N.H. Code Admin. R. 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.
Notes
(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
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