REVISION NOTE #1:
He-P
600 formerly dealt with crematories and had been filed under Document #4166,
effective 11-6-86, and expired 11-6-92.
Rules on crematories were subsequently filed in He-P 700 under Document
#8480, effective 11-5-05, and had expired 11-5-13. Rules on crematories are now in Frl 800, adopted and filed by the State Board of
Registration of Funeral Directors and Embalmers in Document #10945, effective
10-9-15.
REVISION NOTE #2:
Document #7841, effective 3-5-03,
adopted Part He-P 601 on other qualified agencies. Document #7841 contained rules He-P 601.01
through He-P 601.27. Document #8717,
effective 9-6-06, amended, but did not re-adopt, He-P 601.03 containing
definitions. All of
the rules in Part He-P 601, except for the amendments to He-P 601.03 in
Document #8717, expired 3-5-11.
Document #9898-A, effective 3-29-11,
subsequently adopted rules He-P 601.01 through He-P 601.04, He-P 601.05(b)
through (h), and He-P 601.06 through He-P 601.16. Document #9898-B, effective 3-29-11, adopted
rule He-P 601.01(a). Document #9898-A
and Document #9898-B replace the prior filings for the former rules He-P 601.01
through He-P 601.27 in the area of certified other
qualified agencies.
Statutory
Authority: New Hampshire RSA 161-I:7
He-P 601.01 Purpose. The purpose of this chapter is to set forth
the procedures and requirements for operating as an other qualified agency pursuant to RSA 161-I.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
He-P 601.02 Scope.
This chapter shall apply to all other qualified agencies operating in
the state of New Hampshire regarding the provision of personal care services,
including agencies providing consumer-directed services or both agency-directed
and consumer directed services, reimbursed through the medicaid
program.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
He-P 601.03 Definitions.
(a) “Agency-directed” means personal
care services for which the agency is responsible for identifying, training,
supervising, evaluating, and terminating the personal care service provider.
(b) “Alternative format” means a
method of making written communications more accessible to individuals with vision
impairments, including, but not limited to, large print or Braille.
(c)
“Applicant” means an agency seeking to be certified as an other qualified agency pursuant
to RSA 161-I.
(d)
“Case manager” means an individual employed by, or contracted with, a
case management agency who:
(1) Meets the
qualifications described in He-E 805.06;
(2) Is responsible for the ongoing assessment,
person-centered planning, coordination, and monitoring of the provision of
services included in the comprehensive care plan; and
(3) Does not have a conflict of interest.
(e)
“Choices for Independence (CFI)” means a system of long-term services
and supports (LTSS) provided under Section 1915(c) of the Social Security Act.
(f)
“Chronic illness” means an illness, which has one or more of the
following characteristics:
(1) Is permanent;
(2) Leaves residual disability;
(3) Is caused by non-reversible, pathological
alteration; or
(4) Requires special training of the individual
for rehabilitation.
(g)
“Commissioner” means the commissioner of the department of health and
human services or his or her designee.
(h)
“Complaint” means:
(1) Any allegation or assertion that a right of an
individual has been violated;
(2) Any allegation or assertion that an individual
has been abused, neglected, or exploited by an employee of, or a volunteer or
consultant for, a facility, provider, or program; or
(3) Any allegation or assertion that the
department or a facility, agency, or service provider has acted in an illegal
or unjust manner with respect to an individual or category of individuals.
(i) “Comprehensive
care plan” means an individualized person-centered plan described in He-E
805.05(c) that is:
(1) The result of a person-centered process that
identifies the strengths, capacities, preferences, and desired outcomes of the individual;
(2) Developed by the individual’s case manager;
and
(3) An integrated plan of all the individual’s
services.
(j)
“Consumer-directed services” means personal care services under which
the individual or his or her representative is responsible for:
(1) Participating in the development of the
individual’s service plan;
(2) Selecting the individual’s personal care services
worker;
(3) Setting the terms and conditions of work;
(4) Training, supervising, and evaluating the
personal care services worker; and
(5) Terminating his or her relationship with the
personal care services worker.
(k)
“Department” means the
(l)
“Incident” means an occurrence or event that interrupts normal procedure,
including a serious injury or other event threatening the health or safety of an
individual or staff.
(m)
“Individual” means any person receiving personal care services under
these rules.
(n)
“Individual’s bill of rights” means a written statement of the rights
and responsibilities of an individual receiving personal care services from an other qualified agency.
(o)
“Intermediary services” means an array of fiscal and supportive services
to facilitate the delivery of consumer-directed services, including:
(1) Fiscal management services including but not
limited to:
a. Computing tax withholdings;
b. Filing and depositing employment taxes;
c. Preparing and disbursing payroll checks;
d. Verifying time worked by employees;
e. Processing and paying non-labor related
invoices such as printing, copying, and postage costs related to providing
fiscal management services;
f. Processing criminal background checks on
prospective workers;
g. Overseeing the verification worker’s citizenship/legal
alien status; and
h. Generating standardized reports depending on
program design; and
(2) Supportive services including but not limited
to:
a. Skills advocacy training for the eligible
consumer or representative;
b. Assistance with
recruiting, screening, hiring, and training personal care service providers;
c. Creating and maintaining work registries;
d. Assessing and reassessing service needs;
e. Counseling and support; and
f. Monitoring of customer satisfaction.
(p) “Investigation” means the process
used by the department to respond to allegations of non-compliance with RSA
161-I, He-P 601, or other applicable laws or rules.
(q) “Other qualified agency (OQA)”
means an entity certified in accordance with He-E 601 to offer personal care
services and/or intermediary services.
(r) “Personal care services” means
non-medical, hands-on services that assist eligible individuals to maintain
themselves in a community setting.
(s) “Personal care service worker”
means a person who is employed by other qualified agencies and who is:
(1) Selected by the eligible individual, his or
her representatives, or the agency; and
(2) Anyone other than the individual’s legally
responsible relative, as defined in RSA 161-I:2, VIII, case manager, or
personal care services representative.
(t)
“Person-centered” means that the individual or his or her authorized
representative or caregiver is the center of the system of care and the
individual’s needs and preferences drive the care and services provided.
(u)
“Person-centered planning” means a process for planning and supporting
an individual receiving personal care services that builds upon the
individual’s capacity to engage in activities that promote community life and
honors the individual’s preferences, choices, and abilities, and which involves
families, friends, and professionals as the individual desires or requires.
(v)
“Registered nurse” means an individual who holds a current license to
practice registered nursing as defined in RSA 326-B:2, XI.
(w)
“Representative” means a person:
(1) Chosen by:
a. The individual or his or her legal guardian;
or
b. A person granted power of attorney by the individual;
(2) Deemed appropriate by the department to act
on behalf of the individual; and
(3) Who:
a. Is not the personal
care services worker;
b. Does not have a financial relationship with a
home health agency or other qualified agency providing intermediary services to
the individual; and
c. Is not the individual’s case manager.
(w)
“Universal precautions” means a set of precautions designed to prevent
transmission of blood borne pathogens when providing first aid or health care.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
He-P 601.04 Personal Care Services.
(a) Personal care services shall be provided by
personal care service workers in accordance with these rules.
(b) Personal care services shall include the
following services:
(1) Hands-on assistance with activities of daily living
necessary to carry out daily self-care activities such as grooming, toileting,
eating, dressing, getting into or out of a bed or chair, walking, bathing, and
continence, or cuing an individual to perform a task;
(2) Under the direction of the individual,
assistance with self-administration of oral or topical medication as
prescribed, to include:
a. Reminding the individual regarding the timing
and dosage of the medication, and to take his or her medication as written on
the medication container;
b. Placing the medication container within reach
of the individual;
c. Assisting the individual with opening the
medication container;
d. Assisting the individual by steadying shaking
hands; and
e. Observing the individual take the medication
and recording the same in the individual’s record;
(3) Accompanying the individual in the community
when:
a. The assistance of the personal care worker is
required for the individual to access necessary services; and
b. The need for re-direction or direct
assistance, or both, is required;
(4) When non-medical transportation services are
authorized, hands-on assistance at the authorized destination when the
comprehensive care plan documents that this assistance is required at the
destination; and
(5) General household tasks, limited to the
following:
a. Laundering the individual’s personal clothing
items, towels, and bedding;
b. Light cleaning limited to the individual’s
bedroom, bathroom, mobility, and medical devices, and common living spaces;
c. When the individual lives alone, light
cleaning of the kitchen, entry way areas, and common living spaces, in order to
maintain a safe environment;
d. Errands for necessary tasks identified in the
comprehensive care plan; and
e. Preparing
non-communal meals and snacks, unless for multiple CFI individuals, including
cleaning the food preparation area after the food is served.
(c) Personal care services shall not include:
(1) For the purpose of transportation only, when
no other assistance is required;
(2) When provided in any of the following
settings:
a. A residential care facility;
b. A hospital;
c. A nursing facility;
d. A rehabilitation facility; and
e. An adult family care home.
(4) When provided by any of the following
individuals:
a. The individual’s personal care services representative;
b. The individual’s agent acting under a
designated power of attorney pursuant to RSA 564-E; or
c. The individual’s legal guardian.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
He-P 601.05 Application Requirements.
(a)
Each applicant shall complete and submit an application
entitled Form 3720 “Request for Certification of Other Qualified Agency” (5/2012)
verifying the following:
“I verify that the information provided in
this application is accurate to the best of my knowledge. Neither the executive
director or if applicable the executive officers have been named as the perpetrator
in a founded determination of abuse, neglect, or exploitation following a
protective investigation conducted by the department pursuant to RSA 161-F:
42-57, or following a similar investigation conducted by another state. I
affirm my programs are in compliance with RSA 161-I,
He-P 601, including the requirement for criminal record checks for all personal
care workers, and other applicable laws and rules. I understand that providing
false information shall be grounds for denial, suspension, or revocation of a
certification.”
(b) Along with Form 3720 “Request for
Certification of Other Qualified Agencies”, each applicant shall submit the
following:
a. For program design and program administration,
policies and procedures:
1. A description
of the OQA program goals and objectives and how it supports consumer directed care;
2. A description of the OQA policy regarding
intake and admission and/or exclusion criteria;
3. An explanation of how the agency will ensure
that clients will have choice over his/her personal care worker(s) and indicate
if a client will be able to choose his or her personal care worker other than
from the agency’s own pool of workers;
4. An indication if the agency will allow clients
who have a legal representative to participate in the program;
5. An explanation of what supports or education
are offered to each client on how to manage his or her care and management of
his or her personal care worker;
6. A description of how a client’s plan of care
is designed including who is involved in developing the plan and how the OQA
monitors its use, such as face to face interviews with the client, and how BEAS
case managers are involved;
7. Specification of any other monitoring
process(s) the agency uses or plans to use for ensuring the quality of personal
care services such as client satisfaction surveys. If available, include
samples of the tools used to collect this information;
8. A description of the annual OQA program evaluation
plan indicating measurable goals and objectives and how progress will be
measured;
9. A current, dated organizational chart of the
OQA program illustrating lines of authority, responsibility/communication, and
staff assignment, including date, staff names, and position titles;
10. A description of the policies for
programmatic access related to the American with Disabilities Act, for example,
alternative formats, and include the program’s web address;
11. A description of and a copy of the written
confidentiality policy;
12. A description of and a copy of the agency’s
policies and procedures for screening potential staff members including the
procedures for conducting criminal history checks and BEAS state central
registry checks on potential personal care workers;
13. An explanation of what customer service
system procedures the agency currently utilized or what the agency plans to
utilize, to include a toll-free number for clients, the hours the toll-free
number is staffed, and if the agency has a messaging service, and the
procedures that are in place for returning calls; and
14. An indication of how the agency informs each
client of his or her rights and responsibilities for participating in the
program, and include a copy of the written rights and responsibilities,
grievance procedures, and service-termination policies you provide to each
client; and
b. For staffing, supervision, and training:
1. A copy of the staff orientation plan
including for certified personal care workers;
2. A description of the policies regarding staff
supervision provided to personal care workers by the OQA;
3. The OQA program job descriptions that
delineate the roles and responsibilities for the executive director and the
director of personal care services;
4. An indication of how the agency informs each
personal care worker of his or her rights and responsibilities and include a
copy of the written rights and responsibilities, grievance procedures, and
service termination policies the OQA provides to each personal care worker;
5. Identification of how the OQA informs the
client and his or her worker about how to report incidences to the state
according to the requirements of the state’s adult protection and the
department’s ombudsman’s program laws and indicate if the agency would like
pamphlets on the adult protection law to provide to clients;
6. An explanation of the process for resolving
incidences and/or reporting incidences to the state according to the
requirements of the state’s adult protection laws. Indicate if you keep a
record of incidences.
7. A copy of the emergency back-up plan the
agency provides to clients in the event a personal care worker fails to report
to work and how the agency informs the client of these procedures. Indicate if
the agency has a worker registry that the client may access to find a
substitute worker;
8. A description on how training is provided to
the individuals employed by your agency to provide personal care services and
include what the qualifications of the person(s) providing the training and the
type and frequency of ongoing training provided;
9. Details on the schedule for regular in service
OQA staff training for OQA staff including an indication of:
i. If the OQA provides additional/ongoing training
to caregivers, if the OQA determines additional training is needed; or
ii. If the OQA routinely provides additional
training, and if so how often is the additional training provided; and
10. A copy of the training manual, workbook, or other
written training instructions.
(c)
For initial certification, each applicant shall submit the following
documents to the department:
(1) A document demonstrating financial viability
in one of the following forms:
a. The most recent financial statement or annual
report;
b. The most recent financial audit;
c. A letter from an accountant indicating
financial viability of the agency; or
d. A letter from a financial institution
demonstrating financial solvency of the agency;
(2) Current proof of authorization from the
secretary of state to do business in New Hampshire; and
(3) A copy of the Internal Revenue Service (IRS)
notice that includes the organization’s federal employer identification number.
(d)
An OQA applying for renewal of certification shall submit:
(1) The information described above in (a) through
(c) within 90 days of the expiration of the current certification;
(2) A request for renewal of any existing waiver
previously granted by the department, in accordance with He-P 601.16, if
applicable; and
(3) If requested by the department, any
documentation related to plans of correction developed and implemented pursuant
to He-P 601.08.
(e) If information required in (a) through (c)
above are incomplete or missing, the department shall notify the applicant.
(f) The applicant shall provide the missing
information to the department within 10 days of being notified of an incomplete
application or missing supporting documentation.
(g) The department shall process the applications
in accordance with RSA 541-A:29.
(h) Applications shall be denied in accordance
with He-P 601.06.
(i) If an initial or
renewal application is denied, the applicant or OQA shall not provide personal
care services.
Source.
(See Revision
Notes # 1 and #2 at chapter heading for He-P 600) #9898-A, eff 3-29-11 (paras
(b)-(h)), EXPIRED: 3-29-19; #9898-B, eff
3-29-11 (para (a)); ss by #13115, eff 10-1-20
He-P 601.06 Denial of Certification Applications.
(a)
The department shall deny an application for an initial or renewal
certification if:
(1) After being notified of and given an
opportunity to supply missing information, the applicant does not meet the
requirements of He-P 601.05;
(2) Any representative or employee of the
applicant, OQA, or the agency’s executive director is named as the perpetrator
in a founded determination of abuse, neglect, or exploitation following a
protective investigation conducted by the department pursuant to RSA 161-F:42-57,
or following a similar investigation conducted by another state;
(3) Any
representative or employee of the applicant knowingly provides materially false
information to the department;
(4) Any
representative or employee of the applicant fails to provide to the department
the documents required by this rule;
(5) Any representative or employee of the
applicant is found to be in violation of any provision of RSA 161-I, He-P 60, 1
or other applicable laws or rules;
(6) Any representative, or employee of the
applicant is found to be permitting, aiding, or abetting the commission of any
unlawful act;
(7) Any employee
of the applicant, including personal care services workers has an
administrative finding or criminal conviction as described in He-P 601.11,
unless a waiver is granted; or
(8) The department finds that an applicant for a
new certification, or the agency at the time of renewal of certification, is
not in compliance with RSA 161-I, He-P 601 or other applicable laws or rules.
(b)
Any applicant aggrieved by the denial of an application may request an
adjudicative proceeding in accordance with He-P 601.15.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
He-P 601.07 Certification.
(a)
All certificates issued in accordance with He-P 601 shall be
non-transferable.
(b)
Certificates issued to applicants shall indicate:
(1) The effective date of the certification;
(2) The expiration date of the certification;
(3) The certification number; and
(4) The name of the OQA.
(c)
A OQA shall inform the department, in writing, within 30 days of
terminating the provision of personal care services for CFI.
(d)
A certification shall be valid on the date of issuance and expire the
following year on the last day of the month in which it was issued.
(e)
If a OQA fails to submit a complete application for renewal, in accordance
with He-P 601.05, the certificate shall expire.
(f)
Any OQA whose certification has expired without the OQA having submitted
a complete application for renewal pursuant to He-P 601.05 above shall be
treated as an applicant for a new certification.
(g)
If the OQA is applying for renewal of its current certificate and the
certificate expires, the OQA shall apply for an initial certification, and the
certificate issued shall not be retroactive to the expiration of the expired
certification.
(h)
When there is a change of ownership of an OQA certified under He-P 601,
the new owner shall submit the following to the department at least 30 days
prior to the change of ownership:
(1) A written request for a new certification,
containing:
a. The reason for requesting the certification;
b. The name of the OQA as it appears on the
current certificate;
c. The name of the new OQA that will appear on
the new certification; and
d. The date upon which the change of ownership
will take effect;
(2) A completed application form and supporting
documents described in He-P 601.05;
(3) A document confirming the agency’s financial
viability in one of the following forms:
a. The most recent financial statement or annual
report;
b. The most recent financial audit;
c. A letter from an accountant indicating the
financial solvency of the new owner of the OQA; or
d. A letter from a financial institution
demonstrating the financial solvency of the new owner of the OQA;
(4) A copy of any certificate of amendment of
organizational filings issued by the
(5) A copy of the IRS notice that includes the
new owner’s federal employer identification number; and
(6) A letter from the current OQA owner,
containing:
a. An acknowledgment of the impending change of
ownership; and
b. The date when the change of ownership will
become final.
(i) When a certificate is lost, destroyed, or
damaged, the OQA shall request a replacement certificate in writing from the
department within 10 days of discovering the loss.
(j)
Any certification that is replaced due to a change in name or ownership
shall expire on the same day as the old certification.
(k)
The department shall conduct announced or unannounced on site inspections, as necessary, of the OQA.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED:
3-29-19
New. #13115, eff 10-1-20
He-P 601.08 Plans of Correction.
(a) If the department finds the OQA is not in
compliance with these rules, the department shall issue a written report
including:
(1) The name and address of the physical location
of the OQA;
(2) A listing of all rules with which the OQA
failed to comply; and
(3) Evidence supporting the finding of
non-compliance with each identified rule.
(b) Within 21 days of the date of issuance of the
report the OQA shall submit either:
(1) A written plan of
correction; or
(2) Information as to why
each deficiency did not exist.
(c)
The department shall evaluate the information submitted in (b) above and
render a written decision concerning:
(1) The merits of the plan of correction, if one is submitted; or
(2) Whether a written plan
of correction is necessary, if a plan was not submitted.
(d)
The plan of correction submitted in accordance with (b)(1) above shall
specify:
(1) How the OQA has corrected or intends to
correct and prevent the occurrence of each deficiency; and
(2) The date by which each deficiency will be corrected.
(e) 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 report in (a) above;
(2) Does not create a new violation of statute or
rule as a result of its implementation; and
(3) States a completion date.
(f)
The department shall reject a plan of correction
that fails to comply with (e) above.
(g)
If the proposed plan of correction is rejected, the department shall
notify the OQA in writing of the reason(s) for rejection.
(h)
Within 21 days of the date of the written notice under (g) above, the OQA
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 (e) above.
(i) If the revised plan of correction is
rejected, the department shall deny the certification request.
(j)
The OQA shall submit written documentation to the department that
verifies the implementation of the accepted plan of correction.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED:
3-29-19
New. #13115, eff 10-1-20
He-P 601.09 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 founded report of abuse, neglect, or
exploitation of an individual by an OQA staff person or personal care services
worker, 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 received a waiver;
(2) Unless a waiver is granted, any OQA employee
or personal care services worker, who has an administrative finding or criminal
conviction as described in He-P 601.11;
(3)
The OQA fails to perform criminal background checks on pursuant to He-P
601.11;
(4) An applicant or a licensee violated RSA 161-I
or He-P 601 in a manner which poses a risk of harm to a client’s health, safety
or well-being;
(5) The OQA or any
representative or employee of the OQA provides materially false or misleading
information to the department;
(6) The OQA fails to permit or interferes with
any inspection or investigation conducted by the department;
(7) The OQA fails to provide required documents
to the department; or
(8) At an inspection, the OQA is not in
compliance with these rules or other applicable rules.
(b)
Certification shall be revoked upon the written notice by the department
to the OQA stating the specific rule(s) with which the OQA does not comply.
(c)
Any OQA aggrieved by the revocation of the certificate may request an
adjudicative proceeding in accordance with He-P 601.15.
(d)
The revocation shall not become final until the period for requesting an
adjudicative proceeding has expired or, if the OQA requests an adjudicative
proceeding, until such time as the administrative appeals unit issues a
decision upholding the department’s action.
(e)
A OQA shall not accept additional individuals if a notice of revocation
of certification has been issued.
(f)
Any applicant, OQA, or executive director who has had a certification
revoked, shall be prohibited from applying for a new or renewed certification
for a period of 5 years.
(g)
If an OQA’s certification has been revoked the OQA shall:
(1) Notify the individual, his or her
representative, and the individual’s case manager;
(2) Notify OQA employees; and
(3) Discontinue operation immediately.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED:
3-29-19
New. #13115, eff 10-1-20
He-P 601.10 Duties and Responsibilities of Other Qualified
Agencies. An OQA shall:
(a) Provide personal care services and/or
intermediary services or both as defined in He-P 601.03;
(b)
Monitor and ensure the quality of personal care services and/or
intermediary services provided to individuals;
(c)
Develop and implement a written person-centered plan that will guide the
provision of personal care services, as follows:
(1) The person-centered plan shall be developed
in conjunction with the individual and the individual’s representative, if any;
(2) The OQA shall communicate with the
individual’s case manager in order to ensure the person-centered plan is
consistent with and addresses the applicable service needs identified in the
comprehensive care plan; and
(3) The person-centered plan shall contain:
a. A description of the individual’s needs and
the scope of personal care services;
b. The dates upon which service will begin and
end;
c. The frequency of the service(s);
d. Information on the individual’s health
condition, medications, and frequency, allergies, and special dietary needs;
e. The anticipated goals and outcomes of service
provision; and
f. A description of an individualized
contingency plan that addresses unexpected situations that could jeopardize the
individual’s health or welfare, and which:
1. Identifies alternative resources in the event
that normally scheduled personal care service providers are unavailable; and
2. Addresses special evacuation needs that
require notification of the local emergency responders;
(d)
Forward a copy of the person-centered plan in (c) above to the case
manager, upon the completion or revision of the plan, and document the date it
was sent;
(e)
Describe the roles and responsibilities of individuals, representatives,
OQA providers and personal care service workers under the agency-directed and
consumer-directed personal care services options, as applicable;
(f)
Notify individuals of his or her rights and responsibilities including:
(1) The right to select their own personal care
service worker:
(2) The process for referring the individual’s
selected personal care service worker to the OQA for hire; and
(3) The OQA’s criteria for selecting or not
selecting the personal care service worker chosen by the individual;
(g)
Develop and implement a system for receiving and processing complaints
including:
(1) A complaint and appeal process;
(2) Referrals to the department’s ombudsman
program in accordance with RSA 161-F:10-19; and
(3) Reports made in accordance with RSA 161-F:46;
(h)
Prepare and distribute person-centered plans, both initial and revised,
to individuals and representatives upon request;
(i) Prepare and maintain a policies and
procedures manual that contains:
(1) Written policies and procedures for all
operational tasks performed and services provided by the agency including
agency-directed or consumer-directed personal care services or both;
(2) A confidentiality policy;
(3) A drug free work place statement;
(4) A prohibition of sexual harassment statement;
(5) An individual site and home safety checklist;
(6) A universal precautions policy; and
(7) A proper lifting techniques and body mechanics
policy;
(j)
Develop and maintain a system for customer service and for the provision
of personal care services, including:
(1) A toll-free number by which individuals can
access OQA customer services including a statement of the OQA’s business hours
and appropriate staff contacts;
(2) A system for returning all calls received
during and after regular business hours and prior to the close of the next
business day after receipt, respectively;
(3) A system for tracking communications with and
complaints/grievances from individuals and for resolving issues in an effective
manner;
(4) A communication access plan for the provision
of communication access for clients with limited English proficiency, deafness
or hearing loss, vision loss, or speech impairments; and
(5) The availability of alternative communication
formats;
(k)
Establish terms and conditions of employment;
(l) Ensure that the personal care service worker
is able to meet the needs of the individual to be served;
(m) Prior to employment, conduct and document:
(1) A criminal background check pursuant to RSA
161-I:6-a, and He-P 601.11; and
(2) A NH central registry check pursuant to RSA
161-F:49;
(n)
Prior to personal care service workers providing services to an
individual:
(1) Have evidence of a 2-step tuberculosis testing,
mantoux method, or other method approved by the
Centers for Disease Control, conducted not more than 12 months prior to
employment;
(2) Allow the personal care service worker to
begin providing services if the TB test results are negative for the first
step, and the personal care service worker is awaiting the results of the second
step of the TB test; and
(3) Comply with the requirements of the Centers
for Disease Control “Guidelines for Preventing the Transmission of M. tuberculosis in Health-Care Settings”
(2005 edition), available as noted in Appendix A, if the person has either a
positive TB test, or has had direct contact or potential for occupational
exposure to M. tuberculosis through shared air space with persons with
infectious tuberculosis;
(o)
Complete reference checks for potential personal care service workers if
requested by the individual in writing via letter, e-mail, or fax;
(p) Provide information to individuals or their
representatives about employing a consumer-directed personal care service
worker including, but not limited to:
(1) Techniques for interviewing and screening
personal care service workers;
(2) Preparing interview questions;
(3) How to schedule and conduct an interview with
a prospective personal care services worker;
(4) The process for referring selected personal
care service workers to the OQA for hire;
(5) The process for informing candidates that
they have not been selected for employment; and
(6) Techniques for
supervising personal care service workers;
(q) Develop a process for receiving
and reviewing completed personal care service worker applications;
(r)
Develop a personal care service worker’s employment package including
but not limited to:
(1) A personal care service worker’s handbook;
(2) An employment application;
(3) INS Form I-9, Verification of Citizenship and
Alien Status, with instructions and completed example;
(4) IRS Form W-4,
Employee’s Withholding Allowance Certificate with instructions and completed
example;
(5) IRS Notice 797, Possible Federal Tax Refund
Due to the Earned Income Credit (EIC);
(6) The hiring criteria and requirements used by
the OQA for rejecting a personal care service worker for employment who was
recruited and referred by an individual;
(7) A confidentiality policy;
(8) A drug free work place statement;
(9) A statement on the prohibition of sexual
harassment statement;
(10) A statement signed by the individual or the
representative and the personal care service workers stating that the worker
has the necessary knowledge, skills, and experience to meet the individual’s personal
care services needs;
(11) The agreement form signed by every individual
or representative agreeing to abide by OQA policies and procedures;
(12) Payroll pay days schedule that the personal
care service worker’s paychecks are issued; and
(13) The payroll schedule illustrating when
verification of the personal care service worker’s time worked are to be
completed;
(s)
Develop and maintain a system for collecting and verifying the following
information:
(1) The name and address of the individual
receiving personal care services;
(2) The name of the personal care service worker;
(3) The day of the week, date, and amount of time
spent providing each occurrence of personal care services; and
(4) The total number of units of service provided
during the time period documented;
(t)
Include the following on paper timesheets when they are used:
(1) The signature of the individual receiving or
directing the personal care services indicating that the service was provided
in accordance with the care plan, and to the individual’s satisfaction; and
(2) The signature
or equivalent evidence/verification of the personal care service worker
indicating that the information provided is accurate and signifying that the
employee understands that falsification of information provided could lead to
prosecution;
(u)
Develop and implement a process for distributing personal care service
worker’s payroll checks, ensuring that:
(1) The OQA is in compliance with federal and
state minimum wage and overtime laws;
(2) Only approved hours are reimbursed; and
(3) The OQA has
the option of paying workers via direct deposit or mailing paychecks to
workers’ homes;
(v)
Assist individuals and representatives to develop of an emergency back-up
plan in the event that the personal care service worker fails to report for
work;
(w)
Implement procedures for:
(1) Comparing the information verified in (s)
above with the individual’s person-centered plan described in (c);
(2) Notifying the individual or representative
when information regarding the time worked does not reconcile and facilitating
the resolution of issues before payroll is processed;
(3) The evaluation of the personal care service
worker performance; and
(4) The termination of a personal care service
worker;
(x)
For OQAs that offer consumer-directed personal care services, develop
and maintain a personal care service worker registry that individuals and
representatives can access when recruiting their personal care service workers;
(y) Ensure that:
(1) Individuals or
their representatives train their consumer-directed personal care service workers;
and
(2) Workers
providing consumer-directed personal care services can access other training
opportunities as deemed necessary by the individual or their representative
receiving services;
(z)
Provide orientation to personal care service workers that includes but
is not limited to:
(1) Agency policies and processes including those
dealing with confidentiality;
(2) The individual’s bill of rights;
(3) Mandated adult protective services (APS)
reporting;
(4) Health insurance portability and accountability
act (HIPAA) basics;
(5) Blood-borne pathogens and universal
precautions; and
(6) Basic lifting techniques;
(aa)
Conduct skills training at the agency or individual’s home, including a
description of the skills training topics available;
(ab)
Develop techniques for orienting and training personal care service
workers and document the training provided;
(ac)
Report to the appropriate authority any individual who is suspected of
being abused, neglected, exploited, or self-neglecting, in accordance with the
adult protection law, RSA 161-F:46;
(ad)
Initiate action to maintain the OQA in full compliance at all times with
the health and safety requirements contained in applicable federal, state and
local laws, rules, regulations, and ordinances;
(ae)
Possess and maintain written proof of insurance coverage as required by
applicable state or local laws and rules;
(af) Comply with the department’s quality
assurance procedures in accordance with RSA 126-A:4, IV and these rules;
(ag) Identify, report, and manage:
(1) Personal care service worker-related
injuries;
(2) Individual’s injuries; and
(3) General incidence reporting;
(ah)
Maintain and make available safety information, including, but not
limited to:
(1) An individual site and home safety checklist;
(2) Procedures for identifying and reporting
personal care service worker’s injuries;
(3) Procedures for addressing emergencies;
(4) Emergency contact people and telephone
numbers to contact at the OQA; and
(5) Procedures regarding universal precautions
and safe lifting techniques;
(ai)
Establish a disaster recovery plan for computer files that addresses:
(1) The estimated time for the return to
operation; and
(2) The accuracy of software and data at return
to operation;
(aj) Ensure all personnel utilize universal
precautions as defined in He-P 601.03(w); and
(ak) Comply
with and make available upon request any licensing or certification
requirements required by applicable federal, state, or local laws and/or rules.
Source. (See Revision Notes # 1 and #2 at chapter heading for He-P 600)
#9898-A, eff 3-29-11; amd by #9959, eff
7-26-11 (para (n)); EXPIRED 3-19-19 in paras (a)-(m) and (o)-(ak); EXPIRED 7-26-19 in para (n)
New #13115, eff 10-1-20.
He-P 601.11 Personnel Requirements.
(a)
OQAs shall employ the following:
(1) An executive director;
(2) A director of personal care services;
(3) Professional
staff adequate to provide consumer-directed programs and guidance to individuals
receiving personal care services; and
(4) Personal care service workers.
(b)
The executive director and director of personal care services shall:
(1) Be at least 21 years of age; and
(2) Be able to demonstrate knowledge regarding
the philosophy and application of consumer-direction to personal care services.
(c)
If the OQA has a change in its executive director, the OQA shall notify
the department in writing of the change no later than 90 days after the employment
start date of the new executive director.
(d) The new executive director shall meet the
requirements in (b) above.
(e)
Each staff member or personal care service worker shall:
(1) Be at least 17 years of age;
(2) Be found by the OQA executive director or his
or her designee to have the knowledge and skills necessary to successfully
perform the tasks necessary to meet the needs of the individual receiving
services.
(f)
For all new hires prior to employment, the OQA shall:
(1) Verify the person’s qualifications; and
(2) Verify that the person is not listed on the
BEAS state registry pursuant to RSA 161-F:49 or does not have a finding of
abuse, neglect, or exploitation following a similar investigation conducted by
another state.
(g)
For potential employees whose scope of employment will include the
provision of services in an individual’s home or otherwise involves direct
contact with an individual, the following shall apply:
(1) The OQA shall obtain and review a criminal
conviction record check in accordance with RSA 161-I:6-a; and
(2) Without a waiver granted in accordance with
He-P 601.16 the OQA shall not make a final offer of employment if the person
has been convicted of a felony.
(h)
Waivers of (g)(2) above shall be effective for the length of the person’s
employment, unless additional convictions occur.
(i) For employees hired prior to the 2020
effective date of these rules who have a conviction described in (g)(2), the
OQA shall submit waiver requests in accordance with He-P 601.16 no later than the
expiration date of the OQA’s current certification.
(j)
For personal care service workers with a misdemeanor conviction, prior
to the initiation of services to each individual served, the OQA shall:
(1) Disclose to the individual or his or her representative
the personal care service worker’s conviction and discuss the impact of the
individual’s selection on the provision of services, including the following:
a. Whether or not the conviction poses a threat
to the health and safety of the individual;
b. What safeguards will be in place to maintain
the health and safety of the individual, if the personal care service worker
were to provide services; and
c. Whether or not the individual consents to the
personal care service worker providing services, after being so informed; and
(2) Maintain the following in the service record:
a. Documentation of the date on which the
conviction was discussed with the individual or his or her representative as
described in (1) above;
b. The steps taken to implement the safeguards
described in (1)b. above; and
c. A signed statement from the individual indicating
that he or she has been informed of the conviction as describe in (1) above and
consents to the personal care service worker providing services.
(k)
All personnel shall sign separate statements indicating whether or not
that they:
(1) Have had a felony conviction in this or any
other state;
(2) Have been convicted of a sexual assault,
other violent crime, assault, fraud, abuse, neglect, or exploitation, or pose a
threat to the health, safety, or well-being of a client;
(3) Have 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; and
(4) Understand they are required to report any
administrative finding or criminal conviction to the OQA during the duration of
their employment.
(l)
All personnel shall report any administrative finding or felony or
misdemeanor criminal conviction to the OQA during the duration of their
employment.
(m)
All professional staff hired by the OQA shall be licensed or registered
as required by applicable state or federal laws.
(n)
The executive director shall carry out all of the policies and
procedures of the OQA.
(o)
The executive director, president, or CEO shall be responsible for:
(1) Administering agency management and fiscal
matters;
(2) Implementing the goals and objectives of the
agency;
(3) Implementing all written policies and
procedures of the certified other qualified agency;
(4) Employing and
terminating staff, in conjunction with individuals receiving consumer-directed
personal care services;
(5) Designating, in writing, a staff member who
is responsible for administering the agency in the absence of the executive
director;
(6) Planning, organizing, and directing
activities that may be delegated;
(7) Appointing the director of personal care
services; and
(8) Ensuring the accuracy of informational
materials and activities.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED:
3-29-19
New. #13115, eff 10-1-20
He-P 601.12 Documentation, Recordkeeping and Reporting.
(a)
Personnel records shall be maintained by the OQA for all employees.
(b)
Each employee’s personnel record shall include the following:
(1) The name, address, and telephone number of
the employee;
(2) The employee’s qualification for the
position, including, as applicable, education, training, and his or her
referral for hire by an individual;
(3) The employee’s prior work experience and
employment references;
(4) Proof of age;
(5) A copy of a valid photo identification;
(6) A completed INS Form
I-9 Verification of Citizenship and Alien Status, if applicable;
(7) Copies of all required federal and state
employment tax and insurance related forms;
(8) A
signed verification by the employee that he or she has received a copy
of the OQA’s policy setting forth the rights and responsibilities of individuals
served and the rights and responsibilities of the employee;
(9) A statement signed by the employee and the
consumer receiving the personal care services or the consumer’s representative
that the employee has the skills and experience and has received orientation by
the agency and training sufficient to meet the needs of the individual;
(10) A signed statement in accordance with He-P
601.11(k);
(11) A record of all training received; and
(12) Documentation of completed criminal
background check pursuant to RSA 161-I:6-a and central registry check pursuant
to RSA 161-F:49.
(c)
The OQA shall ensure that all records are legible, current, and accurate.
(d)
Personnel records shall be retained for 7 years after discharge of a
personal care service worker.
(e)
The OQA shall arrange for the storage and retrieval of personnel records
in the event that the OQA ceases operation.
(f)
Personnel records shall be maintained in a confidential manner as
follows:
(1) Active and archived personnel records shall
be maintained in a locked, metal container, room, or cabinet at the
organization;
(2) Individual personnel records shall not
contain information pertaining to other employees;
(3) Access to personnel files shall be limited as
authorized by federal, state, or local law or regulations;
(4) Personnel files shall be readily available to
any persons authorized to review such records including the department during
any complaint investigation; and
(5) Computerized files shall be protected by
access restrictions.
(g)
Service records for each individual shall be maintained by the certified
OQA for all services provided to individuals.
(h)
Service records shall include, but not be limited to:
(1) The individual’s name, address, telephone
number, and date of birth;
(2) If the individual has designated a
representative, the representative’s name, date of birth, relationship to the
individual, address, and phone number, when applicable;
(3) An emergency contact name, the contact’s relationship
to the individual, address and telephone number;
(4) The name of individual’s case manager and his
or her contact information;
(5) Medicaid and other insurance information, as
applicable;
(6) A copy of the individual’s person-centered
plan and all updates;
(7) The names of the individual’s back-up
personal care service worker(s) and back-up plan;
(8) The personal care service-related training
provided to each personal care service worker by the individual or his or her
representative;
(9) Copies of payroll summary reports;
(10) Documentation of all assessments of the
individual that are conducted by the OQA;
(11) Documentation of all communications with the
individual and with the individual’s case manager;
(12) Documentation
of the information required in He-P 601.11(j)(2) including the implementation
of safeguards in accordance with He-P 601.11(j)(2)b., if applicable;
(13) A signed acknowledgement
of receipt of the individual’s bill of rights signed by the individual or his
or her representative;
(14) A signed acknowledgement of the individual or
the representative’s receipt of the manual as described in (e) above;
(15) Documentation of the personal care services
provided in accordance with He-P 601.10(s); and
(16) Documentation of termination of services
including:
a. The date of discharge;
b. The health and functional status of the
individual at discharge;
c. Discharge planning information;
d. Any discharge referrals which have been made;
and
e. Reason for discharge.
(i) Service records for each individual shall be
maintained as follows:
(1) The OQA shall ensure that all individuals’
service records are legible, current and accurate;
(2) Individuals’ service records shall be
retained for 7 years after discharge of an individual;
(3) An OQA shall arrange for storage and access
as needed of individuals’ service records in the event the OQA ceases
operation;
(4) Individuals’
service records shall be maintained in a confidential manner including the following:
a. Separate individual service records shall be
maintained for each individual receiving personal care services and shall
contain all information required in (h) above;
b. Service records shall be retained at the OQA;
c. Service records shall be maintained in
accordance with the HIPAA;
d. An OQA shall develop and implement a policy
that shall determine the method by which written release of information contained
in the individual’s service record shall
occur;
e. All files shall
be accessible only to the staff designated by the OQA director and protected by
federal, state, or local law or regulation;
f. Except to the extent prohibited by the
requirement in (4)e. above, each service record shall be readily available to
the professional staff, health care worker, and any persons legally authorized
to review such records ; and
g. An OQA shall provide the individual with a
copy of his or her service record upon receipt of the request from that
individual;
(5) An OQA shall have a system in place and a
policy and procedure for preparing and distributing billing summary reports to
individuals or representatives for each billing period; and
(6) Copies of each report, specified in (5)
above, shall be kept in the individual’s service record;
(7) The billing summary report shall include, but
not be limited to:
a. The individual’s name, address and telephone
number;
b. The individual’s Medicaid identification
number, when applicable;
c. The name of the individual’s case manager and
his or her telephone number;
d. The billing period;
e. The total hours per week and hours per day of
personal care services rendered;
f. The total number of billing units;
g. The billing rate per hour; and
h. The total amount billed per week.
(j)
The OQA shall maintain the original versions of each employee’s properly
executed time sheets or records demonstrating electronic documentation of the
employee’s time worked;
(k)
The OQA shall make available to the department the individual’s service
records and related documents necessary for the purposes of verification of
compliance with the scope, duration, and intent of the department’s support
plan developed for the individual.
(l)
The OQA shall not engage in falsification of any documents or records
related to individuals’ personal care service provision and billing.
(m)
Each OQA shall post the following documents in an area of the premises
that is conspicuous and open to individuals and the general public:
(1) The agency’s current certificate;
(2) All investigation reports issued by the
department and other relevant regulatory agencies for the previous 12 months;
(3) Any notice of a pending hearing or order
pertaining to the certified other qualified agency that has been issued by the
department or a court during the previous 24 months;
(4) A copy of the individual’s bill of rights as
defined in He-P 601.03 (n);
(5) A copy of the
OQA’s policies and procedures relative to the implementation of the
individual’s bill of rights and responsibilities;
(6) A copy of the OQA’s complaint procedure; and
(7) A notice stating that complaints regarding the
OQA may be submitted to:
Department of
Health and Human Services
Bureau of Elderly
and Adult Services
129 Pleasant St.
1-800-351-1888,
ext. 7857 or (603) 271-9212.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
He-P 601.13 Representative.
(a)
The individual, his or her legal guardian, or a person granted power of
attorney by the individual may designate a representative to act on the
individual’s behalf:
(1) When directing personal care services being
provided; and
(2) Under the following conditions:
a. The persons named below shall not serve as
representatives for purposes of personal care services:
1. The personal care worker providing the
services;
2. The individual’s case manager; and
3. Anyone having a financial relationship with
any agency providing personal care services or intermediary services to the
individual; and
b. The personal care representative shall be
designated through a written document signed by the individual or his or her
legal guardian or by the person granted power of attorney, and a witness,
stating that:
1. The personal care representative’s role only
applies to decisions made regarding the personal care services described in
this rule;
2. The appointment of a personal care
representative can be revoked at any time by either party; and
3. The responsibilities of the personal care
representative shall be to:
(i) Have weekly
face-to-face contact with the individual and the personal care worker;
(ii) Have monthly contact with the CFI case
manager concerning personal care services;
(iii) Ensure that
the personal care worker is taking the individual’s care preferences into
consideration; and
(iv) Communicate
concerns or satisfaction to the other qualified agency regarding the personal
care worker, when appropriate.
(b)
An OQA shall have written policies and procedures for:
(1) Verifying that each individual’s
representative meets department requirements;
(2) Obtaining from the individual or his or her
guardian or his or her power of attorney the representative’s name, address, telephone
number, and scope of authority;
(3) Collecting and keeping current a copy of the
written document, signed by the individual or his or her guardian or his or her
power of attorney stating the information included in section (a)(2)b. above;
(4) Communicating with the individual’s
representative issues and their satisfaction with the personal care services
being received by the individual; and
(5) Obtaining from the individual or his or her
guardian or from his or her power of attorney any changes in representation
within 30 days of the date that the change occurs and keeping this information
current.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
He-P 601.14 Monitoring the Quality of Services.
(a)
An OQA shall comply with the department’s quality assurance procedures
in accordance with RSA 126-A:4, IV and these rules.
(b)
OQAs providing personal care services shall:
(1) Develop a quality assurance program which
shall assess patterns and trends of activities which affect the quality of care
and the application of the philosophy of consumer-direction; and
(2) Initiate
action to develop or modify currently existing agency policies to assure that
an optimum quality of care and the level of consumer choice whereby an
individual shall have the option to receive personal care services, including
agency-directed or consumer-directed services or both, through a home health
agency or an other qualified agency and direction for
all individuals receiving personal care services.
(c)
An OQA shall ensure that an appropriate staff member, other than the
personal care worker:
(1) Conducts by mail individual and
representative satisfaction surveys that shall be:
a. Available in alternative formats upon
request;
b. Mailed within
60 days of when the agency began serving the individual or representative; and
c. Conducted on an annual basis after the initial
survey;
(2) Conducts satisfaction surveys with individuals
who have representatives based on the schedule outlined in (1)a. and b. above;
and
(3) Verifies if the person-centered plans are
being carried out by comparing documentation of provided services with services
required in the person-centered plan in addition to (1) and (2) above.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
He-P 601.15 Appeals.
(a)
The department shall notify applicants or OQA of the department’s
decision to deny or revoke a certification of the right to request an
administrative appeal in accordance with RSA 541-A and He-C 200.
(b)
If an applicant or OQA fails to request an administrative appeal in
writing within 30 days of the date of the notice, the action of the department
shall become final.
(c)
Administrative appeals under this
section shall be conducted in accordance with RSA 541-A and He-C 200.
(d)
Further appeals of department decisions under this section shall be governed
by RSA 541.
Source. (See Revision
Notes # 1 and #2 at chapter heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED:
3-29-19
New. #13115, eff 10-1-20
He-P 601.16 Waivers.
(a)
Applicants or OQA seeking waivers of specific rules requirements in He-P
601 shall submit written requests for waivers to the commissioner.
(b)
The written request for a waiver shall include:
(1) Identification of the specific section of the
rule for which a waiver is being sought;
(2) A full explanation of why the applicant or
OQA believes the waiver is necessary;
(3) A full explanation of alternatives proposed
by the applicant or the OQA; and
(4) The period of time for which the waiver is
sought, which shall be no longer than 12 months after the waiver request date,
except as allowed by He-P 601.11(h).
(c)
A request for a waiver shall be granted only if the commissioner of the
department determines that the alternative proposed by the applicant or OQA:
(1) Meets the objective or intent of the rule; and
(2) Either:
a. Does not negatively impact the health or
safety of the individuals being served by the OQA; or
b. Is administrative
in nature and does not affect the quality of care provided to individuals.
(d)
All waivers, except as allowed by He-P 601.11(h), shall expire on the
same day as the certificate or 12 months after the request, whichever is
sooner.
(e)
The OQA’s subsequent compliance with the alternatives approved in the
waiver shall be considered equivalent to complying with the rule from which the
waiver was sought.
(f)
Waivers shall not be transferable.
(g)
If a OQA wishes to extend the waiver beyond the period of time in (d)
above , the OQA shall apply for a new waiver at least 60 days prior to the
expiration of the existing waiver by submitting the information required by (b)
above.
(h)
The request to extend a waiver shall be subject to (b) through (g)
above.
Source. (See Revision Notes # 1 and #2 at chapter
heading for He-P 600) #9898-A, eff 3-29-11, EXPIRED: 3-29-19
New. #13115, eff 10-1-20
Appendix A: Incorporation by Reference
|
He-P
601.10(n)(3) |
Centers
for Disease Control and Prevention’s “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 |
Appendix B
|
Rule |
|
|
|
|
|
He-P
601.01-601.02 |
|
|
He-P 601.03 |
RSA 161-I:2 |
|
He-P 601.03(a) |
RSA 151:2-b, IV |
|
He-P 601.04 |
RSA 161-I:7 |
|
He-P 601.05 |
RSA
541-A:29; RSA 161:I:7 |
|
He-P 601.06-601.09 |
RSA 161-I:7 |
|
He-P 601.10 |
RSA 161-I:6; RSA
161-I:6-a; RSA 161-I:7 |
|
He-P 601.11 |
RSA 161-I:5; RSA
161-I:7 |
|
He-P 601.12 |
RSA 161-I:7,I(e) |
|
He-P 601.13 |
RSA 161-I:4,II
& 7,IV |
|
He-P 601.14 |
RSA 161-I:7 |
|
He-P 601.15 |
RSA 541-A:16,
I(b) |
|
He-P 601.16 |
RSA 541-A:22,IV |