N.H. Admin. Code § He-M 503.14

Current through Register No. 50, December 12, 2024
Section He-M 503.14 - Termination of Services
(a) If termination of services is being considered by the area agency, service coordinator, individual, guardian, representative, or provider agency, then the service coordinator shall meet with either the individual or their guardian or representative, or both to discuss the reasons for the recommended termination.
(b) Any recommendation for termination shall be made in writing to the area agency director and be based on one or both of the following:
(1) The individual can function without such service; or
(2) Services are no longer necessary because they have been replaced by other supports or services.
(c) Within 10 business days of receipt of a recommendation for termination of services, an area agency director shall call a meeting with the service coordinator, either the individual or their guardian or representative, if applicable, and the provider agencies to be convened to review the request. The purpose of the meeting shall be to determine if the criteria listed in (b) above applies to the individual.
(d) Based on the information presented and determinations made at the meeting, the service coordinator shall prepare a written report for the area agency director which sets forth one of the following:
(1) A statement of concurrence with the recommendation for termination;
(2) A recommendation for continuance; or
(3) Changes to the individual's service agreement.
(e) The area agency director shall make the final decision regarding termination based on the criteria listed in (b) above.
(f) If a decision is made to terminate services pursuant to (b) above, the area agency director shall send a termination notice to the individual, guardian, or representative at least 30 days prior to the proposed termination date. Services may be terminated sooner than 30 days with the consent of the individual, guardian, or representative. The individual, guardian, or representative may appeal the termination decision in accordance with He-C 200.
(g) In each termination notice the area agency shall provide information on the reason for termination, the right to appeal, and the process for appealing the decision, including the names, addresses, and phone numbers of the office of client and legal services of the bureau and advocacy organizations, such as the Disability Rights Center-NH, which the individual, guardian, or representative may contact for assistance in appealing the decision.
(h) An individual whose services have been terminated may request resumption of services if they believe that the reasons for the termination of services no longer apply. Such a request shall be made by the individual, guardian, or representative, in writing, to the area agency director.
(i) Upon request of the individual, guardian, or representative, the area agency director shall resume services to the individual if the criteria in (b) above no longer apply and if funding is available.

N.H. Admin. Code § He-M 503.14

#1969, eff 2-25-82; ss by #2615, eff 2-6-84; ss by #2962, eff 1-22-85; ss by #5211, eff 8-28-91; EXPIRED: 8-28-97

New. #6581, INTERIM, eff 9-19-97, EXPIRED: 1-17-98

New. #6932, eff 1-27-99; ss by #8805, eff 1-27-07; ss by #10372, eff 7-1-13

Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10900, Effective 7/25/2015, Expires7/25/2025.
Amended by Number 2, Filed January 11, 2024, Proposed by #13841, Effective 12/29/2023, Expires 12/29/2033 (formerly He-M 503.15).