Section He-M 524.02 - Definitions(a) "Area agency" means "area agency" as defined under RSA 171-A: 2, I-b, namely, "an entity established as a nonprofit corporation in the state of New Hampshire which is established by rules adopted by the commissioner to provide services to developmentally disabled persons in the area."(b) "Bureau" means the bureau of developmental services of the department of health and human services.(c) "Bureau administrator" means the chief administrator of the bureau of developmental services.(d) "Cultural competence" means the knowledge, attitudes, and interpersonal skills applied to a provider's practice methods that allow the provider to understand, appreciate, and work effectively with individuals from cultures other than his or her own.(e) "Department" means the New Hampshire department of health and human services.(f) "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 disability to such individual's ability to function normally in society."(g) "Direct and manage" means to be actively involved in all chosen aspects of the service arrangement, including but not limited to: (1) Designing the services;(2) Selecting the service providers;(3) Deciding how the authorized funding is to be spent based on the needs identified in the individual's service agreement; and(4) Performing ongoing oversight of the services provided.(h) "Employer" means an area agency, subcontract agency, or person that handles legally defined and other employer-related functions such as, but not limited to:(1) Paying employer taxes;(2) Withholding employee taxes;(3) Performing other payroll functions, including issuing paychecks;(4) Providing workers' benefits; and(5) Obtaining workers' compensation and liability insurance.(i) "Family" means a group of 2 or more persons related by ancestry, marriage, or other legal arrangement, including foster care as defined in 45 C.F.R. § 1355.20, that has at least one member who has a developmental disability.(j) "Guardian" means a person appointed pursuant to RSA 547-B, RSA 463, or RSA 464-A or the parent of a child under the age of 18 whose parental rights have not been terminated or limited by law.(k) "Home- and community-based care waiver" means a waiver pursuant to the authority of section 1915 (c) of the Social Security Act which allows the federal funding of long-term care services in non-institutional settings for persons who are elderly, disabled, or chronically ill.(l) "In-home supports" means an array of home and community-based care waiver services provided to an individual and his or her family in the home and in the community to enhance the family's and other caregivers' ability to care for the individual and to provide the individual with opportunities to develop a variety of life skills as listed in He-M 524.05.(m) "Individual" means a child, adolescent, or young adult with a developmental disability who is eligible to receive services pursuant to He-M 503.03 if aged 3 to 21 or pursuant to He-M 510 if under the age of 3.(n) "Individualized family support plan (IFSP)" means a written plan for providing services and supports to a child and his or her family who are eligible for family-centered early supports and services under He-M 510.06.(o) "Informed decision" means "informed decision" as defined in RSA 171-A:2, XI, namely, "a choice made by a client or potential client or, where appropriate, his legal guardian that is reasonably certain to have been made subsequent to a rational consideration on his part of the advantages and disadvantages of each course of action open to him."(p) "Medicaid" means the federal medical assistance program established pursuant to Title XIX of the Social Security Act.(q) "Nursing-related tasks" means those services that are delegated by a licensed nurse to unlicensed personnel in accordance with RSA 326-B and Nur Part 404.(r) "Parent" means an individual's: (s) "Provider" means a person receiving any form of remuneration for the provision of services to an individual.(t) "Representative" means, where applicable: (1) The parent or legal guardian of an individual under the age of 18;(2) The legal guardian of an individual 18 or over;(3) A person who has power of attorney for the individual; or(4) The division of children youth and families (DCYF) in cases where DCYF has responsibility for the placement and care of an individual.(u) "Respite services" means the provision of short-term care, in accordance with He-M 513, for an individual in or out of the individual's home for the temporary relief and support of the individual's family.(v) "Service" means any paid assistance to the individual and his or her family.(w) "Service agreement" means "individual service agreement" as defined in RSA 171-A:2, X, namely, "a written document for a client's services and supports which is specifically tailored to meet the needs of each client."(x) "Service coordinator" means a person who meets the criteria in He-M 503.08(e) - (f) and is chosen or approved by an individual and his or her guardian or representative, if applicable, and designated to organize, facilitate, and document service planning and to negotiate and monitor the provision of the individual's services and who is:(1) An area agency service coordinator, family support coordinator, or any other area agency or subcontract agency employee;(2) A friend of the individual; or(3) Any other person chosen by the individual or representative who is not a spouse, parent, relative, or guardian of the individual.(y) "Staff" means a person employed by an area agency, subcontract agency, or other employer.(z) "Subcontract agency" means an entity that is under contract with any area agency to provide services to individuals who have a developmental disability. (aa) "Team" means the group of people that participates in service planning meetings and includes the individual and his or her service coordinator and representative, if applicable, and others invited by the individual.N.H. Admin. Code § He-M 524.02
#7891, eff 5-20-03; amd by #9122, eff 4-3-08; amd by #9927, INTERIM, eff 5-21-11, EXPIRES: 11-17-11; ss by #10027, eff 11-17-11
Amended by Volume XLII Number 28, Filed July 14, 2022, Proposed by #13397, Effective 6/18/2022, Expires 6/18/2032