Section He-M 505.03 - Role and Responsibilities of the Area Agency(a) The primary responsibility of the area agency shall be to plan, establish, and maintain a comprehensive service delivery system for all individuals who are residing in the area. The area agency shall plan and provide these services according to rules promulgated by the commissioner.(b) Pursuant to RSA 171-A:18, I, the area agency shall be the primary recipient of funds provided by the bureau for use in establishing, operating, and administering supports and services and coordinating these with existing generic services on behalf of individuals in the area. The area agency may receive funds from sources other than the bureau to assist it in carrying out its responsibilities.(c) When possible, the area agency shall utilize generic, integrated services, rather than establish separate services for people with developmental disabilities or acquired brain disorders.(d) Services provided by, or arranged through, an area agency shall: (1) Facilitate as much as possible the individual's ability to determine and arrange the services and supports he or she will receive, including the involvement of family and friends as identified by the individual;(2) Promote the individual's personal development and quality of life in a manner that is determined by the individual;(3) Meet the individual's needs in personal care, employment, and leisure activities;(4) Protect the individual's right to freedom from abuse, neglect, exploitation and violations of service rights pursuant to He-M 310.06(a) ;(5) Promote the individual's health and safety;(6) Increase the individual's participation in a variety of integrated activities and settings;(7) Provide opportunities for the individual to exercise personal choice, independence, and autonomy within the bounds of reasonable risks;(8) Enhance the individual's ability to perform personally meaningful and functional activities;(9) Assist the individual to acquire and maintain life skills, such as, managing a personal budget, participating in meal preparation, or traveling safely in the community;(10) Be provided in such a way that the individual is seen as a valued, contributing member of his or her community; and(11) Be in an environment or setting that promotes the person's freedom of movement, ability to make informed decisions, self-determination, and participation in the community.(e) The area board shall establish policies and procedures for the governance and administration of the area agency and all service components of the area service delivery system. Policies shall be developed to ensure efficient and effective operation of the local service delivery system and adherence to requirements of state and federal funding sources, the area plan, and rules and contracts established by the department. Policies shall be developed to ensure that the area agency avoids any conflict of interest and any appearance of conflict of interest in its business relationships.(f) The department shall assist area agencies in the establishment and provision of services through contract establishment, contract monitoring, consultation, technical assistance, service reviews, staff and board training, coordination with other service systems, and other means.(g) The area agency shall be incorporated and have an established plan for governance in accordance with He-M 505.03(h) -(l) below.(h) The area board shall have responsibility for the entire management and control of the property and affairs of the corporation and have the powers usually vested in the board of directors of a not-for-profit corporation, except as regulated herein. This shall be stated in a set of bylaws maintained and updated by the area board.(i) The area board shall include in its articles of incorporation and its bylaws a statement that, in the event of dissolution of the area agency or in the event that the agency is no longer designated as an area agency, disposal of all debts and obligations shall be provided for and ownership and possession of all assets and property obtained with funds granted by the department shall revert to the department so that the agency's assets can be redeployed on behalf of individuals.(j) The area board shall include in its bylaws a provision requiring rotation of area board membership so that 1/4 of the members' terms expire each year. Said rotation shall not result in all of the consumers' terms expiring in the same year.(k) The area board shall specify in its bylaws that the maximum consecutive period during which a board member may serve as an officer of the board shall not exceed 6 years.(l) The area board shall specify in its bylaws a procedure by which inactive members are removed from the area board.(m) The size and composition of the area board shall be as follows: (1) In all cases, the board of directors shall be composed of an uneven number of persons;(2) The number of persons serving as members shall be no fewer than 9 and no more than 25;(3) Consumers shall comprise at least 1/3 of the membership of the area board;(4) Members shall be representative of the agency's different consumer groups and entire area; and(5) Membership shall be open to all persons who reside in the area except for those excluded as follows: a. Persons or the spouses of persons who are under financial contract with the area agency or any organization that is a subsidiary or affiliate of the area agency shall not be eligible for membership on the area board;b. Employees or the spouses of employees of agencies that are under financial contract with the area agency shall not be eligible for membership on the area board;c. Employees or the spouses of employees of the area agency shall not be eligible for membership on the area board;d. Employees of the New Hampshire department of health and human services or their spouses shall not be eligible for membership on the area board; ande. Volunteer board members or the spouses of volunteer board members of agencies or programs under contract with the area agency shall be eligible for membership on the area board but shall comprise no more than 1/3 of the board.(n) The area board shall fill vacancies by soliciting interested persons to submit applications to the area board. Such solicitation shall be by conducting public meetings, placing public announcements in local media, and by any other means. The area board shall submit to the commissioner those applications that comply with these rules. The commissioner or his or her designee shall review and approve in writing those that comply with (m) (5) above and He-M 505.05(d) as qualified to sit on the board.(o) Pursuant to RSA 171-A:18, III, the area board shall appoint an executive director of the area agency. The executive director shall serve at the pleasure of the area board and as a full-time employee of the agency.(p) The executive director shall be selected, employed, and supervised by the area board in accordance with a published job description and a competitive application procedure pursuant to the area agency's personnel policies.(q) The executive director shall have the following experience qualifications, at a minimum: (1) Five years of administrative experience in human services;(2) If hired after the 2015 effective date of these rules, 4 years of experience in developmental services programs;(3) If hired before the 2015 effective date of these rules, 2 years of experience in developmental services programs; and(4) All or part of the developmental service experience may have been in the above administrative capacity.(r) The executive director shall demonstrate extensive knowledge of all aspects of the fields of developmental disabilities and acquired brain disorders, including knowledge of: (3) Community networking;(4) Business management; and(5) Financial and social resources.(s) The executive director's performance shall be evaluated annually by the area board to ensure that services are provided in accordance with the agency mission, area plan, and the department's rules, contract provisions, and mission.(t) Pursuant to RSA 171-A:18, V, the area board shall prepare and submit to the bureau an area plan for the provision of services to individuals in the area.(u) The area plan shall: (1) Clearly identify the extent to which the area agency has involved its consumers, the area family support council established pursuant to RSA 126-G:4, the general public residing in the area, and generic service agencies in the planning and provision of services for individuals;(2) Demonstrate that services proposed by the area agency are intended to establish and maintain a comprehensive service delivery system that is: a. Based on the nature and extent of the service needs of individuals and their care-giving families; andb. Consistent with RSA 171-A and the agency's and bureau's mission statements and priorities;(3) Be prepared for a 5-year period that coincides with the redesignation cycle identified in table 505-2;(4) Be submitted to the commissioner for approval pursuant to (v) below; and(5) Be reviewed by the area board every 2 years and may be amended by the area board at any time, with such amendments submitted to the commissioner for approval if: a. The area board proposes to change, discontinue, or expand services to individuals and their care giving families; orb. Amendment is necessary to reflect changes in area-wide consumer needs, legislation or in area demographics, vendors, or funding.(v) The commissioner or his or her designee shall review area plans and amendments to area plans submitted for approval pursuant to (u) (4) and (5) above and approve those plans or amendments that are determined to comply with the agency mission and department rules and applicable state and federal legislation.(w) The area agency shall be responsible for assuring that appropriate services are provided in accordance with RSA 171-A and the rules promulgated thereunder, including the following: (1) Coordination of application for services and eligibility determination process;(2) Service planning and coordination;(3) Service agreement development and monitoring;(4) Provision of services as prescribed in the service agreement;(5) Monitoring and safeguarding of rights; and(6) Annual assessment of satisfaction with, and review and continuous improvement of, quality of services.(x) The area agency shall utilize all applicable federal, third party, and other public and private sources of funds to carry out its mission and responsibilities.(y) The area agency shall not enter any merger, sale, affiliation or other substantial change in its corporate identity without the prior approval of the bureau administrator. The bureau administrator shall review any proposed merger, sale, affiliation or other substantial change in the corporate identity of an area agency. The bureau administrator shall approve such proposed changes if he or she determines that the resulting organization retains sole policy-making authority and responsibility for the area's services and such proposed changes ensure the agency can adequately carry out the responsibilities of an area agency, comply with the rules of the department, and are in the best interest of individuals residing in the area.(z) The services for which the area agency is responsible may be provided directly by the area agency or the area agency may, pursuant to RSA 171-A:18, II, enter into agreements with persons and organizations for the provision of designated services. The area agency shall not delegate its fiscal management responsibility to any person or organization. Any agreement involving department funds, including Medicaid, entered into by the area agency for the provision of services shall be approved by the commissioner pursuant to He-M 505.03(ab) . (aa) An area agency planning to enter into agreements pursuant to He-M 505.03(z) shall: (1) Notify the commissioner of such plans when the plans involve department-authorized funds; and(2) Include in said notice a description of services to be provided, payment schedules, and reporting requirements, and assurances that the participants in the agreements agree to comply with all pertinent state and federal requirements.(ab) The commissioner shall review the information submitted as described in (aa) above and approve those agreements that comply with department rules and applicable state and federal legislation.(ac) The area agency shall be responsible and accountable for all area agency services whether administered directly by the area agency or provided under contracts with persons or organizations. Monitoring and evaluation of all area agency services, whether administered directly or by contract, shall be conducted by the area agency with its findings and any remedial action taken reported to the area board.(ad) Services shall be operated in compliance with rules and contract requirements established by the department. Services shall also comply with the goals and priorities of the approved area plan.(ae) The department shall conduct announced or unannounced reviews of area agencies and audit area agencies at least every 5 years, including all or part of any services, finances, or operations of the area agency, whether operated directly by the area agency or through contracts with persons or organizations.N.H. Code Admin. R. He-M 505.03
#1647, eff 10-14-80; ss by #2020, eff 5-11-82; ss by #2678, eff 4-18-84; ss by #4667, eff 8-25-89; ss by #4729, eff 1-15-90, EXPIRED: 1-15-96
New. #6871, eff 10-21-98; amd by #8443, eff 1-1-06; amd by #8728, INTERIM, eff 10-21-06, EXPIRED: 4-19-07
New. #8928, eff 6-30-07
Amended by Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10916, Effective 8/26/2015, Expires8/26/2025.