N.H. Code Admin. R. He-M 518.02 - 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; and

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; or

b. Deterioration in:

1. Personality;

2. Impulse control;

3. Judgment;

4. Modulation of mood; or

5. Awareness of deficits.

(b) "Area agency" means 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 persons with developmental disabilities or aquired brain disorders in the area.

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

(d) "Bureau of vocational rehabilitation" means the New Hampshire department of education, bureau of vocational rehabilitation.

(e) "Career exploration" means as part of the career planning process, selection by an individual of a job, training, or educational path that fits his or her interests, skills and abilities.

(f) "Career planning" means a time-limited, person-centered, comprehensive, employment planning process that assists an individual to identify a career direction and results in a plan for achieving employment at or above minimum wage.

(g) "Career portfolio" means a tool used to organize and document training, education, work experiences, skills, contributions and accomplishments.

(h) "Customized employment"means the individualizing of the employment relationship between employees and employers in ways that meet the needs of both. It is based on an individualized determination of the strengths, needs, and interests of the individual, and is also designed to meet the specific needs of the employer.

(i) "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."

(j) "Employee" means an individual who receives wages in exchange for work rendered in an integrated setting.

(k) "Employment" means working for at least minimum wage in an integrated setting or being self-employed.

(l) "Employment profile" means a summary of an individual's vocationally-related:

(1) Competencies;

(2) Interests;

(3) Preferences;

(4) Learning style;

(5) Environmental considerations; and

(6) Supports.

(m) "Fading plan" means a specific plan that is developed to assist an individual to achieve maximum independence on the job through a variety of activities including cultivating natural supports.

(n) "Hard skills" means the essential skills required to perform a job such as, but not limited to:

(1) Operating machinery;

(2) Using a computer;

(3) Providing customer service; and

(4) Typing.

(o) "Individual" means any person with a developmental disability or acquired brain disorder who receives, or has been found eligible to receive, area agency services.

(p) "Integrated setting" means a workplace where people with disabilities work alongside other employees who do not have disabilities and where they have the same opportunities to participate in all activities in which other employees participate.

(q) "Job coaching" means the training of an employee through structured intervention techniques to help the employee learn to perform job tasks to the employer's specifications and to learn the interpersonal skills necessary to be accepted as a worker at the job site and in related community contacts.

(r) "Job development" means contacting and connecting with employers to identify, develop, or customize jobs suited to individuals' skills and interests.

(s) "National core indicators" means standard measures compiled by the National Association of State Directors of Developmental Disabilities Services and the Human Services Research Institute and used across states to assess the outcomes of services provided to individuals and families. Indicators address key areas of concern including employment, rights, service planning, community inclusion, choice, and health and safety. National core indicators are published as annual reports, state reports, and consumer outcomes reports, and are available at http://www.nationalcoreindicators.org/.

(t) "Natural support" means support wherein a community business provides direct training, supervision, or assistance to an employee.

(u) "Provider agency" means an area agency or subcontractor of an area agency that offers employment services.

(v) "Safeguards" means specific measures taken to protect the individual from harm or loss.

(w) "Service agreement" means a written agreement pursuant to He-M 503.10 - He-M 503.11 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.

(x) "Service coordinator" means a person who is chosen or approved by an individual or his or her representative 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 subcontract agency employee;

(2) A member of the individual's family;

(3) A friend of the individual; or

(4) Any other person chosen by the individual.

(y) "Soft skills" means the interpersonal skills required to be successful in a job, such as:

(1) Effective communication;

(2) Managing emotions;

(3) Conflict resolution;

(4) Creative problem solving;

(5) Critical thinking; and

(6) Team building.

(z) "Work incentives" means special regulations developed by the Social Security Administration making it possible for people with disabilities receiving Social Security or Supplemental Security Income (SSI) to work and still receive monthly payments and Medicare or Medicaid, including:

(1) Trial work period, 20 CFR 404.1592;

(2) Impairment related work expenses, 20 CFR 404.1576;

(3) Extended period of eligibility, 20 CFR 404, 1592 a;

(4) Extended Medicare coverage for Social Security Disability Insurance, 42 CFR 406.12(e) ;

(5) Earned income exclusion, 20 CFR 418.3325;

(6) Continued Medicaid eligibility, section 1619(b) of the Social Security Act;

(7) Plan to achieve self-support, 20 CFR 416.1225;

(8) Ticket to work program, 20 CFR part 411, subpart B;

(9) Impairment-related work expenses, 20 CFR 404.1576;

(10) Expedited reinstatement, 20 CFR 416.999;

(11) Unsuccessful work attempt, 20 CFR 416.974; and

(12) Medicaid for employed adults with disabilities (MEAD), pursuant to He-W 504.

(aa) "Work incentives planning" means specific planning around earning income, managing public benefits, and accessing work incentives.

Notes

N.H. Code Admin. R. He-M 518.02

#4593, eff 4-1-89; EXPIRED: 4-1-95

New. #6569, eff 8-22-97; ss by #8406, eff 8-22-05; ss by #10397, INTERIM, eff 8-22-13, EXPIRES: 2-18-14; ss by #10493, eff 2-18-14