N.H. Admin. Code § He-M 310.10

Current through Register No. 50, December 12, 2024

Section He-M 310.10 - Residency Agreement

(a) Individuals living in community residences shall enter into a residency agreement with the provider in accordance with (b)-(d) below.

(b) The individual or resident, legal guardian, if applicable, and provider shall complete the "New Hampshire Residency Agreement" (April 2023) outlining the following:

(1) The resident's right to:

a. Privacy in his or her sleeping and living unit;

b. Lockable doors to his or her sleeping or living unit with only appropriate staff having keys;

c. The ability to have visitors of his or her choosing at any time;

d. The choice of furnishings and decorations in his or her sleeping or living unit;

e. The choice of roommate, if bedrooms are shared;

f. Have access to food at any time;

g. An inventory of personal property valued at $25.00 or greater, as well as any item of sentimental value to the resident, that will occur on the day of move-in and will be updated quarterly to ensure accuracy; and

h. Modifications of his or her rights in a. through g. above, pursuant to He-M 310.09(h) and (i);

(2) The responsibilities as a resident to include:

a. Maintaining cleanliness of his or her sleeping or living unit and shared living spaces; and

b. Reviewing and signing a complete inventory of personal property valued at $25.00 or greater, as well as any item of sentimental value to the resident on the day of move-in, quarterly to ensure accuracy, and on the day of departure of the residence;

(3) The responsibilities as a provider to include:

a. Maintaining a safe residential environment;

b. Always treating the resident with dignity and respect;

c. Implementing the resident's approved individual service agreement and approved behavior support plan;

d. Providing services in accordance with all applicable state regulations, and the contract with the provider agency; and

e. Assisting, as necessary, the resident to develop and maintain an inventory of personal property, valued at $25.00 or more, as well as any item of sentimental value to the resident and ensuring that upon termination of the residency agreement, the resident receives all personal property listed on the most recent inventory.

(c) If the provider chooses to end the residency agreement:

(1) The provider shall notify the resident, legal guardian, if applicable, and service coordinator in writing of the intended termination of the residency agreement, and the reason(s) therefor, at least 90 calendar days before the proposed termination date of the residency agreement, and in an agency residence, inform the resident that this notice is not an order requiring them to vacate the residence, and include the rights of the resident to appeal the provider's decision to terminate the residency agreement, in accordance with He-M 310.12 below;

(2) The resident or legal guardian, if applicable, shall have the right to request a team meeting to discuss whether the provider would reconsider the notice;

(3) Upon receipt of the notice required in (c)(1) above, the service coordinator shall convene a team meeting within 10 calendar days to develop a transition plan for the resident in order to ensure an appropriate transition to an alternative residence;

(4) In cases where the behavior of the resident poses a serious threat of bodily harm to the provider or others living in the residence, or substantial damage to the residence or property, the provider shall notify the resident, legal guardian, if applicable, and the service coordinator of the situation and provide 72 hours' notice before the proposed termination date, and in an agency residence, inform the resident that this notice is not an order requiring them to vacate the residence, and include the rights of the resident to appeal the provider's decision to terminate the residency agreement, in accordance with He-M 310.12 below;

(5) Upon receipt of notification in (4) above, the service coordinator, or designee, shall immediately convene a team meeting within 24 hours to determine and take the appropriate course of action to ensure the resident's health and safety, and ensure that the resident has access to an alternative safe residence;

(6) In an agency residence, if the resident fails to vacate the residence by the proposed termination date, the provider shall issue a notice to the resident or legal guardian if applicable, for the resident to vacate the residence within 3 days, and include the rights of the resident to appeal the notice in accordance with He-M 310.12 below, and remain in the residence in accordance with He-M 310.12(d); and

(7) In the absence of the conditions for termination provided in (4) above, an agency residence shall only terminate the residency agreement for the following reasons:

a. If the termination is necessary for the resident's welfare and the resident's needs can no longer be met at the agency residence;

b. The agency resident ceases to operate; or

c. Other good cause, which need not be based on the action or inaction of the resident including, but not limited to any legitimate business or economic reasons.

(d) If the resident chooses to end the residency agreement:

(1) The resident or legal guardian if applicable, shall notify the provider and service coordinator in writing of the intended termination of residency agreement 90 calendar days prior to the proposed termination date;

(2) In cases where the behavior of the provider poses a serious threat of bodily harm to the resident or others living in the residence, or substantial damage to the residence or property, the resident or legal guardian, if applicable, shall notify the service coordinator of the situation and the resident, legal guardian, or service coordinator shall provide 72 hours' notice before the proposed termination date; and

(3) Upon receipt of notification in (2) above, the service coordinator, or designee, shall immediately convene a team meeting, in accordance with the requirements of He-M 503, within 24 hours to determine the appropriate course of action to ensure the residents health and safety, and that the resident has access to an alternative safe residence and ensure that the complaint procedure in He-M 202 is initiated.

(e) The residency agreement shall be renewed on an annual basis, at the time of the annual service agreement.

(f) The resident or provider may request a team meeting at any time to discuss the terms of the residency agreement.

(g) Upon termination of the residency agreement, the resident shall be entitled to all personal property as reflected on the most current inventory of the resident's property.

N.H. Admin. Code § He-M 310.10

Derived from Number 28, Filed July 13, 2023, Proposed by #13676, Effective 6/24/2023, Expires 6/24/2033.