24/2033.