N.H. Code Admin. R. He-E 502.11

Current through Register No. 25, June 20, 2024

Section He-E 502.11 - Contract Agency Requirements

(a) Agencies wishing to provide Title III services shall be under contract with BEAS to provide such service(s).

(b) Contract agencies shall:

(1) Comply with all provisions included in the contract with BEAS;

(2) Determine eligibility for individuals requesting service and comply with notification and other documentation requirements as described in these rules;

(3) Target outreach and direct services toward one or more of the goals contained in 45 CFR 1321 and 42 U.S.C. 3001 with emphasis placed on serving the groups of individuals described in He-E 502.01(b)(1)-(7);

(4) Develop person-centered plans as described in He-E 502.17 that encourage the full participation of the individual or his or her authorized representative(s) in the service planning and decision making process;

(5) Coordinate and monitor the provision of services as described in the person-centered plan to ensure there is no duplication of Title III or other services being provided to the individual;

(6) Comply with and make available to BEAS upon request any licensing or certification requirements required by applicable federal, state, or local laws or rules;

(7) Maintain the insurance coverage required by applicable state or local laws or rules, and provide written proof of such insurance coverage to BEAS;

(8) Identify an executive director or designee who will oversee the services provided by the contract agency;

(9) Identify staff who will complete the responsibilities contained in this rule for the service(s) being provided;

(10) Train and supervise contract agency staff and volunteers on the following:

a. The contract agency's policies and procedures;

b. The specific Title III services the staff or volunteer will be providing; and

c. Any additional training requirements contained in applicable federal or state laws or rules;

(11) Comply with all contract requirements regarding the provision of communication access to individuals who are requesting or receiving services covered under this rule;

(12) Develop procedures for staff responses to emergencies;

(13) Unless otherwise prohibited by law, develop procedures for reporting suspected abuse, neglect, self-neglect, or exploitation of incapacitated adults as required by RSA 161-F:46 of the adult protection law;

(14) Comply with the provisions of RSA 161-F:49 with regard to checking the names of prospective or current employees, volunteers, or subcontractors against the BEAS state registry;

(15) Have an established written complaint and incident process that may be accessed by individuals, family members, or authorized representatives when an individual is denied services or dissatisfied with the services provided by the contract agency, including:

a. The name or position of the contract agency staff member who coordinates the complaint and incident process;

b. The issues that may be addressed through the complaint and incident process;

c. How individuals are informed of their right to file a complaint or incident report;

d. The procedures to be followed by individuals who wish to file a complaint or incident report with the contract agency;

e. The procedures to be followed by the contract agency when reviewing complaints or incidents, and for notifying the individual of the outcome of the review; and

f. Information stating that the availability of the complaint and incident process from the contract agency shall not cancel the right of an individual who is denied Title III services to request an informal resolution or appeal in accordance with He-E 502.10 and He-C 200;

(16) Provide information to BEAS when requested regarding individuals receiving services, except for services provided under He-E 502.25 Legal Services;

(17) Comply with all BEAS service authorization practices and submit claims for payment in accordance with He-E 502.14;

(18) Comply with all BEAS reimbursement practices and maintain financial records to fully support each claim billed for services;

(19) Maintain service records in accordance with He-E 502.15 for the specific Title III service(s) being provided;

(20) Submit fiscal reports to BEAS on a semiannual basis;

(21) Submit information on the wait list in accordance with He-E 502.13;

(22) Engage in monitoring and evaluating the quality of the services being provided, which shall include:

a. Obtaining feedback from the individual or his or her authorized representative or from family members as applicable;

b. Participating in any quality assurance measures implemented by BEAS; and

c. Making changes as necessary to improve the quality and effectiveness of service delivery; and

(23) When providing nutrition services: home-delivered meals:

a. Be in compliance with federal, state, and local regulations for food safety, meal preparation, and delivery;

b. Employ staff or subcontract with another entity to prepare and deliver meals in accordance with the regulations in a. above;

c. Demonstrate on a quarterly basis that meals are in compliance with the dietary requirements contained in He-E 502.29 by providing BEAS with menus which are signed by a registered dietitian or another professional with comparable expertise;

d. Ensure that contract agency staff:

1. Has direct contemporaneous contact with each individual; and

2. Reports any observations of unusual circumstances to the designated contract agency supervisor or, in the case of an emergency, calls emergency personnel; and

e. Keep a record of the number of meals authorized for the individual, the scheduled days of delivery, and the number of meals served.

N.H. Code Admin. R. He-E 502.11

(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