N.H. Code Admin. R. He-E 801.22 - Personal Care Services

Current through Register Vol. 41, No. 39, September 30, 2021

(a) Personal care services shall be covered when provided by employees of:
(1) Home health care providers licensed in accordance with RSA 151:2 and He-P 809;
(2) Home care service providers licensed in accordance with RSA 151:2 and He-P 822; or
(3) Other qualified agencies certified in accordance with RSA 161-I and He-P 601.
(b) Covered personal care services shall include the following services:
(1) Hands-on assistance with the activities of daily living or cuing a participant to perform a task;
(2) Assisting the participant with eating, as specified in the care plan;
(3) Under the direction of the participant, assistance with self-administration of oral or topical medication as prescribed, to include:
a. Reminding the participant regarding the timing and dosage of the medication, and to take his or her medication as written on the medication container;
b. Placing the medication container within reach of the participant;
c. Assisting the participant with opening the medication container;
d. Assisting the participant by steadying shaking hands; and
e. Observing the participant take the medication and recording the same in the participant's record;
(4) Accompanying the participant when:
a. The assistance of the personal care worker is required for the participant to access necessary services that are documented in the comprehensive care plan; and
b. The need for re-direction or direct assistance, or both, is documented in the clinical assessment, or, if the participant needs oxygen or other equipment during the course of the trip that he or she cannot manage independently, is documented in the comprehensive care plan;
(5) When non-medical transportation services are authorized, hands-on assistance at the authorized destination when the comprehensive care plan documents that this assistance is required at the destination; and
(6) General household tasks, limited to the following:
a. Laundering the participant's personal clothing items, towels, and bedding;
b. Light cleaning limited to the participant's bedroom, bathroom, and mobility and medical devices;
c. When the participant lives alone, light cleaning of the kitchen and entry way areas, in order to maintain a safe environment;
d. Errands for necessary tasks identified in the comprehensive care plan; and
e. Preparing non-communal meals and snacks, unless for multiple CFI participants, including cleaning the food preparation area after the food is served.
(c) Personal care services shall not be covered:
(1) For the purpose of transportation;
(2) For the purposes of food preparation for meals and snacks provided to both the participant and non-participants;
(3) When provided in any of the following settings:
a. A residential care facility;
b. A hospital;
c. A nursing facility;
d. A rehabilitation facility;
e. An adult family care home; and
f. An adult medical day program; and
(4) When provided by any of the following individuals:
a. The participant's personal care services representative, designated in accordance with (d) and (e) below;
b. The participant's designated power of attorney, regardless of whether the power of attorney has been activated; or
c. The participant's legal guardian.
(d) The participant, his or her legal guardian, or a person granted power of attorney by the participant may designate a personal care services (PCS) representative to act on the participant's behalf:
(1) To direct the personal care services being provided; and
(2) Under the following conditions:
a. The following persons shall not serve as a PCS representative for purposes of directing personal care services:
1. The personal care worker providing services;
2. The participant's case manager; and
3. Anyone having a financial relationship with any agency providing personal care services or intermediary services, as defined in RSA 161-I: VII, to the participant;
b. The PCS representative shall be designated through a written document, stating that:
1. The PCS representative's role applies only to decisions made regarding the personal care services described in this section;
2. The appointment of a PCS representative may be revoked by the participant at any time; and
3. The responsibilities of the PCS representative shall be to:
(i) At a minimum, have weekly face-to-face contact with the participant and the personal care worker;
(ii) At a minimum, have monthly contact with the participant's case manager concerning personal care services;
(iii) Ensure that the personal care worker is taking the participant's care preferences into consideration; and
(iv) Communicate concerns or satisfaction to the provider agency that employs that personal care worker; and
c. The written document designating the PCS representative shall be signed by the participant or his or her legal guardian or by the person granted power of attorney and a witness and be maintained by the provider agency.
(e) When a PCS representative is designated, the participant, his or her guardian, or the person granted power of attorney shall:
(1) Notify the provider agency in writing of the PCS representative's name and scope of authority; and
(2) Notify the provider agency in writing of any changes in representation within 30 days of the date that the change occurs.


N.H. Code Admin. R. He-E 801.22

(See Revision Note at part heading for He-E 801) #9969, eff 8-8-11

Amended by Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12830, Effective 8/7/2019, Expires 2/3/2020.

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