N.H. Code Admin. R. He-M 513.02 - 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; or

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

(5) Is manifested by one 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 in RSA 171-A:2,I-b.

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

(d) "Bureau administrator" means the chief administrator of the bureau of developmental services.

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

(1) 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 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."

(f) "Family" means a group of 2 or more persons that:

(1) Is related by marriage, ancestry, or other legal arrangement;

(2) Is living in the same household; and

(3) Has at least one member who is an individual as defined in (h) below.

(g) "Home and community-based care waiver (HCBC-DD)" means that waiver of sections 1902(a)(10) and 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.

(h) "Individual" means a person with a developmental disability or acquired brain disorder or a child, birth through age 2, who is eligible for family-centered early supports and services pursuant to He-M 510.06(a).

(i) "Respite service provider" means a person or agency that delivers respite services to an individual and his or her family who are eligible for area agency services and supports.

(j) "Respite services" means the provision of short-term care for an individual, in or out of the individual's home, for the temporary relief and support of the family with whom the individual lives.

Notes

N.H. Code Admin. R. He-M 513.02

(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