N.H. Code Admin. R. He-E 502.09

Current through Register No. 25, June 20, 2024

Section He-E 502.09 - Termination or Significant Alteration of Services

(a) "Significant alteration" means a closure, location change, or other change that restricts access to services.

(b) Title III services shall be terminated when:

(1) The individual no longer meets the eligibility requirements for Title III services as described in He-E 502.05;

(2) Funding for the service(s) is no longer available;

(3) The individual no longer requires the service(s);

(4) The individual or his or her authorized representative requests that the service(s) be terminated;

(5) The individual relocates to a geographical area outside the service delivery area or to an institutional setting;

(6) The contract agency's contract to provide services is terminated; or

(7) The individual expires.

(c) The individual or his or her authorized representative shall be notified in writing by the contract agency when the following services are terminated pursuant to (a)(1)-(6) above:

(1) Adult day program services;

(2) Adult in-home care services;

(3) Home health aide services;

(4) Homemaker services;

(5) Nursing services; and

(6) Nutrition services: home delivered meals.

(d) The notice of termination shall specify:

(1) The service(s) to be terminated;

(2) The reason(s) for terminating the service(s);

(3) The date upon which the service(s) shall be terminated which shall be 30 calendar days from the date of the notice, unless a request for an informal resolution or appeal has been filed as described in He-E 502.10; and

(4) The contact information for the contract agency staff member who completed the notice.

(e) The contract agency shall keep a copy of the termination in the individual's service record.

(f) The contract agency shall make a notation in the individual's service record when the individual or his or her authorized representative elects to terminate services.

(g) The contract agency shall send written notice to BEAS when services are terminated for individuals receiving the following Title III service authorized services:

(1) Adult day program services;

(2) Adult in-home care services;

(3) Home health aide services;

(4) Homemaker services;

(5) Nutrition services: congregate meals, and

(6) Nutrition services: home delivered meals.

(h) The contract agency shall keep a copy of the notice sent in (f) above in the individual's service record.

(i) If a contract agency wishes to terminate services to an eligible individual who is currently receiving services because the contract agency determines that the individual's behavior or living environment creates a health or safety hazard for contract agency staff, then:

(1) The contract agency shall:

a. Consult with BEAS staff for assistance in determining possible remedies other than termination;

b. Following consultation with BEAS, document and report to BEAS the outcome of each additional effort made to resolve the situation;

c. Send BEAS written notification of a final decision to terminate including a summary of the efforts the contract agency has made to resolve the situation prior to sending the termination notice to the individual; and

d. 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 contract agency staff, as well as the contract agency's attempts to continue to provide services; and

(2) The contract agency shall send written notice to an individual within 5 business days of notifying BEAS in (1)d. above.

(3) When an individual's behavior or living environment presented a perceived imminent danger to contract agency staff or a contract agency volunteer, the contract agency may choose to temporarily suspend service until the requirements in (i)(1) above can be met.

(j) The individual or the individual's authorized representative shall be notified when the following services are significantly altered:

(1) Adult day program services;

(2) Adult in-home care services;

(3) Home health aide services;

(4) Homemaker services;

(5) Nursing services; and

(6) Nutrition services: home delivered meals.

(k) The notice of significant alteration shall specify:

(1) The service(s) to be significantly altered;

(2) The reason(s) for the significant alteration;

(3) The date upon which the service(s) shall be significantly altered; and

(4) The contact information for the contract agency staff member who completed the notice.

N.H. Code Admin. R. He-E 502.09

(See Revision Note at part heading for He-E 502) #10530, eff 2-28-14

Amended by Volume XLII Number 14, Filed April 7, 2022, Proposed by #13354, Effective 3/19/2022, Expires 3/19/2032