N.H. Code Admin. R. He-M 517.02 - Definitions
The words and phrases in this chapter shall have the following meanings:
(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
neurological disorders, such as Huntington's disease or multiple sclerosis,
which predominantly affect the central nervous system; and
(5) Is manifested by one or more of the
following:
a. Significant decline in
cognitive functioning and ability; and
b. Deterioration in:
1. Personality;
2. Impulse control;
3. Judgment;
4. Modulation of mood; or
5. Awareness of deficits.
(b) "Agency
residence" means a community residence operated by staff of an area agency or
an area agency subcontractor.
(c)
"Area agency" means "area agency" as defined under
RSA
171-A:2, I-b, namely, "an entity established
as a non-profit 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."
(d)
"Basic living skills" means activities accomplished each day to acquire or
maintain independence in daily life.
(e) "Bureau" means the bureau of
developmental services of the department of health and human
services.
(f) "Bureau
administrator" means the chief administrator of the bureau of developmental
services or his or her designee.
(g) "Centralized service site" means a
location operated by a provider agency where individuals receive community
participation services for more than one hour per day.
(h) "Commissioner" means the commissioner of
the department of health and human services, or his or her designee.
(i) "Community integration" means:
(1) Participation in a wide variety of
experiences in settings that are available to and used by the general
public;
(2) Participation in
natural relationships with one's family, friends, neighbors, and co-workers;
and
(3) Expansion of one's personal
network of friends to include individuals who do not have
disabilities.
(j)
"Community residence" means either an agency residence or family residence
exclusive of any independent living arrangement that:
(1) Provides residential services for at
least one individual with a developmental disability, in accordance with He-M
503, or acquired brain disorder in accordance with He-M 522;
(2) Provides services and supervision for an
individual on a daily and ongoing basis, both in the home and in the community,
unless the individual's service agreement states that the individual may be
without supervision for specified periods of time;
(3) Serves individuals whose services are
funded by the department; and
(4)
Is certified pursuant to He-M 1001, except as allowed in
He-M
517.04(b) .
(k) "Cost of care" means the amount that an
individual pays to an area agency because the individual's net income is above
the applicable standard of need established in
He-W
658.03.
(l) "Department" means the department of
health and human services.
(m)
"Developmental disability" means "developmental disability" as defined in
RSA
171-A:2, V, namely, "a disability:
(a) 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 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
(b) Which originates before such individual
attains age 22, has continued or can be expected to continue indefinitely, and
constitutes a severe handicap to such individual's ability to function normally
in society."
(n)
"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 (q) below.
(o) "Family residence" means a community
residence that is:
(1) Operated by a person
or family residing therein;
(2)
Under contract with an area agency or provider agency; and
(3) Certified pursuant to He-M
1001.
(p) "Home and
community-based care waiver" means the waiver of sections 1902 (a) (10) and
1915 (c) of the Social Security Act which allows the federal Medicaid funding
of long-term services for persons in non-institutional settings who are
elderly, disabled, or chronically ill.
(q) "Individual" means a person who has a
developmental disability as defined in (m) above or an acquired brain disorder
as defined in (a) above.
(r)
"Individualized family support plan (IFSP) " means a written plan for providing
services and supports to a child who is eligible for family-centered early
supports and services and his or her family.
(s) "Natural supports" means people such as
family, relatives, friends, neighbors, and clergy, and social groups such as
religious organizations, co-workers, and social clubs, available to provide
comfort and help as part of everyday living as well as during critical
events.
(t) "Participant directed
and managed services" means a service arrangement whereby the individual or
representative, if applicable, directs the services and makes the decisions
about how the funds available for the individual's services are to be spent. It
includes assistance and resources to individuals in order to maintain or
improve their skills and experiences in living, working, socializing, and
recreating.
(u) "Personal
development" means supporting or increasing an individual's capacity to make
choices, to communicate interests and preferences, and to have sufficient
opportunities for exploring and meeting those interests.
(v) "Provider agency" means an area agency or
an entity under contract with an area agency that is responsible for providing
services to individuals pursuant to
He-M
517.05.
(w) "Representative" means:
(1) The parent or guardian of an individual
under the age of 18;
(2) The legal
guardian of an individual 18 or over; or
(3) A person who has power of attorney for
the individual.
(x)
"Service agreement" means a written agreement between an individual or guardian
and the area agency that describes the services that the individual will
receive and constitutes an individual service agreement as defined in
RSA
171-A:2, X. The term includes a basic service
agreement for all individuals who receive services and an expanded service
agreement for those who receive more complex services pursuant to
He-M
503.11.
(y) "Service coordinator" means a person who
is chosen or approved by an individual and his or her guardian, if any, and
designated by the area agency 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
provider agency employee;
(2) A
member of the individual's family;
(3) A friend of the individual; or
(4) Another person chosen to represent the
individual.
(z)
"Sheltered workshop" means a segregated facility that provides a supportive
environment where individuals are employed and the focus is on meeting the
contract objectives of the agency.
(aa) "Skilled nursing or skilled
rehabilitative services" means those services that:
(1) Require the skills of a licensed or
certified health professional including, but not limited to:
a. Registered nurse;
b. Licensed practical nurse;
c. Physical therapist;
d. Occupational therapist;
e. Speech pathologist;
f. Audiologist; or
g. Other similar health-related professional;
and
(2) Are provided
directly by or under the general supervision of such professionals to assure
the safety of the individual and to achieve the medically desired
result.
Notes
#4315, eff 9-25-87; EXPIRED: 9-25-93
New. #6360, eff 10-23-96, EXPIRED: 10-23-04
New. #8195, INTERIM, eff 10-29-04, EXPIRED: 4-27-05
New. #8424, eff 9-1-05; ss by #10454, eff 10-31-13
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