N.H. Admin. Code § He-M 506.02

Current through Register No. 50, December 12, 2024

Section He-M 506.02 - Definitions

(a) "Acquired brain disorder" means a disruption in brain functioning that:

(1) Is not congenital or caused by birth trauma;

(2) Presents a severe and life-long disabling condition which significantly impairs a person's ability to function in society;

(3) Occurs prior to age 60;

(4) Is attributable to one or more of the following reasons:

a. External trauma to the brain as a result of:

1. A motor vehicle incident;

2. A fall;

3. An assault; or

4. Another related traumatic incident or occurrence;

b. Anoxic or hypoxic injury to the brain such as from:

1. Cardiopulmonary arrest;

2. Carbon monoxide poisoning;

3. Airway obstruction;

4. Hemorrhage; or

5. Near drowning;

c. Infectious diseases such as encephalitis and meningitis;

d. Brain tumor;

e. Intracranial surgery;

f. Cerebrovascular disruption such as a stroke;

g. Toxic exposure; and

h. Other neurological disorders such as Huntington's disease or multiple sclerosis which predominantly affect the central nervous system; and

(5) Is manifested by one or more of the following:

a. Significant decline in cognitive functioning and ability; or

b. Deterioration in:

1. Personality;

2. Impulse control;

3. Judgment;

4. Modulation of mood; or

5. Awareness of deficits.

(b) "Area agency" means "area agency" as defined under RSA 171-A:2, I-b.

(c) "Bureau of elderly and adult services (BEAS) state registry" means a database created and maintained pursuant to RSA 161-F:49 and He-E 720 containing information on founded reports of abuse, neglect, or exploitation of incapacitated adults by a paid or volunteer caregiver, guardian, or agent acting under the authority of any power of attorney or any durable power of attorney.

(d) "Bureau" means the bureau of developmental services of the department of health and human services.

(e) "Developmental disability" means "developmental disability" as defined in RSA 171-A:2, V, namely, "a disability:

a. Which is attributable to an 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

b. 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."

(f) "Family" means a group of 2 or more persons related by ancestry, marriage or other legal arrangement.

(g) "Health Risk Screening Tool (HRST) " means the 2009 edition of the Health Risk Training Tool, available as noted in Appendix A, which is a web-based rating instrument used for performing health risk screenings on individuals in order to:

(1) Determine an individual's vulnerability regarding potential health risks; and

(2) Enable the early identification of health issues and monitoring of health needs.

(h) "Individual" means any person with a developmental disability or acquired brain disorder who receives, or has been found eligible to receive, area agency services.

(i) "Provider" means a person receiving any form of remuneration for the provision of services to an individual.

(j) "Provider agency" means an area agency or an entity under contract with an area agency that is responsible for providing services to individuals.

(k) "Staff" means provider agency staff who provide direct supports to people who have developmental disabilities or acquired brain disorders, including, at a minimum, service coordinators, clinical staff, and personal care staff.

(l) "Staff development" means education and training designed to improve the competencies of provider agency staff.

(m) "Supports Intensity Scale" means the 2004 edition of the Supports Intensity Scale, available as noted in Appendix A, which is an assessment tool intended to assist in service planning by measuring the individual's support needs in the areas of home living, community living, lifelong learning, employment, health and safety, social activities, and protection and advocacy. The tool uses a formal rating scale to identify the type of supports needed, frequency of supports needed, and daily support time.

N.H. Admin. Code § He-M 506.02

#2033, eff 6-7-82; ss by #2679, eff 4-18-84; ss by #5047, eff 1-18-91, EXPIRED: 1-18-97

New. #6645, eff 12-2-97, EXPIRED: 12-2-05

New. #8604, eff 4-11-06; ss by #10528, eff 3-1-14