Section He-M 522.17 - Termination of Services(a) Any person may make a recommendation for termination of service(s) to an individual. Any such recommendation shall be made in writing to the area agency director.(b) If termination of services is being considered, the service coordinator shall meet with the individual or guardian, or both, to discuss the reasons for the recommended termination.(c) A recommendation for termination shall be based on any of the following: (1) The individual does not require such service(s);(2) Services are no longer necessary because they have been replaced by other supports or services; or(3) The individual no longer meets eligibility under He-M 522.03 or He-M 517.03.(d) Within 10 business days of receipt of a recommendation for termination of services, an area agency director shall cause a meeting of the service coordinator, the individual or guardian, or both, and the service provider(s) to be convened to review the request. The purpose of the meeting shall be to determine if any of the criteria listed in (c) above apply to the individual.(e) Based on the information presented and determinations made at the meeting, the service coordinator shall prepare a written report for the area agency director that sets forth one of the following: (1) A statement of concurrence with the recommendation for termination;(2) A recommendation for continuance; or(3) Changes to the individual's service agreement.(f) The area agency director shall make the final decision regarding termination based on the criteria listed in (c) above.(g) If a decision is made to terminate services pursuant to (f) above, the area agency director shall, within 30 days of the decision, send a termination notice to the individual or guardian outlining a 12 month phase out period. Service may be terminated sooner with the consent of the individual or guardian. The individual or guardian may appeal the termination decision in accordance with He-C 200.(h) In each termination notice the area agency shall provide information on the reason for termination, the right to appeal, and the process for appealing the decision, including the names, addresses, and phone numbers of the office of client and legal services of the bureau and advocacy organizations, such as the New Hampshire Disabilities Rights Center, which the individual or guardian may contact for assistance in appealing the decision.(i) An individual whose services have been terminated may request resumption of services if he or she believes that the reasons for the termination of services no longer apply. Such a request shall be made by the individual or guardian, in writing, to the area agency director.(j) Upon request of the individual or guardian, the area agency director shall resume services to an individual whose services have been terminated if the criteria in (c) above no longer apply, to the extent that funds for this purpose are available and appropriated to the bureau by the Legislature.(k) Individuals who have been terminated pursuant to (c) (3) above and request resumption of services shall reapply in accordance with He-M 522.04.N.H. Code Admin. R. He-M 522.17
#9734, eff 6-25-10 (from He-M 522.13 )
The amended version of this section by New Hampshire Register Volume 38, Number 50, eff. 11/30/2018 is not yet available.