N.H. Admin. Code § He-P 601.03

Current through Register No. 50, December 12, 2024

Section He-P 601.03 - Definitions

(a) "Agency-directed" means personal care services for which the agency is responsible for identifying, training, supervising, evaluating, and terminating the personal care service provider.

(b) "Alternative format" means a method of making written communications more accessible to individuals with vision impairments, including, but not limited to, large print or Braille.

(c) "Applicant" means an agency seeking to be certified as an other qualified agency pursuant to RSA 161-I.

(d) "Case manager" means an individual employed by, or contracted with, a case management agency who:

(1) Meets the qualifications described in He-E 805.06;

(2) Is responsible for the ongoing assessment, person-centered planning, coordination, and monitoring of the provision of services included in the comprehensive care plan; and

(3) Does not have a conflict of interest.

(e) "Choices for Independence (CFI)" means a system of long-term services and supports (LTSS) provided under Section 1915(c) of the Social Security Act.

(f) "Chronic illness" means an illness, which has one or more of the following characteristics:

(1) Is permanent;

(2) Leaves residual disability;

(3) Is caused by non-reversible, pathological alteration; or

(4) Requires special training of the individual for rehabilitation.

(g) "Commissioner" means the commissioner of the department of health and human services or his or her designee.

(h) "Complaint" means:

(1) Any allegation or assertion that a right of an individual has been violated;

(2) Any allegation or assertion that an individual has been abused, neglected, or exploited by an employee of, or a volunteer or consultant for, a facility, provider, or program; or

(3) Any allegation or assertion that the department or a facility, agency, or service provider has acted in an illegal or unjust manner with respect to an individual or category of individuals.

(i) "Comprehensive care plan" means an individualized person-centered plan described in He-E 805.05(c) that is:

(1) The result of a person-centered process that identifies the strengths, capacities, preferences, and desired outcomes of the individual;

(2) Developed by the individual's case manager; and

(3) An integrated plan of all the individual's services.

(j) "Consumer-directed services" means personal care services under which the individual or his or her representative is responsible for:

(1) Participating in the development of the individual's service plan;

(2) Selecting the individual's personal care services worker;

(3) Setting the terms and conditions of work;

(4) Training, supervising, and evaluating the personal care services worker; and

(5) Terminating his or her relationship with the personal care services worker.

(k) "Department" means the New Hampshire department of health and human services.

(l) "Incident" means an occurrence or event that interrupts normal procedure, including a serious injury or other event threatening the health or safety of an individual or staff.

(m) "Individual" means any person receiving personal care services under these rules.

(n) "Individual's bill of rights" means a written statement of the rights and responsibilities of an individual receiving personal care services from an other qualified agency.

(o) "Intermediary services" means an array of fiscal and supportive services to facilitate the delivery of consumer-directed services, including:

(1) Fiscal management services including but not limited to:

a. Computing tax withholdings;

b. Filing and depositing employment taxes;

c. Preparing and disbursing payroll checks;

d. Verifying time worked by employees;

e. Processing and paying non-labor related invoices such as printing, copying, and postage costs related to providing fiscal management services;

f. Processing criminal background checks on prospective workers;

g. Overseeing the verification worker's citizenship/legal alien status; and

h. Generating standardized reports depending on program design; and

(2) Supportive services including but not limited to:

a. Skills advocacy training for the eligible consumer or representative;

b. Assistance with recruiting, screening, hiring, and training personal care service providers;

c. Creating and maintaining work registries;

d. Assessing and reassessing service needs;

e. Counseling and support; and

f. Monitoring of customer satisfaction.

(p) "Investigation" means the process used by the department to respond to allegations of non-compliance with RSA 161-I, He-P 601, or other applicable laws or rules.

(q) "Other qualified agency (OQA)" means an entity certified in accordance with He-E 601 to offer personal care services and/or intermediary services.

(r) "Personal care services" means non-medical, hands-on services that assist eligible individuals to maintain themselves in a community setting.

(s) "Personal care service worker" means a person who is employed by other qualified agencies and who is:

(1) Selected by the eligible individual, his or her representatives, or the agency; and

(2) Anyone other than the individual's legally responsible relative, as defined in RSA 161-:2, VI, case manager, or personal care services representative.

(t) "Person-centered" means that the individual or his or her authorized representative or caregiver is the center of the system of care and the individual's needs and preferences drive the care and services provided.

(u) "Person-centered planning" means a process for planning and supporting an individual receiving personal care services that builds upon the individual's capacity to engage in activities that promote community life and honors the individual's preferences, choices, and abilities, and which involves families, friends, and professionals as the individual desires or requires.

(v) "Registered nurse" means an individual who holds a current license to practice registered nursing as defined in RSA 326-B:2, XI.

(w) "Representative" means a person:

(1) Chosen by:

a. The individual or his or her legal guardian; or

b. A person granted power of attorney by the individual;

(2) Deemed appropriate by the department to act on behalf of the individual; and

(3) Who:

a. Is not the personal care services worker;

b. Does not have a financial relationship with a home health agency or other qualified agency providing intermediary services to the individual; and

c. Is not the individual's case manager.

(w) "Universal precautions" means a set of precautions designed to prevent transmission of blood borne pathogens when providing first aid or health care.

N.H. Admin. Code § He-P 601.03

(See Revision Notes # 1 and #2 at chapter heading for He-P 600) #9898-A, eff 3-29-11

Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13115, Effective 10/1/2020, Expires 10/1/2030