N.H. Code Admin. R. He-M 521.02 - 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; and
(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 "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) "Commissioner" means
the commissioner of the department of health and human services or his or her
designee.
(f) "Community
participation services" referred to elsewhere in He-M 500 and He-M 1001 as "day
services", means habilitation, assistance, and instruction provided to
individuals that:
(1) Improve or maintain
their performance of basic living skills;
(2) Offer vocational and community
activities, or both;
(3) Enhance
their social and personal development;
(4) Include consultation services, in
response to individuals' needs, and as specified in service agreements, to
improve or maintain communication, mobility, and physical and psychological
health; and
(5) At a minimum, meet
the needs and achieve the desired goals and outcomes of each individual as
specified in the service agreement.
(g) "Department" means the New Hampshire
department of health and human services.
(h) "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 disability to such individual's ability to function
normally in society."
(i) "Family" means a group of 2 or more
persons related by ancestry, marriage, or other legal arrangement that has at
least one member who has a developmental disability.
(j) "Guardian" means a person appointed
pursuant to RSA 464-A or a parent of an individual under the age of 18 whose
parental rights have not been terminated or limited by law in such a way as to
remove the person's right to make decisions pursuant to RSA 171-A on behalf of
the individual..
(k) "Individual"
means a person with a developmental disability or acquired brain disorder who
is eligible to receive services pursuant to He-M 503 or He-M 522.
(l) "Provider" means a person receiving any
form of remuneration for the provision of services to an individual.
(m) "Provider agency" means an area agency or
another entity under contract with an area agency to provide
services.
(n) "Representative"
means:
(1) The parent or guardian of an
individual under the age of 18;
(2)
The guardian of an individual 18 or over; or
(3) A person who has power of attorney for
the individual.
(o)
"Service" means any paid assistance to an individual in meeting his or her own
needs provided through the area agency.
(p) "Service agreement" means a written
agreement between an individual or his or her guardian or representative and an
area agency that is prepared in accordance with He-M 503 or He-M 522 and that
describes the services that an individual will receive and constitutes an
individual service agreement as defined in
RSA
171-A:2,X.
(q) "Service coordinator" means a person who
is chosen or approved by an individual and his or her guardian or
representative to organize, facilitate and document service planning and to
negotiate and monitor the provision of the individual's services.
(r) "Staff" means a person employed by an
area agency or provider agency.
Notes
#5791, eff 3-1-94, EXPIRED: 3-1-00
New. #7227, INTERIM, eff 3-31-00, EXPIRED: 7-29-00
New. #7494, eff 5-22-01; amd by #9013, eff 10-27-07; ss by #9475, eff 5-22-09
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.