Section He-M 504.13 - Discontinuation of Services by Provider or Provider Agency(a) A provider agency that is not delivering services in conjunction with a residency agreement, in accordance with He-M 310.10(c), shall immediately provide the individual, guardian, and service coordinator, with a written 90-day notice that clearly describes the basis for the provider agency's decision to discontinue service provision and all reasonable efforts made by the provider agency to work with the participant and guardian to maintain such service provision.(b) When written notice is issued in accordance with (a), services shall not end before the 90-day notice period except by mutual agreement of the individual, guardian, and provider agency.(c) A provider agency that is delivering services in conjunction with a residency agreement, in accordance with He-M 310.10(c), shall follow the procedures for notification outlined in He-M 310.(d) If a notice to discontinue services is issued in accordance with (a) above, the following actions shall occur: (1) The provider agency shall transfer a copy of the individual's full service file to their service coordination agency within 2 business days;(2) The service coordinator shall conduct service planning for any necessary transitions, in accordance with He-M 503, He-M 522, or He-M 524 within 5 business days; and(3) The provider and provider agency shall participate in service planning and provision based on developments resulting from (2) above during the notice period outlined in (a) above or the transition period to a new provider agency.(e) If a notice is issued in accordance with (b) above, the following shall occur: (1) The provider agency shall transfer a copy of the individual's full service file to their service coordination agency within 2 business days;(2) The service coordinator shall conduct service planning for any necessary transitions in accordance with He-M 310.10; and(3) The provider agency shall provide the service coordinator with alternative residential options, if applicable, or demonstrate a good faith effort to provide this information.(f) An individual or guardian may request an appeal of a notice provided in accordance with (a) above, unless the reason for discontinuation of services is due to the provider agency's cessation of services.(g) Appeals shall be filed, in writing, to the bureau administrator in care of the department's office of client and legal services within 30 days following the date of notification of service discontinuation, in accordance with (a) above and He-C 200.(h) If an appeal is requested, the following actions shall occur: (1) Services and payments shall be continued as a consequence of an appeal for a hearing until a decision has been made; and(2) If the provider agency's decision is upheld, services shall cease 60 days from the date of the denial letter or 30 days from the hearing decision, whichever is later.N.H. Admin. Code § He-M 504.13
Derived from Number 28, Filed July 13, 2023, Proposed by #13679, EMERGENCY RULE, Effective 6/28/2023, Expires 12/25/2023.Amended by Number 50, Filed December 14, 2023, Proposed by #13807, Effective 11/17/2023, Expires 11/17/2033.