N.H. Admin. Code § He-M 401.14

Current through Register No. 50, December 12, 2024

Section He-M 401.14 - Suspension and Termination of Services

(a) A consumer shall be suspended from a CMHP's service(s) if:

(1) The consumer:

a. Endangers or threatens to endanger other consumers or staff and the clinical circumstances would not result in an involuntary emergency admission pursuant to RSA 135-C:27-33;

b. Is no longer benefiting from service(s) he or she is receiving; or

c. Meets suspension provisions as part of the treatment program as specified in the consumer's individual service plan or as specified in the CMHP's policies and procedures;

(2) The suspension has been approved by the CMHP's chief executive officer or designee as meeting the criteria specified herein; and

(3) The consumer and his or her guardian, if any, have received written and verbal notice prior to the suspension which shall:

a. Specify the effective date of the suspension;

b. Specify the length of time the suspension is to last;

c. List the clinical or management reasons for the suspension; and

d. Explain the rights to appeal and the appeal process pursuant to He-M 204.

(b) Suspension of a consumer shall not exceed 5 program days except as required by He-M 401.14(h) ;

(c) A CMHP shall maintain documentation in the record of a consumer who has been suspended that:

(1) The consumer has been notified of the suspension; and

(2) The suspension has been approved by the CMHP's chief executive officer or designee.

(d) A consumer shall be terminated from a CMHP's service(s), with the exception of emergency services, if:

(1) The consumer:

a. Endangers or threatens to endanger, other consumers or staff requiring intervention of law enforcement, or engages in illegal activity on the property of the CMHP; and

b. The clinical circumstances would not appropriately result in an involuntary emergency admission pursuant to RSA 135-C:27-33;

(2) The consumer is no longer benefiting from the service(s) he or she is receiving;

(3) The consumer refuses to pay for the services that he or she is receiving despite having the financial resources to do so; or

(4) The consumer refuses to apply for benefits that could cover the cost of the services that he or she is receiving despite the fact that the consumer is or may be eligible for such benefits.

(e) A termination from CMHP services shall not occur unless:

(1) It has been approved by the CMHP's chief executive officer or designee as meeting the criteria specified herein; and

(2) The CMHP has given a written and verbal notice to the consumer and consumer's guardian, if any, at least 30 days prior to the termination which shall:

a. Give the effective date of termination;

b. List the clinical or management reasons for termination; and

c. Explain the rights to appeal and the appeal process pursuant to He-M 204.

(f) A CMHP shall document in the record of a consumer who has been discharged that:

(1) The consumer has been notified of the termination; and

(2) The termination has been approved by the CMHP's program director.

(g) A CMHP shall notify the bureau of all terminations of service.

(h) If a consumer is endangering or threatens to endanger other consumers or staff, or engages in illegal activity on the property of the CMHP and 30 days' notice would place at risk those threatened, the CMHP shall suspend the consumer from the services and then start the termination process.

N.H. Admin. Code § He-M 401.14

#6644, eff 12-2-97; ss and moved by #8155, eff 9-2-04 (from He-M 401.16), EXPIRED: 9-2-12

New. #10256, INTERIM, eff 1-24-13, EXPIRES: 7-23-13; ss by #10383, eff 7-23-13