N.H. Admin. Code § He-M 513.04

Current through Register No. 50, December 12, 2024

Section He-M 513.04 - Agency Arranged Respite Services

(a) When respite services are provided by employees of an area agency or a subcontractor of an area agency, the area agency or the subcontractor shall, at a minimum:

(1) Discuss with the family their current respite services needs;

(2) Encourage the family to use extended family, neighbors, or other people known to the family as respite service providers, whenever possible;

(3) At the request of the family, identify potential respite service providers;

(4) Match respite service providers with eligible individuals and families based on the individuals' and families' needs and preferences and the skills and interests of the respite service providers;

(5) Arrange for a meeting with the individual, the individual's family member or guardian, and the respite service provider prior to the provision of respite services, whenever possible; and

(6) Assist the family to make the final determination regarding respite service providers and where and when respite services are to be provided.

(b) Persons interested in providing respite services arranged by the area agency shall apply to the area agency.

(c) Application to be a respite service provider shall include:

(1) The applicant's:

a. Name;

b. Address;

c. Telephone number; and

d. Occupation;

(2) A photocopy of the applicant's driver's license;

(3) The applicant's training and experience in the area of developmental disabilities;

(4) The time(s) and duration(s) of availability;

(5) The location(s) where respite services can be provided;

(6) Any specific ability or inability of the applicant to serve an individual with a particular type of disability; and

(7) The names, addresses, and telephone numbers of 2 references unrelated to the applicant.

(d) The area agency shall:

(1) Interview each applicant who submits a completed application pursuant to (c) above;

(2) Request, verify, document, if necessary, and retain 2 written or telephone references; and

(3) With the consent of the applicant:

a. Submit the person's name for review against the registry of founded reports of abuse, neglect, and exploitation to ensure that the person is not on the registry pursuant to RSA 161-F:49; and

b. Complete a criminal record check in New Hampshire, in the applicant's state of residence if not New Hampshire, and in the applicants previous state of residence if he or she has lived in New Hampshire for less than one year, ensure that the applicant has no history of fraud, felony, or misdemeanor conviction.

(e) An area agency may hire a person with a criminal record listed in (d)(3)b. above for a single offense that occurred 10 or more years ago in accordance with (h) and (i) below. In such instances, the individual, his or her guardian if applicable, and the area agency shall review the person's history prior to approving the person's employment.

(f) Unless a waiver is granted pursuant to (g) below, a provider agency shall not hire a person with a criminal record, other than as specified in (e) above.

(g) The department shall grant a waiver of (f) above if, after reviewing the underlying circumstances, it determines that the person does not pose a threat to the health, safety, or well-being of individuals.

(h) Employment of a person pursuant to (e) above shall only occur if:

(1) Such employment is approved in writing by the individual, or his or her guardian, if applicable;

(2) Such employment is approved in writing by the area agency executive director or designee;

(3) The signature and phone number of the person being hired are obtained;

(4) The employment does not negatively impact the health or safety of the individual(s); and

(5) The employment does not affect the quality of services to individuals.

(i) Upon hiring a person pursuant to (e) above, the provider agency shall document and retain the following information in the individual's record:

(1) Identification of the region, according to He-M 505.04, in which the provider agency is located;

(2) The date(s) of the approvals in (e) above;

(3) The name of the individual or individuals for whom the person will provide services;

(4) The name of the person hired;

(5) Description of the person's criminal offense;

(6) The type of service the person is hired to provide;

(7) The provider agency's name and address; and

(8) A full explanation of why the agency is hiring the person despite the person's criminal record;

(l) All personnel shall sign a statement annually, which is maintained in the personnel file, stating that since the time of hire they:

(1) Have not been convicted of a felony or misdemeanor in this or any other state, and

(2) Have not had a finding by the department or any administrative agency in this or any other state for assault, fraud, abuse, neglect, or exploitation of any person.

(m) For agency-arranged respite services, an applicant shall be denied employment who:

(1) Is listed on the registry pursuant to RSA 161-F:49; or

(2) Refuses to consent to checks pursuant to (d)(3) above.

(n) If the respite services are to be delivered in the respite service provider's home, the home shall be visited by a staff member from the area agency prior to the delivery of respite services.

(o) The staff member who visited the respite service provider's home shall complete a report of the visit that includes a statement of acceptability of the following conditions using criteria established by the area agency:

(1) The general cleanliness;

(2) Any safety hazards;

(3) Any architectural barriers for the individual(s) to be served; and

(4) The adequacy of the following:

a. Lighting;

b. Ventilation;

c. Hot and cold water;

d. Plumbing;

e. Electricity;

f. Heat;

g. Furniture, including beds; and

h. Sleeping arrangements.

(p) The following criteria shall apply to area agency-arranged respite services:

(1) Respite service providers shall be able to meet the day-to-day requirements of the person(s) served, including all of the requirements listed in (v) below;

(2) Respite service providers giving care in their own homes shall serve no more than 2 persons at one time; and

(3) Respite service providers shall contact the area agency in the event that the provider is unable to meet the respite service needs of the individual or comply with these rules.

(q) Within 30 days, an area agency shall notify an applicant to be a respite service provider of the status of the application based on compliance with (c), (o), and (p) above.

(r) Each area agency shall arrange for training of respite service providers in the following areas:

(1) The value and importance of respite services to a family;

(2) The area agency mission statement and the importance of family-centered supports and services as described in He-M 519.04(a);

(3) Basic health and safety practices including emergency first aid;

(4) An overview of developmental disabilities and acquired brain disorders;

(5) Understanding behavior as communication and facilitating positive behaviors; and

(6) Other specialized skills as determined by the area agency in consultation with the family.

(s) If respite is to be provided in a residence certified under He-M 1001.11, He-M 1001.12, He-M 1001.13, or He-M 521.09, the respite service provider shall be authorized to administer medication pursuant to He-M 1201.

(t) The area agency shall maintain a file on each respite service provider that includes:

(1) Items and documentation described under (c)-(o) and (s) above;

(2) Record of any training related to the provision of respite services and provided subsequent to that shown on the application;

(3) Dates and location(s) of service, individuals served, and fees paid; and

(4) Evaluations by the family, described in (v)-(w) below, of each service provided, or cross-references to individuals' files where such evaluations are located.

(u) The area agency shall provide or arrange for respite services and provider training such that:

(1) Any special health, behavioral, or communication needs of individuals can be met during the period of respite services;

(2) Respite services to be provided are appropriate to the individual's needs and family-directed; and

(3) Activities normally engaged in by the individual are included as part of the respite services.

(v) Within one week following provision of area agency arranged respite services by a respite service provider to a new family, area agency staff shall contact the family in person, by telephone, or by questionnaire to review the respite services provided.

(w) The information collected as a result of the family contact shall:

(1) Be documented in writing and maintained at the area agency;

(2) Minimally, address those service requirements listed in (v) above; and

(3) Report the family's satisfaction or dissatisfaction with the respite services provided.

N.H. Admin. Code § He-M 513.04

(See Revision Note at part heading for He-M 513) #4495, eff 9-23-88; EXPIRED: 9-23-94

New. #6155, eff 12-29-95; ss by #8016, eff 12-29-03; ss by #10030, eff 12-1-11

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12944, Effective 12/20/2019, Expires 6/17/2020.

Amended by Volume XLI Number 41, Filed October 14, 2021, Proposed by #13263, Effective 9/22/2021, Expires 9/22/2031