Current through Register No. 50, December 12, 2024
Section He-P 813.03 - Definitions(a) "Abuse" means "abuse" as defined in RSA 161-F:43, II.(b) "Activities of daily living (ADL) " means basic daily routine tasks common to the average individual, such as personal hygiene, transfers and walking.(c) "Admission" means the act of a resident's initial physical move into an AFCR.(d) "Adult family care (AFC) " means a housing option for eligible individuals under the New Hampshire choices for independence waiver program, which includes a combination of personal care, homemaking and other services that are provided to a person in the certified residence of an unrelated individual in accordance with a person-centered plan.(e) "Adult family care residence (AFCR) " means the dwelling in which AFC is provided for one or 2 residents.(f) "Applicant" means an individual, agency, partnership, corporation, federal, state, county or local government entity, association, or other legal entity seeking a certificate to operate an AFCR pursuant to RSA 151:2, IV.(g) "Assessment" means an evaluation of the resident to determine what care and services are needed. (h) "Case manager" means an individual employed by, or contracted with an oversight agency who: (1) Meets the qualifications described in He-E 805.06;(2) Is responsible for the ongoing assessment, the person-centered plan in accordance with these rules and coordination and monitoring of the provision of services including in the comprehensive care plan in accordance with He-E 801; and(3) Does not have a conflict of interest. (i) "Certification" means the written approval by the manager of the office of program support for the operation of an AFCR in accordance with He-P 813.(j) "Certificate holder" means the person or agency whose name is on the AFCR certification issued.(k) "Choices for Independence (CFI) " means a system of long-term care services provided under Section 1915(c) of the Social Security Act to participants who meet the eligibility requirements in He-E 801. This term is also known as home and community-based care for the elderly and chronically ill (HCBC-ECI) .(l) "Commissioner" means the commissioner of the New Hampshire department of health and human services, or his or her designee.(m) "Deficiency" means any action, failure to act or other set of circumstances that cause a certificate holder or oversight agency to be out of compliance with RSA 151 or He-P 813.(n) "Department" means the New Hampshire department of health and human services.(o) "Emergency plan" means a document outlining the responsibilities of certificate holders and the oversight agency in an emergency.(p) "Exploitation" means "exploitation" as defined in RSA 161-F:43, IV.(q) "Family provider" means an individual 21 years or older who has been certified by the department in conjunction with the oversight agency to provide care and assistance in his or her home residence to 1 or 2 individuals.(r) "Fire safety assessment" means a documented evaluation completed by a certificate holder based on a drill, completed in accordance with He-P 813.20.(s) "Household member" means the caregiver and all family members and any other individuals age 17 or older that reside at the AFCR.(t) "In-service" means an educational program, which is designed to increase the knowledge, skills, and overall effectiveness of caregivers.(u) "Investigation" means the process used by the department to respond to allegations of noncompliance with RSA 151 and He-P 813.(v) "Licensed practitioner" means any of the following disciplines acting within their relevant scope of practice: (2) Physician's assistant;(3) Advanced registered nurse practitioner;(4) Doctor of osteopathy; or(5) Doctor of naturopathic medicine.(w) "Medication" means a substance available with or without a prescription, which is used as a curative or remedial substance.(x) "Neglect" means "neglect" as defined in RSA 161-F:43, III.(y) "Orders" means prescriptions, instructions for treatments, special diets or therapies, signed by a licensed practitioner, or other individual authorized by law.(z) "Oversight agency" means an agency, entity or organization enrolled as a New Hampshire Medicaid provider that is designated by the department to provide oversight functions of AFCRs. (aa) "Over-the-counter medications" means nonprescription medications for use by a resident at the certified premises.(ab) "Person-centered" means that the individual receiving services and/or his/her authorized representative are the center of the system of care, and individuals' needs and preferences drive the care and services provided.(ac) "Plan of correction (POC) " means a plan developed and written by the family provider or oversight agency, which specifies the actions that will be taken to correct deficiencies identified by the department.(ad) "Procedure" means a written, standardized method of performing duties and providing services.(ae) "Representative" means an individual granted authority by law to represent another individual, including a legal representative as defined in RSA 161-F:11, VII, and a resident's personal representative as defined in RSA 151:19, V.(af) "Resident" means any person who has been determined eligible for nursing home level of care under the New Hampshire's choices for independence program in accordance with He-E 801, who is admitted to an AFCR certified in accordance with RSA 151 and He-P 813.(ag) "Resident record" means a secure file, located in the AFCR, that contains the resident's person-centered plan, service agreement, emergency data sheet, medication record and progress notes.(ah) "Self administered with supervision" means an act whereby the resident is prompted by a family provider to take his or her own medication(s) without requiring physical assistance from others.(ai) "Self administration of medication" means an act whereby the resident is able to take his or her own medication(s) without the verbal or physical assistance of another person.(aj) "Self directed" means an act whereby a resident, who has a physical limitation that prohibits him or her from self-administering, directs the family provider to physically assist in the medication process.(ak) "Service" means a specific activity performed by the family provider or oversight agency, either directly or indirectly, to benefit or assist a resident.N.H. Admin. Code § He-P 813.03
#8595, eff 4-1-06; #9899-A, eff 3-29-11
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12740, Effective 3/20/2019, Expires 9/16/2019.