Section He-M 403.02 - DefinitionsThe words and phrases used in these rules shall mean the following:
(a) "Administrator" means the administrator of the bureau of behavioral health.(b) "Advisory board" means the governing body of a governmental community mental health program (CMHP) .(c) "Applicant" means a city, town, county, or nonprofit corporation that has submitted the required materials to the bureau for consideration for approval as a CMHP.(d) "Approval" means a written decision by the administrator that an applicant has been determined to be in compliance with the eligibility requirements set forth in He-M 403 and has been approved as a CMHP for the region.(e) "Area agency" means "area agency" as defined in RSA 171-A:2, I-b.(f) "Board" means board of directors or advisory board.(g) "Board of directors" means the governing body of a nongovernmental CMHP.(h) "Bureau" means the bureau of behavioral health of the department of health and human services.(i) "Commissioner" means the commissioner of the department of health and human services.(j) "Community mental health program (CMHP) " means a program operated by the state, city, town, or county, or a community based New Hampshire nonprofit corporation for the purpose of planning, establishing, and administering an array of community-based, mental health services pursuant to He-M 403 and as defined in RSA 135-C:2, IV.(k) "Conditional reapproval" means a written ruling by the administrator that a CMHP has partially complied with the reapproval criteria listed in He-M 403.09 and that continued approval is contingent upon fulfilling certain requirements determined by the administrator.(l) "Consumer" means an individual who is or has been determined eligible for bureau funded community mental health services pursuant to He-M 401.(m) "Developmental disability" means "developmental disability" as defined in RSA 171-A:2, V, namely, "a disability:(1) Which is attributable to 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; and(2) Which originates before such individual attains age 22, has continued or can be expected to continue indefinitely, and constitutes a severe handicap to such individual's ability to function normally in society."(n) "Disaster" means any event that causes major upheaval or turmoil in a community, such as floods, fires, and earthquakes, transportation accidents, violent acts, or other events causing mass casualties, with one result being that many citizens require related support, comfort, and assistance.(o) "Generic services" means services available to the general population that are not specifically designed for persons with mental illness.(p) "Governmental CMHP" means a program operated by the state, city, town, or county, for the purpose of planning, establishing, and administering an array of community-based mental health services pursuant to He-M 403.(q) "Intake" means the process used to determine eligibility for CMHP services pursuant to He-M 401.03.(r) "Integrated activity" means personal interaction between persons with and without mental illness which occurs within community settings.(s) "Least restrictive environment" means the program or service which least inhibits a client's freedom of movement, informed decisions, and participation in the community, while achieving the purposes of habilitation and treatment.(t) "Mental illness" means the following psychiatric disorders classified in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR), July 2000: (1) Schizophrenia and other psychotic disorders;(3) Borderline personality disorder;(4) Post traumatic stress disorder;(5) Obsessive compulsive disorder;(7) Dementia, where the psychiatric symptoms cause the functional impairments and one or more of the following co-morbid symptoms exist: (u) "Natural environments" means integrated community settings where persons with and without mental illness live, work and pursue leisure activity.(v) "Nongovernmental CMHP" means an incorporated nonprofit program operated for the purpose of planning, establishing and administering an array of community-based mental health services pursuant to He-M 403.(w) "Office of Inspector General's List of Excluded Individuals/Entities" means a database maintained by the Office of Inspector General of the U.S. Department of Health and Human Services that provides information to the health care industry and the public regarding persons and entities currently excluded from participation in Medicare, Medicaid and all other Federal health care programs due to a conviction related to the Medicare or Medicaid program, a conviction related to patient abuse, or an action taken by a state licensing authority.(x) "Person with mental illness" means an adult with a mental illness or a child or adolescent with a severe emotional disturbance who has been determined eligible pursuant to He-M 401.(y) "Preadmission screening and annual resident review (PASARR) " means procedures by which the bureau, in conformance with section 1919 (e) (7) of the Social Security Act, determines whether persons with mental illness and/or developmental disability who are applying for admission to, or currently residing in, medicaid certified nursing facilities are in need of nursing home level of care and, if so, whether they are in need of specialized services.(z) "Recovery" for a person with a mental illness means development of personal and social skills that minimize susceptibility to symptoms of illness and minimize dependence on professional supports.(aa) "Region" means a geographic area defined and designated in He-M 425 for the purpose of assigning primary responsibility for providing mental health services to the residents of certain communities.(ab) "Serious emotional disturbance" means severe mental disability in persons under the age of 18, and includes psychiatric disorders classified as axis I disorders or an axis II borderline personality disorder in the DSM-IV-TR with the exception of substance abuse disorders and V codes, which are conditions not attributable to a mental disorder.N.H. Admin. Code § He-M 403.02
#4195, eff 1-1-87, EXPIRED: 1-1-93
New. #6816, eff 7-25-98, EXPIRED: 7-25-06
New. #8716, INTERIM, eff 9-6-06, EXPIRED: 3-5-07
New. #9533, eff 9-1-09
Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12388, Effective 9/23/2017, Expires 3/22/2018.The amended version of this section by New Hampshire Register Volume 38, Number 19, eff.4/30/2018 is not yet available.