N.H. Code Admin. R. He-E 501.10

Current through Register No. 25, June 20, 2024
Section He-E 501.10 - Termination of Services
(a) Title XX services shall be terminated when:
(1) The individual or his or her authorized representative requests that the services be terminated;
(2) The individual no longer meets the eligibility requirements for Title XX services as described in He-E 501.05;
(3) Funding for the service(s) is no longer available;
(4) The individual did not reapply for services in accordance with He-E 501.09;
(5) The individual relocates to a geographic area outside the catchment area area;
(6) The individual relocates to an institutional setting excluding short-term respite care; or
(7) The individual dies.
(b) If a provider wishes to terminate services for an eligible individual because the provider determines that the individual's behavior or living environment creates a health or safety hazard for the provider's staff, then:
(1) The provider shall initiate an adult protective report in accordance with RSA 161-F: 46 and He-E 700;
(2) If the provider wishes to terminate Title XX services for the reason described in (b) above, the provider shall:
a. Forward to the department a written notification of the reasons for terminating services, including a summary of the efforts the provider has made to resolve the situation;
b. Consult with department staff for assistance in determining possible remedies other than termination;
c. Following consultation with department staff, document and report to the department the outcome of each additional effort made to resolve the situation;
d. Notify the department of a final decision to terminate prior to distribution of the notice to the individual; and
e. For individuals whose services are terminated in accordance with (a) above, document in the individual's service record a description of the individual's behavior(s) or living environment that created a health or safety hazard for the provider's staff, as well as the provider's attempts to continue to provide services; and
(3) The provider shall send written notice to an individual as specified in He-E 501.10(c) below, within 5 business days of notifying the department as indicated in He-E 501.10(b) 2.d.
(c) The notice of termination of services shall specify:
(1) The service(s) to be terminated;
(2) The reason(s) for terminating the service or services;
(3) The date upon which the service(s) shall be terminated, which shall be 30 days from the date of the notice;
(4) A statement that the individual has 30 calendar days from the date of the notice to request an administrative hearing with the department as described in He-E 501.11 and in accordance with He-C 200; and
(5) The contact information for the department or provider staff member who completed the notice.

N.H. Code Admin. R. He-E 501.10

#9849-A, eff 1-12-11

Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12720, Effective 1/29/2019, Expires 7/29/2019.
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by # 12936, Effective 12/7/2019, Expires 12/7/2029.