Section He-E 802.01 - Definitions(a) "Activities of daily living (ADLs)" means the primary activities necessary to carry out daily self-care activities involving eating, toileting, transferring, bathing, dressing, and continence.(b) "Atypical services" means services provided by a nursing facility, or a distinct part of a nursing facility, which possesses the physical characteristics and appropriate staffing for, and devotes its services exclusively to, highly specialized care.(c) "Bed-hold" means the right of an individual to resume nursing facility residency after he or she has been away from the facility due to hospitalization or therapeutic leave.(d) "Bureau" means the bureau of elderly and adult services (BEAS) within the NH department of health and human services that administers programs that serve elderly and disabled adults.(e) "Centers for Medicare and Medicaid Services (CMS)" means the federal agency within the U.S. Department of Health and Human Services that administers the Medicare and Medicaid programs.(f) "Cognitive rehabilitation" means a program for brain-injured individuals that is designed to improve physical and cognitive abilities, decrease the disabling effects, and support behavioral stability, and social reintegration.(g) "Coma management" means a program provided for brain-injured individuals in order to increase their level of physical ability, maintain optimal health and nutrition, and, where possible, increase cognitive awareness.(h) "Department" means the New Hampshire department of health and human services.(i) "Discharge" means "discharge" as defined in RSA 151:19, I-a.(j) "Division of long term supports and services" means a division within the NH department of health and human services that administers long-term care and home and community based programs that serves chronically ill and disabled persons.(k) "Extensive specialized care" means specific therapies for the treatment of an individual experiencing an acute episode of behavioral symptoms that necessitates supervision by trained mental health professionals that is directed toward improving the resident's problematic behavioral symptoms.(l) "Institution for individuals with intellectual disabilities or persons with related conditions" means "institution for individuals with intellectual disabilities or persons with related conditions" as defined in 42 CFR 435.1010.(m) "Institution for mental diseases (IMD)" means "institution for mental diseases" as defined in 42 CFR 435.1010.(n) "Legal representative" means one of the following individuals, duly appointed or designated in the manner required by law to act on behalf of another individual, and who is acting within the scope of his/her authority: (2) A guardian or conservator;(3) An agent acting under a power of attorney;(4) An authorized representative acting on behalf of an applicant in some or all of the aspects of initial and continuing eligibility in accordance with He-W 603.01; or(5) A representative acting on behalf of another individual pursuant to RSA 161-I, Personal Care Services.(o) "Licensed practitioner" means: (2) Physician's assistant;(3) Advanced practice registered nurse (APRN);(4) Doctor of osteopathy;(5) Doctor of naturopathic medicine; or(6) Anyone else with diagnostic and prescriptive powers licensed by the appropriate New Hampshire licensing board.(p) "Long-term care" means those health-related services provided in a nursing facility that are above the level of room and board, but below the level of skilled care.(q) "Medical monitoring and nursing care" means clinical monitoring, provided on a daily basis by a licensed nurse, of disease processes that are currently being treated, including both stable and unstable conditions, in order to assess or supervise a chronic health problem, or assess episodes of acute illness, which might include monitoring of the effects of medication, or both.(r) "Medication administration" means provision of one or more doses of medication to a resident by a person qualified by law or rule to administer medication.(s) "Minimum data set (MDS)" means a current version, as specified by CMS, of a minimum set of screening and assessment elements, including common definitions and coding categories that form the foundation of the comprehensive assessment provided to all residents of facilities certified to participate in Medicare or Medicaid.(t) "Nursing facility (NF)" means an institution or a distinct part of an institution that is: (1) Participating in the Medicaid program;(2) Meeting the requirements of Section 1919 of the Social Security Act, 42 USC 1396r; (3) Not primarily an IMD or an institution for individuals with intellectual disabilities or persons with related conditions; and(4) Providing one or more of the following:a. Skilled nursing care and related services for residents who require medical or nursing care;b. Rehabilitative services for the rehabilitation of injured, disabled or sick individuals; orc. Health-related care and services to individuals who, because of their mental or physical condition, require care and services that are above the level of room and board, and that can be made available to them only through an institution.(u) "Rehabilitative services" means nursing interventions that:(1) Promote the resident's ability to adapt and adjust to living as independently and safely as possible;(2) Actively focus on achieving and maintaining optimal physical, mental and, psychosocial functioning; and(3) Include nursing interventions as set forth in the current version of the MDS.(v) "Reserved bed day" means a 24-hour period, midnight to midnight, when the resident of a nursing facility is not present during the midnight census at the conclusion of the day, and that is chargeable to Medicaid.(w) "Resident" means a person residing in a nursing facility.(x) "Self-administration" means an act whereby an individual administers his or her own medications.(y) "Skilled professional medical personnel" means "skilled professional medical personnel" as defined in RSA 151-E:3.(z) "Skilled nursing care" means those health related services, above the level of room and board, which meet the criteria used by the Medicare program for skilled nursing care, per 42 USC 1395i3. (aa) "Swing-bed" means a bed within a hospital or critical access hospital participating in Medicare that is approved by CMS at a skilled level of care.(ab) "Therapeutic leave" means one or more days when the resident is absent from the nursing facility for reasons stipulated in the resident's plan of care, but not for purposes of hospitalization or transfer to another facility.(ac) "Transfer" means "transfer" as defined in RSA 151:19, VII.N.H. Code Admin. R. He-E 802.01
#7751, eff 8-17-02, EXPIRED: 8-17-10
New. #9786, INTERIM, eff 9-20-10; ss by #9888-A, eff 3-19-11
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12741, Effective 3/20/2019, Expires 9/16/2019.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13130, Effective 10/30/2020, Expires 10/29/2030.