CHAPTER He-M 1000 HOUSING
PART
He-M 1001
CERTIFICATION STANDARDS FOR DEVELOPMENTAL SERVICES COMMUNITY
RESIDENCES
Statutory
Authority: New Hampshire RSA
126-A:19-20; 171-A:3; 18, IV
REVISION NOTE:
Document #5867, effective 9-1-94, made
extensive changes to the wording, structure, and numbering of rules in Part
He-M 1001. Document #5867 supersedes all
prior filings for the sections in this part.
The prior filings for former Part He-M 1001 include the following
documents:
#1775, eff 7-7-81
#2188, eff 11-25-82
#2907, eff 11-16-84
#4481, eff 9-1-88
He-M 1001.01 Purpose. The purpose of these rules is to:
(a)
Define the standards and procedures for the certification of community
residences funded by the state of New Hampshire for persons with a
developmental disability or acquired brain disorder; and
(b) Establish minimum standards
governing the operation and continued certification of such residences.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED: 4-22-19
New. #12775, eff 5-7-19
He-M 1001.02 Definitions. The words and phrases used 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:
a. Significant decline in cognitive functioning
and ability;
b. Deterioration in:
1. Personality;
2. Impulse control;
3. Judgment;
4. Modulation of mood; or
5. Awareness of deficits; or
c. Both a. and b. above.
(b) “Agency residence” means a residence
operated by staff of an area agency or a provider agency.
(c) “Area” means “area” as defined in RSA
171-A:2, I-a, namely "a geographic region established by rules adopted by
the commissioner for the purpose of providing services to developmentally
disabled persons."
(d) “Area agency” means an entity
established as a non-profit corporation in the state of New Hampshire which is
designated by the department to provide services to persons with developmental
disabilities in the area in accordance with RSA 171-A:18 and He-M 505.
(e) “Behavioral change program” means a
written plan, protocol, or procedure that outlines strategies including, but
not limited to:
(1) Physical environment modifications;
(2) Restrictive strategies;
(3) Use of monitoring devices;
(4) Use of chemical restraints; or
(5) Other strategies for altering behavior.
(f) “Bureau” means the bureau of
developmental services of the department of health and human services.
(g) “Bureau administrator” means the chief
administrator of the bureau of developmental services.
(h) “Certificate holder” means the
person or agency in whose name a community residence’s certification is issued.
(i) “Certification” means the written
approval by the director for the office of operations support for the operation
of a community residence in accordance with He-M 1001.
(j) “Commissioner” means the commissioner
of the department of health and human services or his or her designee.
(k) “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
an 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.
(l) “Day service” means the educational,
vocational, or leisure activity for an individual that corresponds to the
activities of school, work, or retirement.
(m) “Department” means the New Hampshire
department of health and human services.
(n) “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."
(o) “Emergency” means an unexpected
occurrence or set of circumstances in an individual's life which consists of,
culminates in, or has resulted from serious physical or psychological injury,
or both, and requires immediate remedial attention.
(p) “Family residence” means a community
residence operated:
(1) Exclusively by a person or family residing
therein; and
(2) Under contract with an area agency or
provider agency.
(q) “Independent living arrangement” means
a situation where an individual does not receive daily and ongoing services and
supervision but receives assistance, as needed, to maintain or develop skills
to live independently and prevent circumstances that could necessitate more
intrusive and costly services.
(r) “Individual” means a person with a
developmental disability or acquired brain disorder who receives services from
an area agency.
(s) “License” means the written approval
from the department of health and human services issued in accordance with
either RSA 151 or RSA 170-E.
(t) “Licensed practitioner” means a
medical doctor, dentist, physician’s assistant, advanced practice registered
nurse , doctor of osteopathy, or doctor of naturopathic medicine.
(u) “Nurse trainer” means a registered
nurse who has been designated as a trainer pursuant to He-M 1201.10.
(v) “Provider” means a person who is
employed by, has a contract with, or receives any form of remuneration from an
area agency, provider agency, individual, or family to deliver residential services
to an individual.
(w) “Provider agency” means an area agency
or an entity under contract with an area agency that is responsible for the
operation or supervision of an agency residence or family residence.
(x) “Residence administrator” means a person
designated by a provider agency who has the authority to oversee the operation
of a community residence.
(y) “Service agreement” means a written
document prepared pursuant to He-M 503.10.
(z) “Service coordinator” means a person
who meets the criteria in He-M 503.08 (e)-(f) and 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, 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.
(aa) “Staff” means an employee of an area
agency, provider agency, or family who provides direct services to an
individual.
(ab) “Supervision” means that a provider or
his or her designee, who has been approved in in writing by the service
coordinator and legal guardian, if applicable, is physically present and able
to assist an individual in the home and community.
(ac) “Team” means a service coordinator,
individual, guardian, if applicable, and others invited by the individual to
participate in the service planning and review meetings.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00; amd by
#6582, eff
9-19-97
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED: 4-22-19
New.
#12775, eff 5-7-19
He-M 1001.03 Administrative Requirements.
(a)
A community residence shall have no more than 3 persons receiving paid
services in the residence without regard to payment source.
(b)
Any community residence serving 4 or more individuals shall be licensed
as required by RSA 151:2.
(c)
A community residence intending to provide or providing services to 2 or
more persons
not receiving services through an area agency or community mental health center
shall be licensed as required by RSA 151:2, I(e) and certified as required by
RSA 126-A:20.
(d)
If a community residence serving persons who are 18 years of age or
older intends to serve, or is serving, a person(s) who is under 18 years of
age, it shall obtain written approval for such an arrangement from the
guardian(s) of the person(s) under age 18 and the area agency.
(e)
A community residence that serves a person(s) who is under 18 years of
age shall be licensed as a foster family home pursuant to RSA 170-E:31-32.
(f)
Prior to hiring or contracting with a person to work in a community
residence, the provider agency, with the consent of the person and all household
members, as appropriate, shall:
(1) Obtain at least 2 references for the person;
(2) 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 169-C:35 or RSA
161-F:49, and submit the person’s name against such registry every 5 years
after hire;
(3) Complete a criminal records check, no more
than 30 days prior to the home opening, to ensure that the person and all adult
household members, excluding individuals, have no history of fraud, felony, or
misdemeanor conviction;
(4) If a person’s primary residence is out of
state, complete a criminal records check for his or
her state of residence;
(5) If a person has resided in New Hampshire for
less than one year, complete a criminal records check
for his or her previous state of residence; and
(6) Complete a motor vehicles
record check to ensure that the potential provider has a valid driver’s
license.
(g) A provider agency may hire a person with a
criminal record listed in (f)(3) above for a single offense that occurred 10 or
more years ago in accordance with (g) and (h) 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.
(h) Unless a waiver is granted pursuant to (i) below, a provider agency may not hire a person with a criminal
record, other than as specified in (g) above.
(i) The department
may grant a waiver of (h) 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.
(j)
Employment of a person pursuant to (g) above shall only occur if such
employment:
(1) Is approved in writing by the individual, his
or her guardian if applicable;
(2) 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) Does not negatively impact the health or
safety of the individual(s); and
(5) Does not affect the quality of services to
individuals.
(k)
Upon hiring a person pursuant to (g) 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 (g) 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;
(8) The certification number and expiration date
of the certified program, if applicable; and
(9) A full explanation of why the provider 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)
A family residence shall have a written agreement with the provider
agency that requires, at a minimum, that a list of the names of all persons
living in the residence who are not receiving area agency services be disclosed
to the provider agency.
(n)
No provider or other person living or working in a community residence
shall serve as the legal guardian of an individual living in that community
residence.
(o)
Community residences shall have personal injury liability insurance for
the residence and for vehicles used to transport individuals. Certificates of insurance shall be on file at
the premises.
(p)
Living space shall be arranged and maintained to support the health and
safety of all household members, as follows:
(1) Each community residence
shall be maintained in good repair and free of hazard to household members;
(2) Each community residence shall be free from
environmental nuisances, including loud noise and foul odors;
(3) All smoke alarm batteries shall be replaced
twice per year;
(4) All doors, hallways, and stairs shall be
clear, unobstructed, and uncluttered;
(5) All flammable or combustible materials shall
be stored at least 3 feet from electric heaters, wood/coal/pellet/kerosene
stoves, furnaces, boilers, or water heaters;
(6) All flammable liquids shall be stored away
from ignition sources;
(7) Oil furnaces must be serviced annually. All other furnaces shall be serviced annually
or as required/recommended by service provider or manufacturer; and
(8) If oxygen is used in the residence, all doors
entering the home shall be labeled accordingly.
Any oxygen in the home shall be firmly secured to the adjacent wall or
secured in a stand or rack.
(q)
A community residence shall provide the following:
(1) A specific sleeping area designated for each individual;
(2) A separate bed for each
individual with each bedroom containing no more than 2 beds; and
(3) Storage space for each
individual's clothing and other personal possessions.
(r)
An individual's right to privacy shall be protected.
(s)
Each bedroom shall be situated such that:
(1) No individual shall reside in a bedroom that
is the access way to another bedroom or to a common area of the house; and
(2) Common areas shall not be used as bedrooms by
anyone living in the home.
(t)
An individual’s rights in accordance with He-M 310.09 shall be
protected.
(u)
The community residence shall have:
(1) At least one indoor bathroom which includes a
sink, toilet, and a bathtub or shower for every 6 persons in the household;
(2) At least one telephone at all times when an
individual is in the home;
(3) An integrated, hard wired fire alarm system
with a detector in each bedroom and on each level of the home including
basement and attic, if the attic is used as living or
storage space. All detectors shall be
replaced at least once every 10 years;
(4) A functioning septic or other sewage disposal
system; and
(5) A source of potable water for drinking and
food preparation, as follows:
a. If drinking water is supplied by a non-public
water system, the water shall be tested and found to be in accordance with Env-Dw 702.02 and
Env-Dw 704.02 initially and every 6 years thereafter; and
b. If the water is not approved for drinking, an
alternative method for providing safe drinking water shall be implemented.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, eff 9-1-94, EXPIRED: 9-1-00; amd
by #6582, eff 9-19-97
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED: 4-22-19
New. #12775, eff 5-7-19
He-M 1001.04 Qualifications for Service
Provision.
(a)
All persons who provide residential services shall be at least 18 years
of age.
(b)
Prior to providing services to individuals, a prospective provider shall
have evidence of a negative mantoux tuberculin test
or, if positive, evidence of follow-up conducted in accordance with the Centers
for Disease Control and Prevention “Guidelines for Preventing the Transmission of M. tuberculosis in
Health-Care Settings” (2005 edition), available as noted in Appendix
A. Such test shall have been
completed within the previous 6 months.
(c)
Prior to delivering services to an individual, a prospective provider
shall have received orientation in the following areas:
(1) Rights as set forth in He-M 202 and He-M 310;
(2) The specific health-related requirements of each individual, including:
a. All current medical conditions, medical
history, and routine and emergency protocols; and
b. Any special nutrition, dietary, hydration,
elimination, or ambulation needs;
(3) Any specific communication needs;
(4) An
overview of developmental disabilities or acquired brain disorders, or both, as
appropriate, including the local and state service delivery system;
(5) Any behavioral supports required of
individuals served; and
(6) Any assistance individuals need to evacuate
the residence in the case of emergency.
(d)
Staff and providers with no prior experience providing services directly
to individuals shall not provide these services without direct oversight and
support during the first 16 hours of providing services.
(e)
Within the first 6 months of employment or contracting, each provider
agency shall ensure that staff and providers working or living in a community
residence are trained in the following:
(1) Everyday health including personal hygiene,
oral health, and mental health;
(2) The elements that contribute to quality of
life for individuals, including support to:
a. Create and maintain valued social roles;
b. Build relationships; and
c. Participate in their local communities;
(3) Strategies to help individuals to learn
useful skills;
(4) Behavioral support; and
(5) Consumer choice, empowerment, and
self-advocacy.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00; amd by
#6582, eff
9-19-97
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED: 4-22-19
New. #12775, eff 5-7-19
He-M 1001.05 Individual
Services.
(a)
A community residence shall tailor all services to the competencies,
interests, preferences, needs, and lifestyles of the individuals served and
provide such services in accordance with each individual’s
service agreement.
(b)
A community residence shall offer services that include assistance and instruction
to improve and maintain an individual’s skills in basic daily living, personal
development, and community activities such as:
(1) Personal decision making;
(2) Personal care, household management, budgeting,
shopping, and other functional skills;
(3) Household chores and responsibilities;
(4) Improving and maintaining social skills;
(5) Developing and maintaining personal relationships;
(6) Achieving and maintaining physical well-being;
(7) Improving and/or maintaining mobility and
physical functioning;
(8) Accessing a wide range of integrated
community activities including recreational, cultural, and other opportunities;
(9) Pursuing avocations in areas of personal interest;
(10) Participating in religious services and
practices of the individual’s choosing;
(11) Attending to personal hygiene and appearance;
(12) Accessing and using transportation;
(13) Accessing and using assistive technology; and
(14) Other similar activities as indicated in the
individual’s service agreement.
(c)
The number of providers working in a community residence shall be
sufficient to:
(1) Meet the needs of the individuals living therein,
as identified in each individual’s service agreement;
and
(2) Provide the services required by He-M
1001.05.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00; ss by #6582, eff
9-19-97
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED: 4-22-19
New.
#12775, eff 5-7-19
He-M 1001.06 Health and Safety.
(a)
The residence administrator shall arrange for an annual physical of each individual by a physician or other licensed
practitioner for the purpose of evaluating health status and making
recommendations regarding strategies for promoting and/or maintaining optimal
health.
(b)
The residence administrator shall, in conjunction with the service
coordinator, have arrangements to access medical services at
all times, including emergency services.
The residence shall have a written plan that specifies the procedures to
be followed in medical emergencies.
(c)
In the event of emergency concerning an individual including
hospitalization, serious illness, serious injury, imminent death, or death, the
residence administrator or service coordinator shall:
(1) Promptly
notify the individual's next of kin, , guardian, and
spouse or significant other, as applicable; and
(2) Respect and follow the wishes of the
individual or guardian with regard to religious
matters, if applicable.
(d)
Providers having personal knowledge of an emergency as described in (c)
above shall notify the individual’s service coordinator immediately, and in
writing within 24 hours.
(e)
The written notification shall be kept on file at the area agency and a
copy of the notice retained in the individual’s residential record.
(f) In the event of the death of an individual:
(1) The provider agency shall immediately notify
the area agency; and
(2) The area agency shall:
a.
Notify the bureau within 12 hours and submit written mortality
notification of the following to the bureau within 24 hours:
1. The individual’s name, address, date of
birth, gender, race, and ethnicity;
2. The date and place of death and whether or
not hospice was involved;
3. The individual’s medical diagnoses;
4. The names and phone numbers of any family
members and guardians notified, and the date of notification;
5. A description of the individual’s living
situation and whether it had changed within the previous 6 months;
6. The apparent cause of death as recorded by
the attending licensed practitioner; and
7. A detailed description of the events
surrounding the individual’s death, including what happened, what care was
provided, and who was involved; and
b. Perform a mortality review as required in (g)
and (h) below.
(g) Each area agency
shall assess the relationship of any individual’s unanticipated death to
service provision and the natural course of any illness or underlying
condition.
(h) Such a mortality
review shall evaluate and, where applicable, document the following:
(1) The individual’s medical plan of care;
(2) Medical interventions required within the
past year:
(3) Medical records, including physical exams and
hospitalizations within the past year;
(4) The individual’s health status over the
previous 3 months; and
(5) The type and amount of residential care
provided.
(i) In any case of known or suspected neglect,
abuse, or exploitation, the provider aware of the situation shall:
(1) Follow procedures as outlined in He-M 310,
rights of persons receiving developmental services in the community, and any
other applicable rules relative to rights protection procedures; and
(2) Report the situation to the division of
children, youth, and families in accordance with RSA 169-C:29 and/or the bureau
of elderly and adult services as required by RSA 161-F:42-57, as applicable.
(j)
All agency staff and providers who administer medications to any
individual receiving services in an He-M 1001 certified setting shall be
authorized in accordance with He-M 1201.
(k)
A provider shall have the following responsibilities with respect to an
individual’s food and fluids:
(1) The individual's preferences shall be taken into
account when preparing meals;
(2) Varied and nutritionally balanced meals,
including adequate fluids, shall be provided in the morning, at midday, and in the
evening, unless other arrangements for meals have been made;
(3)
Information regarding the signs and symptoms
of dehydration specific to the individual shall be requested and retained;
(4)
Access to food shall not be restricted unless a licensed practitioner
deems it necessary for the health of the individual
and the legal guardian consents to the restriction;
(5) Special diets,
dietary supplements, and dietary restrictions or modifications shall be
according to a licensed practitioner’s orders or the individual's religious practices;
(6)
If an individual requires specific methods or techniques for maintaining
adequate nutrition and/or hydration, as determined by a licensed practitioner,
such methods or techniques shall be implemented and documented in the
individual’s clinical record; and
(7)
No attempt to feed or hydrate an individual against his or her will
shall be made unless medically prescribed by a licensed practitioner and
approved by the individual or legal guardian.
(l)
Providers shall label toxic substances as to contents and antidote and
safely store such substances away from food preparation and food storage areas.
(m)
Prior to providing services, a community residence shall develop an
emergency evacuation plan that indicates the location of all evacuation routes
and exits and provides for the safe evacuation of all persons within 3 minutes.
(n)
An individual and his or her guardian shall be notified in writing if
any current or prospective household member smokes within the home.
(o)
Upon moving to a new community residence, each
individual shall be oriented to evacuation procedures by the
provider.
(p)
Within 5 business days of an individual’s moving into a community
residence or a change in residential provider, a service coordinator and
licensed nurse shall visit the individual in the home to determine if the
transition has resulted in adverse changes in the health or behavioral status
of the individual.
(q)
A service coordinator shall document the visit described in (p) above in
the individual’s record.
(r)
If negative changes are noted, a service coordinator shall develop a
remediation plan and include it within the individual’s record.
(s)
Within 5 days of an individual’s moving into a community residence, the
provider shall:
(1)
Conduct a fire evacuation drill to assess the individual’s ability to
evacuate the residence in less than 3 minutes; and
(2)
Based on the drill, complete and document a fire safety assessment that
includes the following individual risk factors:
a.
Response to alarm;
b.
Response to instruction;
c.
Vision and hearing difficulties;
d.
Impaired judgement;
e.
Mobility problems; and
f.
Resistance to evacuation.
(t) The fire
safety assessment shall indicate:
(1) The staff or provider to individual ratio
during both sleep and non-sleep hours;
(2) The name and phone number of agency back-up
in the event of an emergency; and
(3) The date completed and signature of the
person documenting the individual’s risk factors.
(u)
For each individual unable to evacuate his or her residence within 3
minutes, a fire safety plan shall be developed and approved by the individual
or guardian, provider, service coordinator, and residential administrator that
identifies:
(1) The cause(s) for such inability;
(2) The specific assistance needed by the
individual and to be furnished by the provider; and
(3) A training approach to reduce the evacuation
time to 3 minutes or less.
(v)
Evacuation drills shall:
(1) Be held at varied times of the day;
(2) Involve all persons in the home at the time
of the drill;
(3) For community residences of 4 or more
individuals, comply with He-P 814.23(m); and
(4) For community residences of 3 or fewer individuals,
include transmission of the alarm signal unless doing so would register as a
false alarm to the fire department or alarm company.
(w)
A written record of each evacuation drill shall:
(1) Be kept on file at each community residence;
and
(2)
Indicate:
a. The names of all the individuals involved;
b. The date of the drill;
c. The time of day;
d. The time taken to evacuate; and
e. The exits utilized.
(x)
If a community residence for 3 or fewer individuals has been evacuated
in 3 minutes or less during each of 6 consecutive monthly drills, one of which
has been a sleep-time drill, the residence shall
thereafter conduct a drill at least once quarterly, with one drill per year to
be during sleep hours.
(y)
If a community residence serves 4 or more individuals, the residence
shall conduct monthly drills, with at least 3 drills per year to be held during
sleep hours.
(z)
A community residence that has a complete sprinkler system and fire
alarm system that immediately notifies the local fire department shall be
exempt from the requirement to complete a fire drill in less than 3 minutes if
documentation is provided that such systems are in compliance
with local fire codes. However, a
fire safety plan in accordance with He-M 1001.06(u) above shall be developed
and maintained for each individual that demonstrates
the approach to be taken to reduce the evacuation time.
(aa) If a new individual moves into a
community residence for 3 or fewer individuals, the community residence shall:
(1) Conduct monthly drills until all individuals
have evacuated the residence in 3 minutes or less for 3 consecutive monthly
drills; and
(2) Thereafter conduct a drill at least once
quarterly, with one drill per year to be during sleep hours.
(ab) For any individual receiving less than
24-hour supervision, a personal safety assessment pursuant to (ac) below shall
be completed.
(ac) The personal safety assessment shall
identify an individual's ability to demonstrate the following safety skills to
include:
(1) Respond to a fire including exiting safely
and seeking assistance;
(2) Care for personal health, including
understanding health issues, taking medication, seeking assistance for health
needs and applying basic first aid;
(3) Seek safety if victimized or sexually exploited;
(4) Negotiate one’s community, including finding
one’s way, riding in vehicles safely, handling money safely, and interacting
with strangers appropriately;
(5) Respond appropriately in severe weather and
other natural disasters, including storms, extreme temperature; and
(6) Maintain a safe home, including:
a. Operating heating, cooking, and other
appliances; and
b. Responding to common household problems such as
a blocked toilet, power failure and gas odors.
(ad) The personal safety assessment
required in (ab) above shall include approval of the individual or legal
guardian, provider, residential coordinator, and service coordinator. This assessment shall be reviewed annually,
and whenever there is a change in the individual’s residence or his or her
ability to respond to the contingencies listed in the assessment.
(ae) The individual’s team, including the
individual, shall develop a personal safety plan if the personal safety
assessment determines that the individual needs assistance to respond
appropriately to the situations outlined in (ac) above.
(af) A personal safety
plan shall:
(1) Identify the supports necessary for an
individual to respond to each of the contingencies listed in (z) above;
(2) Indicate who will provide the needed supports;
(3) Describe how the supports will be activated
in an emergency;
(4) Indicate annual approval of the individual or
legal guardian, provider, residential coordinator, and service coordinator;
(5) Be reviewed by the individual’s team at the
time of the individual’s service agreement; and
(6) Be revised whenever there is a change in the individual’s
residence or ability to respond to the contingencies listed in the plan.
(ag) The individual or his or her guardian
shall approve the personal safety assessment and plan prior to the individual
being without supervision for specified periods of time. Any revisions to the plan shall require prior
approval by the individual’s team.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00
New. #7681, eff 4-23-02; amd
by #8209, eff 11-23-04; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10;
ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED: 4-22-19
New. #12775, eff 5-7-19
He-M 1001.07 Behavioral
Support.
(a)
If an individual is demonstrating behaviors that are harmful to self or
others, the residence administrator shall notify the service coordinator. In collaboration with others supporting the
individual, the service coordinator shall facilitate the planning,
implementation, and monitoring of any behavioral change program determined
necessary.
(b)
A behavioral change program or any form of restrictive strategy shall
only be implemented by a community residence when such has been approved in
writing by the individual, his or her guardian, the individual's team, and the area agency’s
human rights committee, established pursuant RSA 171-A:17. All behavioral change programs or forms of
restrictive strategy shall be reviewed annually.
(c)
A provider agency shall have written policies and procedures which
address behavioral supports. These
policies and procedures shall be directed toward maximizing the growth and
development of the individual by incorporating a hierarchy of methods that
emphasize positive approaches to behavioral support.
(d)
Behavioral support policies and procedures shall:
(1) Address the following concepts:
a. Behavior is a form of communication and
efforts should be made to understand its purpose;
b. There are different learning styles, skills,
and motivations of individuals;
c. Relationships, environments, and personal
histories have an impact on effecting behavioral change; and
d. Intentional and unintentional responses to
behavior, such as ignoring, redirecting, and reinforcing, affect behavior;
(2) Include the following behavior change
strategies:
a. Preventing behavioral difficulties by
adjusting the environment, responses to the individual’s behavior, or both;
b. Creating opportunities for meaningful
participation in daily life, such as employment;
c. Teaching mutual respect within relationships;
and
d. Redirecting and de-escalating behaviors that
are harmful to self or others;
(3) Outline training requirements for providers
using the program; and
(4) Indicate the mechanism to be used to monitor
the implementation of any behavior change program and gauge its effectiveness.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00; amd by
#6582, eff
9-19-97
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New. #12775, eff 5-7-19
He-M 1001.08 Individual Records.
(a)
Separate records for each individual shall be
maintained by the residence administrator at the residence.
(b)
Each individual living in a community residence shall have specified in
his or her service agreement the number of hours of daily supervision required.
(c)
Each individual's record shall include:
(1) The names, addresses, and telephone numbers
of persons to be notified in an emergency;
(2) The individual's current individual service agreement;
(3) The individual’s fire safety assessment and, if
applicable, fire safety plan;
(4) The individual’s personal safety assessment
and personal safety plan, if determined necessary according to He-M 1001.06
(ab) and (ae);
(5) Progress notes, in accordance with the
service agreement, that document residential services provided;
(6) Medical information including:
a. The names, addresses, and telephone numbers
of the individual's physician, dentist, therapists, and any other licensed practitioners;
b. Medical orders;
c. Medical history;
d. The dates of
medical testing, to include, but not be limited to, colonoscopies, mammograms,
pap smears, PSA tests, bone density tests, dental work, and eye exams;
e. A copy of the nurse-trainer assessment and
approval for medication self-administration as required by He-M 1201.05, if applicable;
f. A copy of the annual physical of the
individual pursuant to He-M 1001.06 (a);
g. Known allergies, if any;
h. A copy of the individual’s DNR order, if applicable;
i. Health Risk Screening Tool (HRST) monthly
data tracker information;
j. Other pertinent medical information; and
k. A medication log completed at the residence
pursuant to He‑M 1201.08 for all current medications; and
(7) If applicable, documentation that the
individual or guardian refused to provide the medical information required in
(6) above.
(d)
Attendance records shall be completed by the residence administrator or
other provider such that:
(1) The date and whether or not residential services
were provided to the individual shall be recorded;
(2) When a leave of absence occurs, the record
shall indicate the date and time of the individual's departure and return and
the reason for the absence; and
(3) Attendance records shall be on file at the
community residence.
(e)
Outdated information may be removed from the community residence record
but shall be maintained in the individual's record and accessible by the area
agency for 6 years.
(f)
When service provision is to be transferred from one provider or area
agency to another, the transferring agency shall provide the following
information regarding the individual:
(1) Medical history, including diagnosis and
annual health assessments for the past 3-year period, if available;
(2) Any known allergies;
(3) Assessment for self-administration of
medication pursuant to He-M 1201.05, if applicable,
(4) Current medications and a medication list
with the times medications are administered;
(5) Current medication orders and medication
administration consent forms;
(6) Current medication administration
authorizations of any staff transferring with the individual;
(7) For
informational purposes, copies of the past 2 months of records of medication administration
performed pursuant to He-M 1201;
(8) Dental health information;
(9) Pertinent personal information, such as:
a. Use of
adaptive equipment;
b. Sleep
patterns; and
c. Preferences
and dislikes;
(10) Any applicable protocols, such as those for:
a. Feeding;
b. Swallowing;
c. Medication administration;
d. Behavioral
support; and
e. Seizures;
(11) Most recent service agreement; and
(12) List of contacts and emergency information.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New. #12775, eff 5-7-19
He-M 1001.09 Quality Assurance.
(a)
An area agency shall monitor its community residences and conduct
periodic quality assurance visits to each community residence to ensure that
services are provided pursuant to He-M 1001.
(b)
Quality assurance visits shall be conducted at least annually,
but may be at a greater frequency as determined by the area agency. Such visits shall be announced or unannounced
to the residential provider.
(c)
The department shall conduct quality assurance visits to community
residences. Such visits may be announced
or unannounced.
(d)
Each area agency shall review certification deficiencies pursuant to
He-M 1001.14 to identify necessary corrective action and maintain
compliance.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94; ss by #6582, eff 9-19-97; ss by #7681, eff 4-23-02; ss
by #9696, INTERIM, eff 4-23-10, EXPIRES:
10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New.
#12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New.
#12775, eff 5-7-19
He-M 1001.10 Certification.
(a)
To be eligible for reimbursement by the department, a community
residence shall be certified in accordance with He-M 1001.
(b)
A certificate issued to an applicant shall indicate:
(1) The effective date of the certificate;
(2) The expiration date of the certificate;
(3) The certificate number;
(4) The type of certificate, which shall be
listed as:
a. Emergency;
b. Temporary;
or
c. Annual, which
shall encompass both initial and renewal certifications.
(5) The maximum number of certified beds allowed,
including respite beds, as determined by the applicable sections of He-M
1001.03 (a)-(c);
(6) The name of the provider agency;
(7) The name of the area agency; and
(8) Information regarding any waivers issued in
accordance with He-M 1001.19.
(c) A community residence shall obtain approval
from the provider agency identified on its certification prior to serving
individuals from a different provider agency.
(d)
All certificates shall be non-transferable from one physical location to
another.
(e) A provider agency
shall make application to the health facilities administration (BHFA) to assume
a current certification that is being relinquished by another provider agency
for the same physical location.
(f)
Certifications shall be valid as indicated by the type:
(1) Emergency certificates shall be valid for 45 days;
(2) Temporary certificates shall be valid for 90 days;
(3) Annual certificates shall be valid from the
effective date of the temporary certificate until the last day of the twelfth
month following temporary certification, and
(4) Future annual certificates shall be valid for
one year from the expiration date of the previous certificate.
(g)
Any community residence that no longer intends to provide services to
individuals shall notify the department in writing of the following
information:
(1) The name of the provider;
(2) The certificate number of the community residence;
(3) The address of the community residence;
(4) The date the community residence closed or
will close; and
(5) The location that the individual(s) has moved
to, including the name and address of the provider and certificate number of
the community residence, if available.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New. #12775, eff 5-7-19
He-M 1001.11 Initial
Certification Process.
(a)
An applicant for initial certification as a community residence shall
apply via an application form obtained from the health facilities
administration entitled “Request for Certification of Community Residence
and/or Individual Day Provider,” incorporated by reference in He-M 1001.20 (a),
and a new, signed approval from the local fire official, completed within the
past 90 days.
(b)
Information entered on the form described in (a) above shall be
typewritten or otherwise legibly written.
(c)
An applicant shall request initial certification for any of the
following reasons:
(1) Certification of a new community residence;
or
(2) For an existing community residence:
a. A change in physical location; or
b. An increase in the number of certified beds.
(d)
If the signer of the application knew or should have known that the
residential program was not in compliance with applicable statutes and rules at
the time of signing, the department shall deny or revoke certification pursuant
to He-M 1001.15 (a)(6) or He-M 1001.16 (a)(6).
(e)
A temporary certification shall be granted for 90 days from the date
that the office of legal and regulatory services receives all information
required on the application form incorporated by reference in He-M 1001.20 (a).
(f)
A certification review shall be conducted by the office of legal and
regulatory services within 90 days of the date of receipt of all application
information required in the application form incorporated by reference in He-M
1001.20 (a) for the purposes of determining whether or not
the community residence is in compliance with He-M 1001.
(g)
If the community residence is not in compliance with He-M 1001 at the
certification review required by (f) above, the community residence shall
submit a plan of correction in accordance with He-M 1001.14 (c) and (g), and the application
form incorporated by reference in He-M 1001.20 (a).
(h)
If, as a result of a certification review in accordance with (f) above,
the community residence is found to be in compliance with He-M 1001,
certification shall be granted as specified in He-M 1001.10 (f)(3).
(i) An application for certification shall be
denied based upon criteria listed in He-M 1001.15 (a).
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94; ss by #6582, eff 9-19-97; ss by #7681, eff 4-23-02; ss
by #9696, INTERIM, eff 4-23-10, EXPIRES:
10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New.
#12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New.
#12775, eff 5-7-19
He-M 1001.12 Renewal Certification Process.
(a) A community residence seeking to renew certification
shall apply via the application form obtained from the office of legal and
regulatory services entitled “Request for Certification of Community Residence
and/or Individual Day Provider” incorporated by reference in He-M 1001.20 (a)
(b) Information entered on the form described in
(a) above shall be typewritten or otherwise legibly written.
(c) The community residence shall submit with the
application:
(1) A copy of
any current waivers pertaining to the community residence;
(2) A statement
identifying any exception or variance applied for or granted by the state fire
marshal in accordance with Saf-C 6005; and
(3) A new,
signed approval from the local fire official if renovations were completed
since the last submission of a life safety code inspection that:
a. Required a
building permit pursuant to local building codes; or
b. Have altered
any means of egress.
(d) Community residences applying for renewal certification
shall submit the completed application in (a) above 60 days prior to the
expiration of the certificate.
(e) The office of legal and regulatory services shall
conduct an inspection in accordance with He-M 1001.14 (a) prior to
recertification of:
(1) A community
residence that holds a license pursuant to RSA 151;
(2) A community
residence that has increased the number of people receiving residential or community
participation services since its last inspection;
(3) A community
residence that had one or more deficiencies cited at its last renewal; and
(4) A community
residence that does not have an annual certificate.
(f) If at its previous annual inspection, a
community residence had no deficiencies cited, the provider agency shall
submit, 60 days prior to the expiration of the current certificate, the
following in lieu of an onsite inspection:
(1) A completed
form “Request for Certification of Community Residence and/or Individual Day
Provider” incorporated by reference in He-M 1001.20 (a); and
(2) Written indication, signed by the provider agency’s
executive director, that the provider agency has monitored and will continue to
monitor the residence and that the residence remains in full compliance with
all applicable rules.
(g) A certification issued pursuant to (f) above
shall only be granted once in any 2-year period.
(h) If, at the time an inspection is due, a
community residence does not have any individuals living in the residence, it
may:
(1) Submit a
letter notifying the office of legal and regulatory services of its intent to close;
or
(2) Submit a “Request for Certification of Community
Residence and/or Individual Day Provider” incorporated by reference in He-M
1001.20 (a) to the office of legal and regulatory services for certification
renewal without inspection.
(i) If a community
residence has been approved in accordance with (f) above, the certificate shall
indicate: "renewed without inspection."
(j) A provider agency shall notify the office of
legal and regulatory services, in writing, within 7 days of an individual
moving into the residence.
(k) Pursuant to He-M 1001.14, an on-site
inspection shall be conducted, and a plan of correction submitted, if required,
within 90 days of receipt of any notification in (h) above.
(l) The current certification shall be effective
until recertification has been granted, or until the current certification has
been denied or revoked.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00
New. #7681, eff 4-23-02; amd
by #8209, eff 11-23-04; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10;
ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New.
#12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New.
#12775, eff 5-7-19
He-M 1001.13 Emergency Certification Process.
(a) Emergency certification shall be granted to a
community residence in accordance with (b) through (h) below.
(b) Within 7 days of an individual’s moving into
a community residence, the provider agency shall apply for an emergency
certificate via the application form entitled “Emergency Certification for
Community Residence- 3 for Fewer Beds,” incorporated by reference in He-M
1001.20 (b). A current floor plan shall
be submitted with that application.
(c) Information entered on the form described in
(b) above shall be typewritten or otherwise be legibly written.
(d) The start date of the emergency certification
shall be the date that the individual moves into the community residence and
not more than 7 days from the receipt of the emergency application by the
department.
(e) Emergency certification shall be issued for
45 days from the start date upon receipt by the office of legal and regulatory
services application completed in accordance with He-M 1001.20 and pursuant to
(b) above.
(f) An emergency certification issued pursuant to
(e) above shall be extended for an additional 45 days for a community residence
that:
(1) Submits to
the office of legal and regulatory services evidence that the provider agency
has made written request to the local fire inspector for a life safety
inspection and report; and
(2) Files a written
request for the extension with the office of legal and regulatory services
legal and regulatory services prior to the expiration of the emergency
certificate.
(g) Only one request for an extension to an
emergency certificate shall be granted.
(h) A
community residence operating under an emergency certification that seeks to
continue operation shall apply for certification in accordance with He-M
1001.11.
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94, EXPIRED: 9-1-00
New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New.
#12775, eff 5-7-19
He-M 1001.14 Inspections and Plans of Correction.
(a) The department shall conduct inspections to
determine compliance with all applicable rules prior to:
(1) Issuing an
initial certification; and
(2) Renewing a
certificate except as allowed by He-M 1001.12 (f) or (g).
(b) Following an inspection and determination
pursuant to (a) above, the department shall issue a written inspection report
that includes:
(1) The name
and address of the physical location of the community residence;
(2) The name of
the responsible area agency(ies);
(3) The date of
the inspection;
(4) A listing
of all rules with which the community residence failed to comply;
(5) Evidence
supporting the finding of non-compliance with each identified rule; and
(6) The name of
the person(s) conducting the inspection.
(c) If deficiencies were cited in the inspection
report, within 21 days of the date of issuance of the report the community
residence shall submit a written plan of correction or submit information as to
why the deficiency(ies) did not exist. The department shall evaluate any submitted
information on its merits and render a written decision on whether a written
plan of correction is necessary.
(d) If one or more deficiencies cited pertain to He-M 1201, the residence administrator shall ensure that
a copy of the deficiency report is provided to the nurse-trainer.
(e) The plan of correction submitted in accordance
with (c) above shall specify:
(1) How the
community residence corrected or intends to correct and prevent occurrence of
each deficiency; and
(2) The date by
which each deficiency will be corrected.
(f) The department shall issue a certificate if
it determines that the plan of correction:
(1) Addresses
each identified deficiency in a manner which achieves full compliance with
rules cited in the inspection report;
(2) Does not create
a new violation of statute or rule as a result of its
implementation; and
(3) States a
completion date.
(g) The department shall reject a plan of
correction that fails to comply with (f) above.
(h) If the proposed plan of correction is rejected,
the department shall notify the community residence in writing of the reason(s)
for rejection.
(i) Within 21 days of
the date of the written notice under (h) above, the community residence shall
submit a revised plan of correction that
(1) Includes
proposed alternatives that address the reason(s) for rejection; and
(2) Is reviewed
in accordance with (f) and (g) above.
(j) If the revised plan of correction is
rejected, the department shall deny the certification request.
(k) The department
shall verify that a plan of correction, as submitted and accepted, has been
implemented by:
(1) Reviewing
materials submitted by the community residence;
(2) Conducting
a follow-up inspection; or
(3) Reviewing
compliance during the next certification inspection required by He-M
1001.14(a).
Source. (See Revision Note at part heading for He-M
1001) #5867, eff 9-1-94; ss by #6582, eff 9-19-97; ss by #7681, eff 4-23-02; ss
by #9696, INTERIM, eff 4-23-10, EXPIRES:
10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New. #12775, eff 5-7-19
He-M 1001.15 Denial of Certification.
(a)
The department shall deny an application for certification, following
written notice pursuant to (b) below and opportunity for a hearing pursuant to
He-C 200, due to any of the following reasons:
(1) Any reported abuse, neglect, or exploitation
of an individual by an applicant, residence administrator, provider, staff
member, or person living in a community residence, if:
a. Such abuse,
neglect, or exploitation is reported on the state registry of abuse, neglect,
and exploitation in accordance with RSA 161:F-49;
b. Such
person(s) continues to have contact with the individual; and
c. Such finding
has not been overturned on appeal, been annulled, or received a waiver pursuant
to He-M 1001.19;
(2)
Any applicant, provider, staff member, or person living in the community
residence has been found guilty of fraud, a felony, or a misdemeanor against a
person in this or any other state by a court of law, unless a waiver has been
obtained pursuant to He-M 1001.19;
(3) A provider agency or area agency fails to
perform criminal background checks on all persons who:
a. Are paid to
provide services under He-M 1001; and
b. Begin to
provide such services on or after the effective date of He-M 1001;
(4)
An applicant, provider, staff member, or person living in the community residence
has an illness or behavior that, as evidenced by the documentation obtained or
the observations made by the department, would endanger the well-being of the
individuals or impair the ability of the community residence to comply with
department rules;
(5)
An applicant or provider, or any representative or employee of the
applicant or provider, knowingly provides materially false or misleading
information to the department;
(6) An applicant or provider, or any
representative or employee of the applicant or provider, fails to permit or
interferes with any inspection or investigation by the department;
(7) An applicant or provider, or any representative
or employee of the applicant or provider, fails to provide required documents
to the department;
(8) At an inspection the applicant or certificate
holder is not in compliance with RSA 171-A or He-M 1001 or other applicable
certification rules;
(9)
An applicant or provider has a history of multiple or repeat violations
of RSA 171-A or its implementing administrative rules that pose, or have posed,
a health or safety risk to individuals;
(10) An applicant or provider has submitted a
revised plan of correction that has been rejected by the department in
accordance with He-M 1001.14 (g);
(11) An applicant or provider has failed to fully
implement or continue to comply with a plan of correction that has been
accepted by the department in accordance with He-M 1001.14 (f)
; or
(12) For community residences for 4 or more
individuals, denial or revocation of licensure or denial of application for
licensure has taken place.
(b)
Certification shall be denied upon the written notice by the department
to the community residence stating the specific rule(s) with which the
residence does not comply.
(c)
Any applicant or provider aggrieved by the denial of certification may
request an adjudicative proceeding in accordance with He-M 1001.18. The denial shall not become final until the
period for requesting an adjudicative proceeding has expired or, if the
applicant or provider requests an adjudicative proceeding, until such time as
the administrative appeals unit issues a decision upholding the department’s
action.
(d)
A community residence shall not accept additional individuals if a
notice of denial of certification has been issued.
Source. #7681, eff 4-23-02; amd
by #8209, eff 11-23-04; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10;
ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New. #12775, eff 5-7-19
He-M-1001.16 Revocation of Certification.
(a)
The department shall revoke a certification, following written notice
pursuant to (b) below and opportunity for a hearing pursuant to He-C 200, due
to any of the following reasons:
(1) Any reported abuse, neglect, or exploitation
of an individual by a certificate holder, residence administrator, provider,
staff member, or person living in a community residence, if:
a. Such abuse, neglect,
or exploitation is reported on the state registry of abuse, neglect, and
exploitation in accordance with RSA 161:F-49;
b. Such
person(s) continues to have contact with the individual; and
c. Such finding
has not been overturned on appeal, been annulled, or received a waiver pursuant
to He-M 1001.19;
(2) Any provider, staff member, or person living
in the community residence has been found guilty of fraud, a felony, or a
misdemeanor against a person in this or any other state by a court of law,
unless a waiver has been obtained pursuant to He-M
1001.19;
(5) A provider agency or area agency fails to
perform criminal background checks on all persons who:
a. Are paid to
provide services under He-M 1001; and
b. Begin to provide
such services on or after the effective date of He-M 1001;
(6)
The certificate holder or a staff member or person living in the
community residence has an illness or behavior that, as evidenced by the
documentation obtained or the observations made by the department, would
endanger the well-being of the individuals or impair the ability of the
community residence to comply with department rules;
(7) The certificate holder or any representative or
employee of the certificate holder knowingly provides materially false or
misleading information to the department;
(8) The certificate holder or any representative
or employee of the certificate holder fails to permit or interferes with any
inspection or investigation conducted by the department;
(9) The certificate holder or any representative
or employee of the certificate holder fails to provide required documents to
the department;
(10) At an inspection, the certificate holder is
not in compliance with RSA 171-A or He-M 1001 or other applicable certification
rules;
(11) The certificate holder has a history of
multiple or repeat violations of RSA 171-A or its implementing administrative
rules that pose, or have posed, a health or safety risk to individuals;
(12) The certificate holder has submitted a
revised plan of correction that has been rejected by the department in
accordance with He-M 1001.14 (g);
(13) The certificate holder has failed to fully
implement or continue to comply with a plan of correction that has been
accepted by the department in accordance with He-M 1001.14 (f); or
(14) For community residences for 4 or more
individuals, denial or revocation of licensure or denial of application for
licensure has taken place.
(b)
Certification shall be revoked upon the written notice by the department
to the community residence stating the specific rule(s) with which the
residence does not comply.
(c)
Any certificate holder aggrieved by the revocation of the community
residence’s certificate may request an adjudicative proceeding in accordance
with He-M 1001.18 The
revocation shall not become final until the period for requesting an
adjudicative proceeding has expired or, if the certificate holder requests an
adjudicative proceeding, until such time as the administrative appeals unit
issues a decision upholding the department’s action.
(d)
A community residence shall not accept additional individuals if a notice
of revocation of certification has been issued.
(e)
If certification has been revoked, the certificate holder, in
conjunction with the provider agency, shall transfer all individuals to another
appropriately certified residence.
Source. #7681, eff 4-23-02; amd
by #8209, eff 11-23-04; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10;
ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New. #12775, eff 5-7-19
He-M 1001.17 Immediate Suspension of
Certification.
(a) Notwithstanding the provision of He-M 1001.16
(c), in the event that a violation poses an immediate
and serious threat to the health or safety of an individual, the bureau
administrator shall, in accordance with RSA 541-A:30, III, suspend a community
residence’s certification immediately upon issuance of written notice
specifying the reasons for the action.
(b) The bureau administrator, or his or her
designee, shall schedule and hold a hearing within 10 working days of the
suspension for the purpose of determining whether to revoke or reinstate the
certification. The hearing shall provide
opportunity for the provider, residence administrator, provider agency, or area
agency whose certification has been suspended to demonstrate that it has been,
or is, in compliance with the specified requirements.
Source. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New.
#12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New.
#12775, eff 5-7-19
He-M 1001.18 Appeals.
(a)
An applicant for certification, provider, residence administrator, provider
agency, or area agency may request a hearing regarding a denial or revocation
of certification, except as provided in He-M 1001.17 above.
(b)
Appeals shall be submitted, in writing, to the bureau administrator in
care of the department’s office of client and legal services within 10 days
following the date of the notification of denial or revocation of
certification.
(c)
The bureau administrator or his or her designee shall immediately
forward the appeal to the department’s administrative appeals unit which shall
assign a presiding officer to conduct a hearing or independent review, as
provided in He-C 200. The burden shall
be as provided by He-C 203.14.
Source. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New. #12775, eff 5-7-19
He-M 1001.19 Waivers.
(a)
An applicant for certification, provider, residence administrator,
provider agency, area agency, or individual may request a waiver of specific
procedures outlined in He-M 1001 by applying via the form entitled “NH Bureau
of Developmental Services Waiver Request,” incorporated by reference in He-M
1001.20 (d).
(b)
No provision or procedure prescribed by statute shall be waived.
(c)
The request for a waiver shall be granted by the commissioner or his or
her designee within 30 days if the alternative proposed by the requesting
entity meets the objective or intent of the rule and it:
(1) Does not negatively impact the health or
safety of the individual(s); and
(2) Does not affect the quality of services to
individuals.
(d)
The determination on the request for a waiver shall be made within 30
days of the receipt of the request.
(e)
Upon receipt of approval of a waiver request, the requesting entity’s
subsequent compliance with the alternative provisions or procedures approved in
the waiver shall be considered compliance with the rule for which waiver was
sought.
(f)
With the exception of waivers granted pursuant to (g) below, and unless
otherwise specified, waivers granted by the department shall have no expiration
date.
(g)
Those waivers which relate to the following shall be effective for the
current certification period only:
(1) Fire safety; or
(2) Other issues relative to the health, safety or
welfare of individuals that require periodic reassessment.
(h)
Any waiver shall end with the closure of the related program or service.
(i) A provider, residence administrator, subcontract
agency, area agency, or individual may request a renewal of a waiver from the
bureau. Such request shall be made at
least 90 days prior to the expiration of a current waiver.
Source. #7681, eff 4-23-02; ss by #9696, INTERIM, eff
4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18
New. #12650, INTERIM, eff 10-24-18, EXPIRED 4-22-19
New. #12775, eff 5-7-19
He-M 1001.20 Required Forms.
(a)
Applicants or community residences applying for an initial or renewal
certification shall complete and submit the form entitled “Request for
Certification of Community Residence and/or Individual Day Provider” (August
2019).
(b)
Applicants applying for emergency certification shall:
(1) Complete
and submit the form entitled “Emergency Certification for Community Residences-
3 or Fewer Beds” (April 2019) certifying the following:
“I Certify that:
A. (Individual’s name), born on (date of birth)
needed immediate placement on (date) to protect his/her health and safety
because ______________________________________.
B. There is no condition within the above
residence that would pose a health or safety threat to the client.
C. This residence
is in full compliance with the statutes and regulations governing Community
Residences.”; and
(2) Include a signature from the provider agency
representative and the executive director of the responsible area agency that
verifies that the appropriate staff determined that the home meets the
requirements of He-M 503, He-M 522, He-M 1001, He-M 1201, and He-M 507, as
applicable.
(c)
Forms completed in accordance with (a) or (b) above shall be submitted
to:
Department of Health and Human Services
Office of Operations Support
Health Facilities Administration
129 Pleasant Street
Concord NH 03301
(d)
Applicants or community residences applying for a waiver shall:
(1) Complete and
submit the form entitled “NH bureau of Developmental Services Waiver Request”
(January 2018); and
(2) Include a signature from the individual(s) or
legal guardian(s) indicating agreement with the request and the area agency’s
executive director or designee recommending approval of the waiver, and be
submitted to:
Office of Client and Legal Services
Hugh J. Gallen State Office Park
105 Pleasant Street, Main Building
Concord, NH 03301
Source.
#9776-B, eff 10-1-10; ss by #12650,
INTERIM, eff 10-24-19, EXPIRED: 4-22-19
New. #12775, eff 5-7-19
PART He-M 1002 CERTIFICATION STANDARDS FOR
BEHAVIORAL HEALTH COMMUNITY RESIDENCES
Statutory Authority: New Hampshire RSA 126-A:19-20; 135-C:61, XII
He-M 1002.01 Purpose. The purpose of these rules is to:
(a)
Define the standards and procedures for the certification of community
residences funded by the state of New Hampshire for persons with a mental illness;
and
(b)
Establish minimum standards governing the operation and continued
certification of such residences.
Source.
#1914, eff 2-1-82; ss by #3071, eff
7-25-85, EXPIRED: 7-25-91
New. #7762, eff 9-26-02; ss by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss
by #12742, INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M
1002.02 Definitions.
(a) “Agency
residence” means a residence providing services as outlined in He-M 1002.05 and
operated by staff of a community mental health program (CMHP).
(b) “Bureau” means the bureau of mental
health services.
(c) “Bureau administrator” means the director
of the bureau of mental health services.
(d) “Case manager” means a person employed
by a community mental health program, community mental health provider, or
transitional housing services program who provides services in accordance with
He-M 426.
(e) “Certificate holder” means the person
or agency in whose name a community residence’s certification is issued.
(f) “Certification” means the written
approval by the department for the operation of a community residence in
accordance with He-M 1002.
(g) “Commissioner” means the commissioner
of the department of health and human services or his or her designee.
(h) “Community mental health program
(CMHP) means a medicaid provider that has been
approved by the bureau administrator pursuant to He-M 403 and which plans,
provides, contracts for, and monitors mental health services to the residents of
a designated mental health service region.
(i) “Community mental health provider”
means a medicaid provider of community mental health
services that has been previously approved by the commissioner to provide
specific mental health services pursuant to He-M 426.
(j) “Community residence” means an agency
residence, a family residence, or a transitional housing services program,
exclusive of any independent living arrangement, that:
(1)
Provides residential services in accordance with He-M 426 for at least
one individual with a mental illness;
(2)
Provides services based on the needs identified in an individual’s
individual service plan (ISP);
(3) Serves individuals whose services are funded
by the department; and
(4)
Is certified pursuant to He-M 1002.
(k) “Denial of certification” means a
refusal to grant an initial certification or refusal to grant a renewal
certification.
(l) “Department” means the New Hampshire department
of health and human services.
(m) “Emergency” means an unexpected
occurrence or set of circumstances in an individual's life which consists of,
culminates in, or has resulted from serious physical or psychological injury or
both and requires immediate remedial attention.
(n) “Family residence” means a community
residence operated:
(1)
By a person or family residing therein; and
(2)
Under contract with a CMHP or provider agency.
(o) “Independent living arrangement” means
a situation where an individual does not receive supervision 24 hours a day, 7
days a week but receives services in his or her home, as needed, to maintain or
develop skills to live independently and prevent circumstances that could
necessitate more intrusive and costly intervention.
(p) “Individual” means any person eligible
pursuant to RSA 135-C:13 and He-M 401 to receive state-funded services in the
state mental health services system and whose place of residence is a community
residence under these rules.
(q) “Individual service plan” (ISP) means
a written document prepared pursuant to He-M 401.12 and He-M 408.08.
(r) “License” means the written approval
from the department issued in accordance with either RSA 151 or RSA 170-E.
(s) “Licensed practitioner” means a
medical doctor, physician’s assistant, advanced practice registered nurse,
doctor of osteopathy, or doctor of naturopathic medicine.
(t) “Mental illness” means a condition of
an individual who is determined severely mentally disabled in accordance with
He-M 401.05 through He-M 401.07, and who has at least one of the following
psychiatric disorders classified in the Diagnostic and Statistical Manual of
Mental Disorders, Fifth edition (DMS-5), available as noted in Appendix A:
(1) Schizophrenia
spectrum and other psychotic disorders except for the following:
a.
Schizotypal personality disorder;
b.
Substance or medication induced psychotic disorder; and
c.
Psychotic disorder due to another medical condition;
(2) Bipolar and
related disorders except for the following:
a.
Substance or medication induced bipolar and related disorder; and
b.
Bipolar disorder and related disorder due to another medical condition;
(3) Depressive
disorders except for the following:
a.
Disruptive mood dysregulation disorder;
b.
Premenstrual dysphoric disorder;
c.
Substance or medication induced depressive disorder; and
d. Depressive disorder due to another medical condition;
(4) Borderline
personality disorder;
(5) Panic disorder;
(6) Obsessive
compulsive disorder;
(7) Post
traumatic stress disorder;
(8) Bulimia nervosa;
(9) Anorexia nervosa;
(10) Other
specific feeding or eating disorders;
(11)
Unspecified feeding or eating disorders; and
(12) Major neurocognitive disorders where psychiatric
symptom clusters cause significant functional impairment and one or more of the
following symptom categories are the focus of psychiatric treatment:
a. Anxiety;
b. Depression;
c. Delusions;
d.
Hallucinations; or
e. Paranoia.
(u)
“Nurse-trainer” means a registered
nurse who has been designated as a trainer.
(v) “Plan of
correction” means a written representation of a revised policy or practice that
reflects how a community residence will come into compliance with a violation of
He-M 1002 as found by the department.
(w) “Provider” means
a person who volunteers or is employed by, has a contract with, or receives any
form of remuneration from a CMHP, provider agency, the department, or
individual to deliver residential services to an individual.
(x) “Provider agency”
means a CMHP or an entity under contract with a CMHP or the department that is
responsible for the operation or supervision of a community residence.
(y) “Region” means a
geographic area defined and designated in He-M 425 by the bureau administrator
for the purpose of assigning primary responsibility for providing mental health
services to the residents of certain communities.
(z) “Residence
administrator” means a person designated by a provider agency who has the
authority to oversee the operation of a community residence.
(aa) “Residential
service plan” means the document that describes the residential goals and
objectives identified in an individual’s ISP and specifies ways in which the
community residence will implement those goals and objectives pursuant to He-M
408.08e.
(ab) “Staff” means an
employee of a community residence who provides direct services to an individual.
(ac) “Supervision”
means that a provider, or his or her designee approved in writing by the case
manager and guardian, if applicable, is physically present and able to assist
an individual in achieving the goals identified in his or her ISP.
(ad) “Team” means a
case manager, individual, guardian if applicable, and others invited by the individual
to participate in the service planning and review meetings.
(ae) “Transitional
housing services program (THSP)” means a residential program that has been
approved by the bureau administrator and is intended to provide supportive housing
for individuals with severe mental illness or severe and persistent mental
illness until the individual is ready to move into an independent living
situation.
Source. #1914, eff 2-1-82; ss by #3071, eff 7-25-85,
EXPIRED: 7-25-91
New. #7762, eff 9-26-02; amd
by #8210, eff 11-23-04; amd by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; amd
by #9960, eff 7-26-11; ss by #12742, INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M
1002.03 Administrative
Requirements.
(a) A community residence shall be located in areas where other family housing is located.
(b) A community residence shall not erect any
sign that labels the individuals or functions of the residence.
(c) A community residence shall have providers on
site whenever there are individuals present in the residence.
(d) A community residence shall have no more than
8 persons receiving paid services in the residence.
(e) Any community residence serving 4 or more individuals
shall be licensed in accordance with RSA 151 and He-P 800.
(f) A community residence intending to provide or
providing services to 2 or more persons not receiving services through a CMHP
shall be licensed in accordance with RSA 151 and He-P 814, as applicable.
(g) A community residence shall serve persons who
are 18 years of age or older.
(h) Prior to hiring or contracting with a person
to work in a community residence, the provider agency shall, after obtaining
signed and notarized authorization from the person or persons for whom
information is being sought:
(1)
Obtain at least 2 references for the person;
(2) Submit the person’s name for review against
the registry of founded abuse, neglect, and exploitation to ensure that the
person is not on the registry pursuant to RSA 169-C:35 or RSA 161-F:49;
(3)
Complete a criminal records check, no more than 30 days prior to the home
opening, to ensure that the person and all adult household members who reside
in the residence, 17 years of age or older, excluding individuals, have no
history of fraud, felony or misdemeanor conviction;
(4)
If the person’s primary residence is out of state, complete a criminal
record check for the person’s other state of residence;
(5)
If the person has resided in New Hampshire for less than one year,
complete a criminal records check for the previous
state of residence; and
(6)
Complete a motor vehicles record check to
ensure that the potential provider has a valid driver’s license, if such
provider will be transporting individuals.
(i) A provider agency
may hire a person with a criminal record listed in (h) above for a single
offense that occurred 10 or more years ago in accordance (j) and (k) below;
(j) Employment of a person pursuant to (i) above shall only occur if such employment:
(1)
Is approved in writing by all the individuals residing in the community
residence at the time the person becomes employed, the individuals’ guardians,
if applicable, and the provider agency;
(2)
Does not negatively impact the health or safety of any individual; and
(3)
Does not affect the quality of services to individuals.
(k) Upon hiring a person pursuant to (i) above, the provider agency shall document and retain the
following information in the individual’s record:
(1)
The date(s) of the approvals in (l) above;
(2) The name of the individual or individuals for
whom the person will provide services;
(3)
The name of the person hired;
(4)
Description of the person’s criminal offense;
(5)
The type of service the person is hired to provide;
(6)
The provider agency’s name and address;
(7)
The certification number and expiration date of the certified program,
if applicable; and
(8)
A full explanation of why the provider agency is hiring the person
despite the person’s criminal record.
(l) Unless a waiver is granted pursuant to (m)
below, a provider agency shall not hire a person with a criminal record, other
than as specified in (i) above.
(m)
The department shall grant a waiver of (l) 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.
(n) All personnel shall sign a statement
annually, which shall be maintained in the personnel file, stating that since
the time of hire they:
(1)
Have not committed fraud or 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.
(o) The provider agency shall obtain the same
approval as required in (j) and the same documentation are required in (k)
above each time the hired person begins providing services in a new location or
to a new individual.
(p) A family residence shall have a written
agreement with the provider agency that requires, at a minimum, that a list of
the names of all persons living in the residence be disclosed to the provider
agency.
(q) A family residence shall notify the provider
agency of any change(s) in the list required in (p) within 30 days.
(r) If a provider is not selected by the individual
to participate in the service-planning meeting, the case manager shall contact
the provider prior to the meeting so that his or her input can be
considered.
(s) The provider shall ensure implementation of
the provisions of the residential service plan and the individual service
agreement as written.
(t) No provider or other person living or working
in a community residence shall serve as the legal guardian of an individual
living in that community residence.
(u) Community residences shall have personal
injury liability insurance for the residence and for vehicles used to transport
individuals.
(v) Community residences shall maintain
certificates of insurance obtained pursuant to (p) above, on file at the premises.
(w) A community residence shall be constructed
and maintained in accordance with local health and building codes.
(x) Living space shall be arranged and maintained
as to provide for the health and safety of all household members, as follows:
(1)
Each community residence shall be maintained in good repair and free of
hazard to household members;
(2)
Each community residence shall be free from environmental nuisances,
including loud noise and foul odors;
(3) All smoke alarm batteries shall be replaced
twice per year;
(4) All doors, hallways, and stairs must be
unobstructed and uncluttered;
(5) All flammable or combustible materials must be
stored at least 3 feet from electric heaters, wood, coal, pellet, or kerosene
stoves, furnaces, boilers, or water heaters;
(6) All flammable liquids must be stored away from
ignition sources;
(7) Oil furnaces must be serviced annually; and all
other furnaces must be serviced annually or as required or recommended by the service
provider or the manufacturer; and
(8) If oxygen is used in the residence, all doors
entering the home shall be labeled accordingly, and any oxygen in the home
shall be firmly secured to the wall or secured in a stand or rack.
(y) A community residence shall provide the following:
(1)
A specific sleeping area designated for each individual;
(2)
A separate bed for each individual with each
bedroom containing no more than 2 beds; and
(3)
Storage space for each individual’s clothing
and other personal possessions.
(z) A community residence shall protect an individual’s
right to privacy to the maximum extent possible while continuing to monitor the
health and safety of each individual.
(aa) Each bedroom
shall be situated such that:
(1)
No person resides in a bedroom that is the access way to another’s
bedroom or to a common area of the house; and
(2)
Common areas shall not be used as bedrooms by any person living in the
home.
(ab) The community
residence shall have:
(1)
At least one indoor bathroom which includes a sink, toilet, and a
bathtub or shower for every 6 persons in the household;
(2)
At least one telephone for incoming and outgoing calls;
(3)
A functioning septic or other sewage disposal system;
(4)
An integrated, hard-wired fire alarm system with a detector in each
bedroom and on each level of the home including the basement and attic, if the
attic is used as living or storage space, provided that all detectors shall be
replaced at least once every 10 years; and
(5)
A source of portable water for drinking and food preparation, as
follows:
a.
If drinking water is supplied by a non-public water system, the water
shall be tested and found to be in accordance with Env-Dw 702.02
for bacteria and Env-Dw 704.02 for nitrates. The water supply shall be tested every 3
years for bacteria and nitrates, and determined to be at acceptable levels; and
b.
If the water is not approved for drinking, an alternative method for
providing safe drinking water shall be implemented.
Source. #1914, eff 2-1-82; ss by #3071, eff 7-25-85,
EXPIRED: 7-25-91
New. #7762, eff 9-26-02; amd
by #8210, eff 11-23-04; amd by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742, INTERIM,
eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.04 Qualifications for Service
Provision.
(a) All providers shall be at least 18 years of
age.
(b) Prior to providing services to an individual,
a prospective provider shall have evidence of a negative mantoux
tuberculin test, or, if positive, evidence of follow-up conducted in accordance
with the Centers for Disease and Prevention “Guidelines for Preventing the
Transmission of M. tuberculosis in
Health-Care Settings” (2005 edition), available as noted in Appendix A. . Such test shall have been completed within the previous
6 months.
(c) All providers of residential services shall:
(1)
Receive training in individual rights, as defined in He-M 309 and individual
rights procedures as defined in He-M 204;
(2)
Meet the requirements for individualized resiliency and recovery oriented services (IROS) contained in He-M 426.12;
and
(3)
Be able to implement the community residence’s evacuation procedures.
Source. #1914, eff 2-1-82 ss by #3071, eff 7-25-85,
EXPIRED: 7-25-91
New. #7762, eff 9-26-02; ss by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742, INTERIM,
eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M
1002.05 Person-Centered
Services.
(a) A community residence shall provide services
to meet the residential objectives of the individual’s ISP as outlined in the
residential service plan.
(b) A community residence shall offer services
that include assistance and instruction to improve and maintain an individual’s
skills in basic daily living, personal development, and community activities
such as, but not limited to:
(1)
Personal decision-making;
(2)
Personal care, household management, budgeting, shopping, and other
functional skills;
(3)
Household chores and responsibilities;
(4)
Having relationships with persons both with and without disabilities;
(5)
Accessing a wide range of integrated community activities including
recreational, cultural, and other opportunities;
(6)
Participating in religious services and practices of the individual’s
choosing; and
(7)
Choosing and wearing clothing that is neat, clean, in good repair, and
appropriate to the season and activity.
(c) A community residence shall request residents
to sign out when leaving the residence for a period expected to be longer than
one hour.
(d) The number of providers working in a
community residence shall be sufficient to:
(1)
Meet the needs of the individuals living therein, as identified in each individual’s ISP; and
(2)
Provide the services required in this section.
Source. #1914, eff 2-1-82; ss by #3071, eff 7-25-85,
EXPIRED: 7-25-91
New. #7762, eff 9-26-02, amd
by #8210, eff 11-23-04; amd by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742, INTERIM,
eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M
1002.06 Health
and Safety.
(a) Each individual shall have an annual health
assessment by a physician or other licensed practitioner for the purpose of
evaluating health status and making recommendations regarding strategies for
promoting and maintaining optimal health.
(b) A community residence shall adopt protocols
that:
(1)
Explain to residential staff how medical situations are expected to be
handled; and
(2)
Assist residential staff in the identification of unusual medical situations.
(c) A community residence shall orient all staff
to procedures identified in (b) above upon hiring and annually thereafter.
(d) The residence administrator shall, in
conjunction with the case manager, have arrangements to access
medical services at all times, including emergency services.
(e) The community residence shall have a written
policy that specifies the procedures to be followed in the event of medical or psychiatric
emergencies.
(f) In the event of an emergency concerning an individual
including hospitalization, serious illness, serious bodily harm or injury, or
imminent death or death, the residence administrator
or case manager shall, within 24 hours, notify:
(1)
The individual’s guardian, if applicable;
(2)
The individual’s next of kin; and
(3)
Any other person the individual previously indicated should be notified.
(g) A residence administrator shall annually
review and update, as necessary, the names, addresses, and phone numbers of the
people notified pursuant to (f) above.
(h) With regard to religious matters, the wishes
of the individual or guardian, if applicable, shall be respected and followed
in the event of an emergency as identified in (f) above.
(i) In the event of
the death of an individual, the provider agency shall immediately notify the
CMHP and the department.
(j) Providers having personal knowledge of an
emergency shall verify that an individual’s case manager and next of kin,
guardian, or any other such person as previously indicated by the individual
have been notified within 24 hours.
(k) The provider agency shall document the
information in (f) above, and retain a copy with the
case manager at the CMHP and at the community residence.
(l) In any case of known or suspected neglect, abuse
or exploitation, the provider aware of the situation shall follow procedures as
outlined in He-M 309, rights of persons receiving mental health services in the
community, and any other applicable rules relative to client rights protection
procedures.
(m) In addition to the requirements of (l) above,
the provider shall report the situation to the division of children, youth and families in accordance with RSA 169-C:29 or the
bureau of elderly and adult services as required by RSA 161-F:42-57, as applicable.
(n) Medication administration for individuals
shall be conducted in accordance with He-M 1202.
(o) A provider shall have the following
responsibilities with respect to an individual’s food and fluids:
(1)
The individual’s preferences and requirements shall be taken into
account when preparing meals;
(2)
Varied and nutritionally balanced meals, including adequate fluids,
shall be provided in the morning, at midday, and in the evening, unless other
arrangements for meals have been made;
(3)
Access to food shall not be restricted unless a licensed practitioner
deems it necessary for the health of the individual and the legal guardian
consents to the restriction;
(4)
Special diets, dietary supplements, and dietary modifications shall be according
to a licensed practitioner’s orders and the consumer’s religious practices;
(5)
If a consumer requires specific methods or techniques for maintaining
adequate nutrition and or hydration, as determined by a licensed practitioner,
such methods or techniques shall be implemented and documented in the
consumer’s clinical record; and
(6)
No attempt to feed or hydrate a consumer against his or her will shall
be made unless medically prescribed by a licensed practitioner and approved by
the legal guardian.
(p) Providers shall label toxic substances as to
contents and antidote and safely store such substances away from food
preparation and food storage areas.
(q) Prior to providing services, a community
residence shall develop an emergency evacuation plan that indicates the
location of all evacuation routes and exits and provides for the safe
evacuation of all persons within 3 minutes.
(r)
The provider shall orient each individual newly admitted
to a community residence to the evacuation procedures.
(s)
Within 5 business days of an individual’s moving into a community
residence or a change in residential provider, a case manager and licensed
nurse shall visit the individual in the home to determine if the transition has
resulted in adverse changes in the health or behavioral status of the individual.
(t)
A case manager shall document the visit described in (s) above in the
individual’s record.
(u)
If negative changes are noted at the visit described in (s) above, a case
manager shall develop a remediation plan for the provider agency to carry out and
include it within the individual’s record.
(v) Within 5 days of an individual moving into a
community residence, the provider shall:
(1) Conduct a fire evacuation drill to assess the individual’s
ability to evacuate the residence in less than 3 minutes; and
(2) Based on the drill, complete and
document a fire safety assessment that includes the following individual risk
factors:
a.
Response to alarm;
b.
Response to instruction;
c.
Vision and hearing difficulties;
d.
Impaired judgement;
e.
Mobility problems; and
f.
Resistance to evacuation.
(w) The fire safety assessment shall indicate:
(1)
The staff or provider to individual ratio during both sleep and
non-sleep hours;
(2)
The name and phone number of agency back-up in the event of an
emergency; and
(3)
The date completed and signature of the person documenting the
individual’s risk factors.
(x) For each individual unable to evacuate his or
her residence within 3 minutes, a fire safety plan shall be developed and
approved by the individual or guardian, provider, and residential administrator
that identifies:
(1)
The cause(s) for such inability;
(2)
The specific assistance needed by the individual to be furnished by the
provider; and
(3)
A training approach to reduce the evacuation time to 3 minutes or less.
(y) Evacuation drills shall:
(1)
Be held at varied times of the day;
(2)
Involve all persons in the home at the time of the drill;
(3)
For community residences of 4 or more individuals, comply with He-P
814.23; and
(4)
For community residences of 3 or fewer individuals, include transmission
of the alarm signal unless doing so would register as a false alarm to the fire
department or alarm company.
(z) A written record of each evacuation drill
shall:
(1)
Be kept on file at each community residence; and
(2)
Indicate:
a.
The names of all individuals and other persons involved;
b.
The date of the drill;
c.
The time of day;
d. The
time taken to evacuate; and
e.
The exits utilized.
(aa) If a community
residence for 3 or fewer individuals has been evacuated in 3 minutes or less
during each of 6 consecutive monthly drills, one of which has been a sleep-time
drill, the residence shall thereafter conduct a drill at least once quarterly,
with one drill per year to be during sleep hours.
(ab) If a community
residence serves 4 or more individuals, the residence shall conduct monthly
drills, with at least 3 drills per year to be held during sleep hours.
(ac) A community
residence that has a complete sprinkler system and fire alarm system that
immediately notifies the local fire department shall be exempt from the
requirement to complete a fire drill in less than 3 minutes if documentation is
provided that such systems are in compliance with local fire codes. A fire safety plan shall be developed and
maintained in accordance with He-M 1002.06(x) above for each individual that demonstrates
the approach to be taken to reduce the evacuation time.
(ad) If a new individual
moves into a community residence for 3 or fewer individuals, the community
residence shall:
(1)
Conduct monthly drills until all individuals have evacuated the residence
in 3 minutes or less for 4 consecutive monthly drills; and
(2)
Thereafter conduct a drill at least once quarterly, with one drill per
year to be during sleep hours.
(ae) For any individual
living in a community residence receiving less than 24-hour supervision, a
personal safety assessment pursuant to (af) below
shall be completed.
(af) The personal safety assessment shall
identify an individual’s knowledge of and ability to perform each of the
following safety skills:
(1)
Responding to a fire, including exiting safely and seeking assistance;
(2) Caring for personal health, including understanding
health issues, taking medications, seeking assistance for health needs and
applying first aid;
(3)
Seeking safety if victimized or sexually exploited;
(4)
Negotiating one’s community, including finding one’s way, riding in
vehicles safely, and interacting with strangers appropriately;
(5)
Responding appropriately in severe weather and other natural disasters,
including storms and extreme hot or cold temperature; and
(6)
Maintaining a safe home, including:
a. Operating
heating, cooking, and other appliances; and
b. Responding
to common household problems such as a clogged toilet, a power failure, or gas
odors.
(ag) The personal
safety assessment required in (ae) above shall include approval of the
individual or legal guardian, and the residence administrator.
(ah) The personal
safety assessment required in (ae) above shall be reviewed annually, and whenever
there is a change in the individual’s residence or his or her ability to
respond to the contingencies listed in the assessment.
(ai) If the personal
safety assessment determines that the individual needs assistance to respond
appropriately to situations outlined in (ah) above:
(1) A personal safety plan shall be developed
by the individual and other members of the individual’s team; and
(2) The individual shall receive 24-hour
supervision until the personal safety plan is implemented.
(aj) A personal safety plan shall:
(1)
Identify the supports necessary for an individual to respond to each of
the contingencies listed in (ad) above;
(2)
Indicate who will provide the needed supports;
(3)
Describe how the supports will be activated in an emergency;
(4)
Indicate written approval of the individual or legal guardian, provider,
residential coordinator, and case manager;
(5)
Be reviewed by the provider at the time of the individual’s ISP; and
(6)
Be revised whenever there is a change in the individual’s residence or
ability to respond to the contingencies listed in the plan.
(ak) The community residence shall obtain
the written approval in (ai)(4) above prior to the implementation of the
personal safety plan and the individual receiving unsupervised time.
Source. #3071, eff 7-25-85, EXPIRED: 7-25-91
New. #7762, eff 9-26-02; amd
by #8210, eff 11-23-04; amd by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742, INTERIM,
eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.07 Individual Residential
Records.
(a) Separate records for each individual
shall be maintained by the residence administrator at the residence.
(b) Each individual's residential record shall
include:
(1)
The names, addresses, and telephone numbers of persons to be notified in
an emergency;
(2)
The individual’s current ISP;
(3)
The individual’s fire safety assessment and, if applicable, fire safety plan;
(4)
The individual’s personal safety assessment and, if applicable, personal
safety plan; and
(5)
Medical information including:
a.
The names, addresses, and telephone numbers of the individual’s
physician, dentist, therapist(s), and any other licensed practitioner(s);
b.
Medical orders;
c.
Medical history;
d.
A copy of the nurse-trainer assessment and approval for medication
self-administration required by He-M 1202.05, if applicable;
e.
A copy of the annual health assessment of the individual pursuant to
He-M 1002.06(a);
f.
Known allergies, if any;
g.
Other pertinent medical information;
h.
A medication log completed at the residence pursuant to He-M 1202.06 for
all current medications; and
i. A copy of the individual’s “Do Not
Resuscitate” order, if applicable.
(c) The residence administrator or other
providers shall complete attendance records and keep them on file at the
community residence.
(d)
Outdated information may be removed from
the community residence record but shall be maintained in the individual's
residential record and accessible by the CMHP for 7 years.
Source. #7762, eff 9-26-02; amd
by #8210, eff 11-23-04; amd by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742, INTERIM,
eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.08 Quality Assurance.
(a)
A CMHP shall monitor its community residences and conduct periodic quality
assurance visits to each community residence to ensure that services are
provided pursuant to He-M 1002.
(b) CMHPs shall conduct announced or unannounced
quality assurance visits at least annually, but may be
at a greater frequency as determined by the CMHP.
(c)
The department shall conduct announced or unannounced quality assurance
visits to community residences.
(d)
Each CMHP shall review certification deficiencies pursuant to He-M
1002.13 to identify necessary corrective action and maintain compliance.
(e)
Each CMHP shall comply with the department’s quality assurance
procedures in accordance with RSA 126-A:4, IV and these rules.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742, INTERIM,
eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.09 Initial Certification
Process.
(a)
An applicant for initial certification as a community residence shall
apply by completing and submitting an application form
obtained from the Health Facilities Administration (HFA) entitled "Request
for Certification of Community Residence and/or Individual Day Provider"
incorporated by reference in He-M 1002.19.
(b)
All information entered on the form described in (a) above shall be
typewritten or otherwise legibly written.
(c)
An applicant shall request initial certification for any of the
following reasons:
(1)
Certification of a new community residence; or
(2)
For an existing community residence:
a. A
change in the provider agency;
b. A
change in individuals living in the home;
c.
A change in physical location; or
d.
An increase in the number of certified beds.
(d)
If the signer of the application knew or should have known that the
community residence was not in compliance with applicable statutes and rules at
the time of signing, the department shall deny or revoke certification pursuant
to He-M 1002.14(a)(5) or He-M 1002.15(a)(5).
(e)
The signed and dated approval from the local fire official shall:
(1)
Be obtained no more that 90 days prior to the
submission of the application for certification;
(2)
Verify the street address of the proposed or existing community residence;
(3)
Verify that the home complies with all state and local fire codes;
(4)
Include the date of the life safety inspection; and
(5)
Specify the maximum number of beds that can safely be occupied by individuals
living in the proposed or existing community residence.
(f)
A temporary certification shall be granted for 90 days from the date
that the department’s office of legal and regulatory services receives all
information required by (a) above.
(g)
A certification review shall be conducted by the office of legal and
regulatory services within 90 days of the date of receipt of all information
required in (a) above for the purposes of determining whether
or not the community residence is in compliance with He-M 1002.
(h)
If the community residence is not in compliance with
He-M 1002 at the certification review required by (g) above, the community
residence shall submit a plan of correction in accordance with applicable
sections of He-M 1002.13 within 21 days of receiving the deficiency report.
(i) If, as a result of a certification review,
the community residence is found to be in compliance with He-M 1002,
certification shall be granted beyond the initial 90-day period as specified in
He-M 1002.12(e)(3)a.
(j)
An application for certification shall be denied based upon criteria
listed in He-M 1002.14.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11 (from He-M 1002.10); ss
by #12742, INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.10 Renewal Certification Process.
(a)
A community residence seeking to renew certification shall apply via an
application form obtained from the HFA entitled “Request for Certification of
Community Residence and/or Individual Day Provider” incorporated by reference
in He-M 1002.19.
(b) Community residences applying for renewal
certification shall submit the completed application in (a) above 60 days prior
to the expiration of the certificate.
(c)
All information entered on the forms described in (a) shall be
typewritten or otherwise legibly written.
(d)
The community residence shall submit with the following:
(1)
A copy of any request for renewal of an existing waiver previously
granted by the department, in accordance with He-M 1002.18, if applicable;
(2)
A statement identifying any exception or variance applied for or granted
by the state fire marshal in accordance with the state fire code, Saf-C 6000, including the National Fire Protection
Association (NFPA) 101 as adopted by the commissioner of the department of safety;
and
(3)
A new, signed approval from the local fire official if renovations were
completed since the last submission of a life safety code inspection that:
a.
Required a building permit pursuant to local building codes; or
b.
Have altered any means of egress.
(e)
A community residence’s request for certification renewal shall be
approved if:
(1)
The information required by (a) above is received by the department
prior to the expiration of the current certificate; and
(2)
The community residence is found to be in compliance with He-M 1002 as a
result of an inspection performed pursuant to He-M
1002.13(a).
(f)
An inspection shall not be conducted if a community residence with fewer
than 4 beds:
(1)
Has no deficiencies cited, at its previous annual inspection; and
(2)
The provider agency has submitted, 60 days prior to the expiration of
the current certificate, the following:
a.
A completed and signed application for certification;
b.
Written indication, signed by the provider agency’s executive director,
that the provider agency has monitored and will continue to monitor the
residence and that the residence remains in full compliance with all applicable
rules; and
c.
A verification that those administering medications in the residence are
currently authorized by the agency nurse-trainer.
(g)
A community residence that submits all of the
required information pursuant to (f) above shall be recertified for a period of
one year from the expiration of its current certification.
(h) A certification issued pursuant to (f) above
shall only be granted once in any 2-year period.
(i) If a community residence has been approved in
accordance with (f) above, the certificate shall indicate: "renewed
without inspection."
(j)
The office of legal and regulatory services shall conduct an inspection
in accordance with He-M 1002.09(g) prior to recertification of:
(1)
A community residence that holds a license pursuant to RSA 151;
(2)
A community residence that has increased the number of people receiving
residential services since its last inspection; and
(3)
A community residence that does not have an annual certificate.
(k)
If, at the time the annual inspection is due, a community residence does
not have any individuals living in the residence, it may:
(1)
Submit a letter notifying the office of legal and regulatory services of
its intent to close; or
(2)
Submit a written request to the office of legal and regulatory services
for certification renewal without an annual inspection.
(l)
The written request shall contain the following:
(1)
The name of the residence;
(2)
The certificate number;
(3)
The location of the residence; and
(4)
The expiration date of the certificate.
(m)
The department shall approve a community residence that meets the
requirements in (k) and (l) above, and issues a
certificate that states: “renewed without individuals.”
(n)
If a community residence has been certified as “renewed without individuals,”
the provider agency shall notify the office of legal and regulatory services in
writing, within 7 days of an individual moving into the residence.
(o)
An on-site inspection shall be conducted within 90 days of receipt of
any notification in (n) above.
Source. #7762, eff 9-26-02; amd
by #8210, eff 11-23-04; amd by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11 (from He-M 1002.11); ss
by #12742, INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M
1002.11 Emergency Certification Process.
(a)
A proposed or existing community residence may request an emergency
certificate from the department if the following applies:
(1) The community residence accepts a new individual
on an emergency basis, and the resulting number of individuals living in the
community residence exceeds the number of certified beds allowed pursuant to
He-M 1002; or
(2) The residence does not hold a currently valid
certificate.
(b)
A proposed or existing community residence shall apply by completing and
submitting the application form entitled “Emergency Certification for Community
Residence - 3 or Fewer Beds,” incorporated by reference in He-M 1002.19(b)1,
within 7 days of the individual moving into the residence,
and shall submit with the form a current floor plan of the community
residence.
(c)
If applicable, the executive director of the responsible CMHP shall
provide a statement signed and dated that verifies that appropriate staff have
determined that the home meets the requirements of He-M 1002 and He-M 1202.
(d)
The department shall deny a request for emergency certification if the
provider agency does not meet the requirements in (a) through (c) above.
(e)
The start date of the emergency certification shall not be more than 7
days from the receipt of the emergency application by the department.
(f)
Emergency certification shall be issued for 45 days from the start date
upon receipt by the office of legal and regulatory services of a completed and
signed application pursuant to (b) and (c) above.
(g)
An emergency certification issued pursuant to (f) above shall be
extended for an additional 45 days for a community residence that:
(1) Submits to the office of legal and regulatory
services evidence that, within 14 days of emergency certification, the provider
agency has made written request to the local fire inspector for a life safety
inspection and report; and
(2) Files a written request for the extension
with the office of legal and regulatory services prior to the expiration of the
emergency certificate.
(h)
Only one request for an extension to an emergency certificate shall be
granted.
(i) A community residence operating under an
emergency certification that seeks to continue operation shall apply for
certification in accordance with He-M 1002.09.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11 (from He-M 1002.12); ss
by #12742, INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.12 Certification.
(a)
To be eligible for reimbursement by the department, a community
residence shall be certified in accordance with He-M 1002.
(b)
All certificates shall be non-transferable from one provider agency to
another or from one physical location to another.
(c)
A certificate issued to an applicant shall indicate:
(1)
The effective date of the certificate;
(2)
The expiration date of the certificate;
(3)
The certificate number;
(4)
The type of certificate, which shall be listed as:
a. Emergency;
b. Temporary; or
c.
Annual, which shall encompass both initial and renewal certifications;
(5)
The maximum number of certified beds allowed, including respite beds, as
determined by:
a.
Local fire approval, as required by He-M 1002.09(e); and
b.
The applicable provisions of He-M 1002.03(d), (e), (y), and (aa);
(6)
The name of the provider agency;
(7)
The name of the CMHP or THSP; and
(8)
Information regarding any waivers issued in accordance with He-M
1002.18.
(d)
If a certified community residence wishes to provide services to individuals
served by a provider agency that is not the provider agency identified on the
certificate, the community residence shall obtain written approval from the
provider agency identified on the certificate.
(e)
Certifications shall be valid as indicated by the type:
(1)
Emergency certificates shall be valid for 45 days;
(2)
Temporary certificates shall be valid for 90 days;
and
(3)
Annual certificates, including the following:
a.
Certificates shall be valid from the effective date of the temporary
certificate until the last day of the twelfth month following temporary
certification; and
b.
Renewal certificates shall be issued for one year from the expiration
date of the previous certificate.
(f) Upon written request, the department shall
issue a revised certificate when the local, state, or federal government
modifies the street address of a community residence without any change in the
physical location of the community residence operations.
(g) The request submitted in accordance with (f)
above shall contain the following:
(1)
The name and address of the community residence as it appears on the
current certificate;
(2)
The name and address of the community residence as it will appear on the
new certificate; and
(3)
A copy of the notification of the required change in street address.
(h)
When a certificate is revised in accordance with (f) above, the
certificate number and expiration date shall not change.
(i) Any community residence that no longer
intends to provide services to individuals shall notify the department in
writing of the following information:
(1)
The name of the community residence;
(2)
The certificate number of the community residence;
(3)
The address of the community residence;
(4)
The date the community residence closed or will close; and
(5)
The location that the individual(s) has moved to, including the name of
the home(s) and certificate number of the home(s), if available.
Source. #7762, eff 9-26-02; amd
by #8210, eff 11-23-04; amd by #9795, INTERIM, eff
9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11 (from He-M 1002.09); ss
by #12742, INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.13 Inspections and Plans of
Correction.
(a)
The department shall conduct inspections to determine compliance with
all applicable rules prior to:
(1)
Issuing an initial certification; and
(2)
Renewal of a certificate except as allowed by He-M 1002.10 (f) or (k).
(b)
Following an inspection and determination pursuant to (a) above, the
department shall issue a written inspection report that includes:
(1)
The name and address of the physical location of the community residence;
(2)
The name of the responsible CMHP or THSP;
(3)
The date of the inspection;
(4)
A listing of all rules with which the community residence failed to comply;
(5)
Evidence supporting the finding of non-compliance with each identified
rule; and
(6)
The name of the person(s) conducting the inspection.
(c)
For each deficiency cited in the inspection report, within 21 days of
the date of issuance of the report, the community residence shall submit a
written plan of correction or submit information as to why the deficiency did
not exist.
(d)
The department shall evaluate any submitted information on its merits
and render a written decision on whether a written plan of correction is
necessary.
(e)
The plan of correction submitted in accordance with (c) above shall
describe:
(1) How the community residence corrected or
intends to correct and prevent occurrence of each deficiency; and
(2)
The date by which each deficiency will be corrected.
(f)
The department shall issue a certificate if it determines that the plan
of correction:
(1)
Addresses each deficiency in a manner which achieves full compliance
with rules cited in the inspection report;
(2)
Addresses all deficiencies cited in the inspection report;
(3)
Does not create a new violation of statute or rule as
a result of its implementation; and
(4)
States a completion date.
(g)
The department shall reject a plan of correction that fails to comply
with (f) above.
(h)
If the proposed plan of correction is rejected, the department shall
notify the community residence in writing of the reason(s) for rejection.
(i) Within 21 days of the date of the written
notice under (h) above, the community residence shall submit a revised plan of
correction that:
(1)
Includes proposed alternatives that address the reason(s) for rejection;
and
(2)
Is reviewed in accordance with (f) and (g) above.
(j)
If the revised plan of correction is rejected, the department shall deny
the certification request.
(k)
The department shall verify that a plan of correction, as submitted and
accepted, has been implemented by:
(1)
Reviewing materials submitted by the community residence;
(2)
Conducting a follow-up inspection; or
(3)
Reviewing compliance during the next certification inspection required
by (a) above.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM,
eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742,
INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.14 Denial
of Certification.
(a)
The department shall deny an application for certification following
written notice and opportunity for a hearing pursuant to He-C 200, due to any
of the following:
(1)
Any reported abuse, neglect, or exploitation of an individual by an
applicant, residence administrator, provider, staff member, or person living in
a community residence, if:
a.
Such abuse, neglect, or exploitation is reported on the state registry
of abuse, neglect, and exploitation in accordance with RSA 161-F:49;
b.
Such person continues to have contact with the individual;
c.
Such finding has not been overturned on appeal, been annulled, or
received a waiver pursuant to He-M 1002.18; or
d.
There is a similar finding by an adult protection or child protection
agency of any other state;
(2)
Any applicant, provider, or person living in a community residence has been
found guilty of fraud, felony, or misdemeanor against a person in this or any
other state, unless a waiver has been obtained pursuant to
He-M 1002.18;
(3)
A provider agency, THSP, or CMHP fails to perform criminal background
checks on all persons who:
a.
Are paid to provide services under He-M 1002; and
b.
Begin to provide such services on or after the effective date of He-M 1002;
(4)
An applicant, family member, or provider has an illness or behavior
that, as evidenced by the documentation obtained and the observations made by
the department, would endanger the well-being of an individual or impair the
ability of the community residence to comply with department rules, except in
cases where such personnel have been reassigned and the individual’s well-being
and the community residence’s ability to comply with these rules are no longer
at risk;
(5)
The applicant, provider, or any representative or employee of the
applicant knowingly provides false or misleading information to the department;
(6)
The applicant or any representative or employee of the applicant
prevents or interferes with any inspection or investigation by the department;
(7)
The applicant or any representative or employee of the applicant fails
to provide required documents to the department;
(8)
At an inspection the applicant or certificate holder is not in
compliance with RSA 135-C or He-M 1002 or other applicable certification rules;
(9)
The applicant has demonstrated a history of multiple or repeat
violations of RSA 135-C or its implementing administrative rules that pose or
have posed a health or safety risk to clients;
(10)
The applicant has submitted a revised plan of correction that has been
rejected by the department in accordance with He-M 1002.13;
(11)
The applicant failed to fully implement and continue to comply with a
plan of correction that has been accepted by the department in accordance with
He-M 1002.13; or
(12)
For community residences with 4 or more individuals, denial or
revocation of licensure or denial of application for licensure has taken place.
(b) If the department determines that a community
residence meets any of the criteria for denial listed in (a) above, the
department shall deny the certification of the residence.
(c) Certification shall be denied upon the
written notice by the department to the community residence stating the
specific rule(s) with which the residence does not comply.
(d) Any applicant aggrieved by the denial of an
application may request an adjudicative proceeding in accordance with He-M
1002.17.
(e) The denial shall become final when the period
for requesting an adjudicative proceeding has expired or, if the applicant or
provider requests an adjudicative proceeding, when the administrative appeals
unit issues a decision upholding the department’s action.
(f) A community residence shall not accept
additional individuals if a notice of denial of certificate has been issued.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM,
eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742,
INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M-1002.15 Revocation
of Certification.
(a) The department shall revoke certification of
a community residence, following written notice and opportunity for a hearing
pursuant to He-C 200, due to any of the following:
(1)
Any reported abuse, neglect, or exploitation of an individual by a
certificate holder, residence administrator, provider, staff member, or person
living in a community residence, if:
a.
Such abuse, neglect, or exploitation is reported on the state registry of
abuse, neglect or exploitation in accordance with RSA 161-F:49;
b.
Such person(s) continues to have contact with the individual; or
c.
Such finding has not been overturned on appeal, been annulled, or
received a waiver pursuant to He-M 1002.18;
(2)
Any provider or person living in the community residence has been found
guilty of fraud, a felony, or a misdemeanor against a person in this or any
other state, unless a waiver has been obtained pursuant to
He-M 1002.18;
(3)
A provider agency, THSP, or CMHP fails to perform criminal background
checks on all persons who:
a.
Are paid to provide services under He-M 1002; and
b.
Begin to provide such services on or after the effective date of He-M 1002;
(4)
The certificate holder, family member or provider has an illness or
behavior that, as evidenced by the documentation obtained and the observations
made by the department, would endanger the well-being of the individual or
impair the ability of the community residence to comply with department rules,
except in cases where such personnel have been reassigned and the individual’s
well-being and the community residence’s ability to comply with these rules are
no longer at risk;
(5) The
certificate holder or any representative or employee of the certificate holder
knowingly provides materially false or misleading information to the department
during an inspection;
(6) The
certificate holder or any representative or employee of the certificate holder
fails to permit or interferes with any inspection or investigation conducted by
the department;
(7) The
certificate holder or any representative or employee of the certificate holder
fails to provide requested files or documents to the department;
(8) An
inspection finds the certificate holder to be out of compliance with RSA 135-C
or any of the applicable certification rules;
(9) The
certificate holder has demonstrated a history of multiple, or repeat violations
of RSA 135-C or other applicable licensing rules that pose or have posed a
health or safety risk to clients;
(10) The
certificate holder has submitted a revised plan of correction that has been
rejected by the department in accordance with He-M 1002.13;
(11) The
certificate holder has failed to fully implement or continue to comply with a
plan of correction that has been accepted by the department in accordance with
He-M 1002.13; or
(12) For
community residences for 4 or more individuals, denial or revocation of
licensure or denial of application for licensure has taken place.
(b) The department shall issue written notice of
revocation of certification stating the specific rule(s) with which the
community residence does not comply.
(c) Any certificate holder aggrieved by the
revocation of the community residence’s certificate may request an adjudicative
proceeding in accordance with He-M 1002.17.
(d) The revocation shall not become final until
the period for requesting an adjudicative proceeding has expired or, if the
certificate holder requests an adjudicative proceeding, until such time as the
administrative appeals unit issues a decision upholding the department’s action.
(e) A community residence shall not accept
additional individuals if a notice of intent to revoke the certification of the
community residence has been issued.
(f) If a certificate has been revoked, the
certificate holder, in conjunction with the provider agency, shall transfer all
individuals to another appropriately certified residence within 10 days of
certificate revocation becoming final in accordance with (d) above.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM,
eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742,
INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M
1002.16 Immediate
Suspension of Certification.
Notwithstanding the provisions of He-M 1002.15(b), if the department
orders immediate suspension of a certificate in accordance with RSA 541-A:30,
III, the certificate holder shall immediately transfer all current residents
and cease operating.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM,
eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742,
INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M
1002.17 Appeals.
(a) A request for appeal shall be submitted in
writing to the manager of the office of legal and regulatory services within 10
days following the date of the notification of denial or revocation of
certification.
(b) The manager of the office of legal and
regulatory services shall immediately forward the request to the administrative
appeals unit so that an appeal hearing can be scheduled.
(c)
Appeals shall be conducted in accordance with He-C 200.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM,
eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; ss by #12742,
INTERIM, eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M
1002.18 Waivers.
(a)
An applicant for certification, provider, residence administrator, THSP,
CMHP, provider agency, or individual may request a waiver of specific procedures
outlined in this chapter, in writing, from the department.
(b)
A request for waiver shall include:
(1) A specific
reference to the section of the rule for which a waiver is being sought;
(2) A full
explanation of why a waiver is necessary;
(3) A full explanation of alternative provisions or
procedures proposed by the agency or individual;
(4) If the
residence is certified, the date of certification;
(5) A signature
of the individual(s) or legal guardian(s) indicating agreement with the request;
and
(6) A signature of the CMHP’s executive director or designee
signifying his or her recommendation for approval of the waiver.
(c) No provision or procedure prescribed by
statute shall be waived.
(d) A request for waiver shall be granted after
the commissioner determines that the alternative proposed by the community
residence meets the objective or intent of the rule and:
(1) Does not
negatively impact the health or safety of the client(s); or
(2) Does not
affect the quality of services to individuals.
(e) The commissioner shall make
a determination on the request for a waiver within 30 days of the
receipt of the request.
(f) Upon receipt of approval of a waiver request,
the agency’s or individual’s subsequent compliance
with the alternative provisions or procedures approved in the waiver shall be
considered compliance with the rule for which waiver was sought.
(g) With the exception of waivers granted
pursuant to (h) below, and unless otherwise specified, waivers granted by the
department shall have no expiration date.
(h) Those waivers which relate to the following
shall be effective for the current certification period only:
(1) Fire
safety; or
(2) Other issues
relative to client health, safety, or welfare that require periodic
reassessment.
(i) All waivers shall
end with the closure of a community residence.
(j) A provider agency, CMHP, THSP, or individual
may request a renewal of a waiver from the department. Such request shall be made at least 90 days
prior to the expiration of a current waiver.
Source. #7762, eff 9-26-02; ss by #9795, INTERIM,
eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11; amd
by #10385, eff 7-24-13; ss by #12742, INTERIM,
eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
He-M 1002.19 Required Forms.
(a)
Applicants or community residences applying for an initial or renewal
certification shall complete and submit the form entitled “Request for
Certification of Community Residence and/or Individual Day Provider” (August 2019
edition) and shall affirm to the following:
“I swear or affirm that the information provided on
this application is accurate to the best of my knowledge and belief. I believe that this residence/community participation
service program is in full compliance with the statutes and regulations
governing these services. I understand that providing false information
shall be grounds for denial, suspension or revocation of this certification.”
(b)
Applicants applying for emergency certification shall:
(1) Complete
and submit the form entitled “Emergency Certification for Community Residences -
3 or Fewer Beds” (November 2019 edition);
(2) Attach to the
emergency certification form a current copy of the floor plan and emergency
evacuation plan; and
(3) Include a
signature from the executive director of the responsible CMHP that verifies
that the appropriate staff determined that the home meets the requirements of
He-M 1002, and He-M 1202, as applicable and certify to the following:
“I certify that:
a. (Individual’s
name), born on (Date of Birth), needed immediate placement on (Date of
Placement) to protect his/her health and safety because (Explain Reasons).
b. There
is no condition within the above residence that would pose a health or safety
threat to the client.
c. This residence is in full compliance
with the statutes and regulations governing community residences.”
(c)
Forms completed in accordance with (a) or (b) above shall be submitted
to:
Department
of Health and Human Services
Office
of Legal and Regulatory Services
Health
Facilities Administration
129
Pleasant Street
Concord
NH 03301
Source. #9894-B,
eff 3-25-11; ss by #12742, INTERIM,
eff 3-20-19, EXPIRED: 9-16-19
New. #12916, eff 11-16-19
PART He-M 1004 PSYCHIATRIC RESIDENTIAL PROGRAM
STANDARDS - EXPIRED
Statutory
Authority: RSA 415:18-a; RSA 419:5-a;
RSA 420:5-a
He-M 1004.01 - 1004.09 - EXPIRED
Source. #2749, eff 6-14-84; EXPIRED 6-14-90
New. #5325, eff 2-7-92, EXPIRED: 2-7-98
PART He-M 1005 ACUTE
PSYCHIATRIC RESIDENTIAL TREATMENT PROGRAMS - EXPIRED
Statutory
Authority:
He-M 1005.01 - 1005.10 - EXPIRED
Source. #6164, eff 1-5-96, EXPIRED: 1-5-04
PART He-M 1007 HOUSING SECURITY GUARANTEE PROGRAM -
EXPIRED
Statutory
Authority: RSA 126-A:61
He-M
1007.01 Purpose. The purpose of these rules is to establish
the requirements of the housing security guarantee program, to provide assistance for those at risk of homelessness or who
are homeless and unable to accumulate sufficient monies to meet security
deposit requirements, in order to obtain safe, affordable and permanent
housing. An eligible person or family
may apply to receive assistance in the form of a housing security guarantee to
serve as a monetary housing security deposit for participating landlords.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M 1007.02 Definitions.
(a) “Application”
means a formal request for assistance pursuant to RSA 126-A:50.
(b) “Bureau” means
the department’s bureau of homeless and housing services.
(c) “Commissioner”
means the commissioner of the department of health and human services or his or
her designee.
(d) “Department”
means the
(e) “Emergency
shelter” means any facility, the primary purpose of which is to provide
temporary shelter, excluding transitional housing, for homeless persons or
families.
(f) “Homeless” means:
(1)
A person or family that lacks a fixed, regular, and adequate nighttime
residence; or
(2)
A person or family that has a primary nighttime residence that is:
a. A supervised publicly or privately operated
shelter designed to provide temporary living accommodations, including:
1. Hotels and motels;
2. Emergency shelters; and
3. Transitional housing;
b. An institution other than a penal facility
that provides temporary residence for persons intended to be institutionalized;
or
c.
A public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings.
(g) “Household net
income” means the combined income of all members of a household.
(h) “Housing security
guarantee (HSG)” means a document issued by a provider that pledges the full
faith and credit of the department for the payment of the security deposit it
guarantees, which is to defray costs associated with damage by a tenant to
rented property or non-payment of rent which is not to exceed the equivalent of
one month’s rent.
(i)
“Landlord” means “landlord” as defined in RSA 126-A: 52, III,
namely, “a person and such person’s employees, officers, or agents who rent or
lease to another person a housing unit used as a dwelling for one or more
persons, including single family homes, apartments, mobile homes, prefabricated
homes, or other real or personal property used as a dwelling for one or more
persons.”
(j) “Program
administrator” means an employee of the department who oversees the HSG
program.
(k) “Provider” means
a local or area governmental or private nonprofit agency or organization which
contracts or enters into agreement with the bureau per RSA 126-A:55 to
administer the housing security guarantee program in accordance with He-M 1007
and RSA 126-A:50-59.
(l) “Periodic
payment” means a fractional amount of the value of the HSG that the tenant pays
to the provider until the full amount of the HSG has been paid.
(m) “Security
deposit” means “security deposit” as defined in RSA 126-A: 52, VIII, namely,
“any funds in excess of monthly rent which are required to be transferred from
a tenant to a landlord for any purpose.”
(n) “Tenant” means a
person or family who rents a dwelling or housing unit with the assistance of the
HSG program.
(o) “Tenant
applicant” means a person, family, or an authorized representative who applies
for a HSG.
(p) “Transitional
housing” means residential as well as educational or rehabilitative programs
and services for a person or family provided for at least 6 consecutive months.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M 1007.03 Eligibility for Assistance.
(a) To be eligible for the HSG program, the
person or family shall:
(1) Be a qualified tenant which means a person
whose total household income does not exceed the amount defined at “very low
income” as adjusted for household size and region, as is defined and published
from time to time by the United States Department of Housing and Urban Development;
(2) Identify a prospective dwelling or housing unit;
(3) Agree to make periodic payments in accordance
with He-M 1007.07; and
(4) Have repaid the prior provider(s) for the
full amount of the funds paid to the landlord, if the tenant applicant has
previously defaulted on a HSG.
(b) To be eligible for the HSG program, the
landlord shall:
(1) Agree to rent the dwelling or housing unit to
the person or family;
(2) Agree to accept the HSG in place of a
monetary housing security deposit;
(3) Not have filed more than 2 unsubstantiated
claims for payment for damages or rent, or both, for previous HSGs.
(c) To be eligible for the HSG program the
dwelling or housing unit shall meet the requirements in He-M 1007.04(b)13 and
RSA 48-A:14.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M 1007.04 HSG Application.
(a)
An application for a HSG shall be made jointly, in writing, by a
landlord and tenant applicant to a provider for the county in which a tenant
applicant’s proposed housing unit is located.
(b)
An application for a HSG shall include:
(1)
The name, address, and telephone number of the landlord;
(2)
The address of the proposed housing unit;
(3)
The name of the tenant applicant;
(4)
The dollar amount of the requested security deposit, not to exceed one
month’s rent;
(5)
The dollar amount of the tenant applicant's household net income;
(6)
The dollar amount of the fixed monthly expenses including but not
limited to food, utilities, day care, and transportation;
(7)
The dollar amount of the monthly rent to be charged;
(8)
A copy of any proposed lease or rental agreement;
(9)
Sworn statements from both the landlord and the tenant applicant
describing their prior participation, if any, in the HSG program;
(10)
The landlord's written agreement to accept a HSG certificate issued in
accordance with these rules and RSA 126-A:50-63;
(11)
The landlord’s written commitment to rent a dwelling or housing unit to
the tenant applicant;
(12)
The tenant applicant's written agreement to make the periodic payments
required by RSA 126-A: 56 and in accordance with He-M 1007.07;
(13)
Confirmation of the move-in condition of the dwelling or housing unit,
by providing:
a. A sworn certification by the landlord and
tenant applicant of the move-in condition of the dwelling or housing unit; or
b. A statement from the provider that through an
inspection the dwelling or housing unit meets the housing requirements in RSA
48-A:14; and
(14)
Dated signatures of the tenant applicant and landlord.
(c)
Review of HSG applications and decisions on such HSG applications shall
be performed and made by a provider within 5 business days of the submission of
a completed application.
(d)
The provider shall notify the tenant applicant or landlord of an
incomplete application within 15 days of the submission of the application.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M 1007.05 Approval.
(a)
A provider shall approve a completed application for a HSG if:
(1) The eligibility requirements in He-M 1007.03
are met;
(2) The application contains all elements
required pursuant to He-M 1007.04 (b); and
(3) There exists no reason for denial pursuant to
He-M 1007.06(a).
(b)
Within 5 business days after an approval for a HSG application, the
provider shall issue to the landlord a HSG certificate with the value of the
HSG.
(c)
Each provider shall notify the department monthly of all new HSG
application approvals.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M
1007.06 Denial.
(a) A provider shall deny an application for a
HSG for the following reasons:
(1)
The eligibility requirements in He-M 1007.03 are not met;
(2)
The tenant applicant or landlord provided relevant false or misleading
information to the provider;
(3)
The monthly amount of rent to be paid by the tenant applicant exceeds
60% of their monthly household net income;
(4) The application is incomplete
and more than 30 days have passed since the date the application was submitted;
or
(5) The provider lacks the funds necessary to
provide the HSG.
(b) The
provider shall notify the tenant applicant and the landlord of the denial of
the application within 10 days of the finding.
(c) The
denial letter shall include:
(1) The reason for the denial; and
(2) The tenant applicant’s right to an
appeal and a description of the appeals process in accordance with He-M
1007.12.
(d) A
denial due to unavailability of funding shall not be appealable.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M 1007.07 Periodic Payments.
(a)
Tenants shall make periodic payments to the provider.
(b)
The provider shall determine a periodic payment amount not to exceed 5%
of the tenant’s net monthly income.
(c)
At the same time that the provider issues a certificate of HSG, it
shall:
(1) Issue to the tenant a coupon book for
periodic payments; or
(2) Initiate billing the tenant via monthly
statements.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M 1007.08 Refunds.
(a) The provider shall refund a
tenant’s periodic payments to the tenant within 30 days of vacancy for any of
the following reasons:
(1) No claim for payment is brought by the
landlord within 30 days of vacancy; or
(2) A landlord’s claim is less than the amount
paid by the tenant.
(b)
If (a)(2) above applies, a partial refund equal to the difference
between the landlord’s claim and the tenant’s payments shall be paid to the
tenant.
(c)
If a refund can not be made because the tenant can not
be located, the provider shall make a reasonable effort to locate the tenant.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M
1007.09 Transfers. The landlord shall immediately notify the
provider of any transfer of ownership or change in management company.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M
1007.10 Landlord
Claims.
(a) The
landlord may submit a claim for payment to the provider on a HSG due to:
(1)
Non-payment of rent by the tenant; or
(2)
Damage to the premises, beyond reasonable wear and tear, caused by the
tenant, family members, or guests.
(b)
Any landlord who makes a claim for payment
on a HSG shall give to the provider and tenant within 30 days of vacancy a
written notification that a claim has been made regarding the HSG in accordance
with RSA 540-A:7.
(c) Any
landlord who makes a claim for payment on a HSG shall give to the provider:
(1) A certification of default issued by
the landlord under penalty of perjury or copy of the notice to quit in
accordance with RSA 540-A, as applicable;
(2) A copy of the landlord-tenant writ if
the tenant was evicted;
(3) A copy of the rent ledger, account
book, or any other written documents used in the ordinary course of business to
record charges due and payments made by the tenant for
the entire period of the person’s or family’s tenancy;
(4) A written description of any damage
caused by the person or family for which the landlord is making a claim for payment,
including any photographs of any damage, if available; and
(5) Copies of bills, estimates, invoices,
or other documents evidencing the cost of repairing damage committed by the
person or family for which the landlord is making a claim for reimbursement.
(d)
The provider shall pay a landlord’s claim submitted in accordance with
(c) above within 30 days of submission of the claim, unless denied in
accordance with (e) below.
(e) A provider shall deny a landlord claim for
payment for any of the following reasons:
(1)
The provider determines the claim is fraudulent based on the sworn
certification or move-in inspection described in He-M 1007.04(b)(13);
(2)
The tenant is currently residing in the dwelling or housing unit;
(3)
The amount of the claim exceeds the amount owed on repairs to the
premises, unpaid rent, or the dollar amount assured by the HSG; or
(4)
The damages are within reasonable wear and tear pursuant to RSA 540-A:7.
(f) If
a claim for payment is denied, in whole or in part, the provider shall give
written notice to the landlord as to:
(1) How much, if any, of the claim is denied;
(2) The reason for the denial; and
(3)
The right to appeal and a description of the appeals process in
accordance with He-M 1007.12.
(g) If the provider pays a landlord’s claim, the
provider shall submit an invoice for reimbursement on such claim to the
department within 60 days of payment to the landlord. The department shall deny payment for
invoices not submitted within 60 days.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M
1007.11 Closed
HSGs. The provider shall close a HSG
as follows:
(a) The HSG is cancelled which means that the
tenant has vacated the dwelling or housing unit, and the landlord has not made
a claim for payment on the HSG;
(b) The HSG is redeemed which means the tenant
has paid the provider the full amount of the HSG and the landlord has received
a monetary security deposit in place of the HSG; or
(c) The tenant defaults on the amount of the HSG
in whole or in part, which means that the landlord has submitted a
substantiated claim for payment on the HSG which exceeds the dollar amount paid
by the tenant to the provider.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M 1007.12 Appeals.
(a)
Each provider shall establish an appeal procedure by which a tenant, tenant
applicant and/or landlord can appeal a denial or decision.
(b)
The appeal of a claim shall not be conducted by any person who
participated in the decision that is the subject of the appeal.
(c)
Following the completion of the appeal process, the provider shall issue
a written decision to the tenant, tenant applicant and landlord setting forth
the disposition of the appeal. The
provider shall maintain a record of such appeal and make the record available to
the bureau, if requested.
(d)
Any action by a provider or the department taken under He-M 1007 may be
appealed to the department. A request
for appeal shall be submitted in writing to the program administrator of the
bureau within 10 days following the date of the action being appealed.
(e)
Appeals in (d) above shall be conducted in accordance with He-C 200.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
He-M 1007.13 Waivers.
(a)
A provider, tenant applicant, tenant, or landlord may request a waiver
of specific procedures outlined in this part, in writing, from the department.
(b)
A request for a waiver shall include:
(1)
A specific reference to the section of the rule for which a waiver is
being sought;
(2)
A full description of why a waiver is necessary; and
(3)
A full explanation of alternative provisions or procedures proposed by
the provider, tenant applicant, tenant, or landlord.
(c)
No provision or procedure prescribed by statute shall be waived.
(d)
A request for a waiver shall be granted after the commissioner
determines that the alternative proposed by the provider, tenant applicant,
tenant, or landlord meets the objective or intent of the rule, and:
(1)
Does not negatively impact the health or safety of tenants; and
(2)
Does not affect the quality of provider services.
(e)
Upon receipt of approval of a waiver request, the provider’s, tenant
applicant’s, tenant’s, or landlord’s subsequent compliance with the alternative
provisions or procedures approved in the waiver shall be considered in
compliance with the rule for which the waiver was sought.
(f)
Waivers shall be granted in writing for a specific duration not to
exceed 5 years.
(g)
A provider, tenant applicant, tenant, or landlord may request a renewal
of a waiver from the department. Such
request shall be made at least 30 days prior to the expiration of a current
waiver.
Source. #9579, eff 10-24-09, EXPIRED: 10-24-17
APPENDIX
A: INCORPORATION BY REFERENCE
INFORMATION
Rule |
Title |
Publisher; How to Obtain; and Cost |
|
He-M
1001.04(b) |
“Guidelines
for Preventing the Transmission of M.
tuberculosis in Health-Care Settings” (2005 Edition) |
Publisher:
Centers for Disease Control and Prevention Cost:
Free of Charge The
incorporated document is available at https://www.cdc.gov/tb/publications/slidesets/infectionguidelines/default.htm |
|
He-M
1002.02(s) |
Diagnostic
and Statistical Manual of Mental Disorders Fifth Edition, (DSM-5) |
Publisher: American Psychiatric
Association Cost: $160 Can
be purchased at: https://www.appi.org/ |
|
He-M
1002.04(b) |
“Guidelines
for Preventing the Transmission of M.
tuberculosis in the Health-Care Settings” (2005 Edition) |
Publisher: Centers for Disease Control and Prevention Cost: Free of
Charge The incorporated document is available at https://www.cdc.gov/tb/publications/slidesets/infectionguidelines/default.htm
|
APPENDIX B: STATE STATUTES IMPLEMENTED
Rule |
Specific State Statute Which the
Rule Implements |
|
|
He-M 1001.01 –
1001.05 |
RSA 126-A:19 and
20 |
He-M 1001.06 |
RSA 126-A:19 and
20, & RSA 126-A:4, IV |
He-M 1001.07-
1001.20 |
RSA 126-A:19 and
20 |
|
|
He-M 1002.01 -
1002.19 |
RSA 126-A:19, 20 |
|
|
He-M
1007.01 |
RSA
126-A: 50, 51 |
He-M
1007.02 |
RSA
126-A: 50, 51, 52 |
He-M
1007.03 |
RSA
126-A: 52, IV; RSA 126-A:53 |
He-M
1007.04 |
RSA
126-A: 54 |
He-M
1007.05 |
RSA
126-A: 54, III |
He-M
1007.06 |
RSA
126-A: 54, III |
He-M
1007.07 |
RSA
126-A: 55, 56 |
He-M
1007.08 |
RSA
126-A: 55, 58 |
He-M
1007.09 |
RSA
126-A: 55 |
He-M
1007.10 |
RSA
126-A: 57 |
He-M
1007.11 |
RSA 126-A:57-59 |
He-M
1007.12 |
RSA 126-A: 5,
VIII |
He-M
1007.13 |
RSA
541-A: 22, IV |