N.H. Admin. Code § He-P 601.13

Current through Register No. 45, November 7, 2024

Section He-P 601.13 - Representative

(a) The individual, his or her legal guardian, or a person granted power of attorney by the individual may designate a representative to act on the individual's behalf:

(1) When directing personal care services being provided; and

(2) Under the following conditions:

a. The persons named below shall not serve as representatives for purposes of personal care services:

1. The personal care worker providing the services;

2. The individual's case manager; and

3. Anyone having a financial relationship with any agency providing personal care services or intermediary services to the individual; and

b. The personal care representative shall be designated through a written document signed by the individual or his or her legal guardian or by the person granted power of attorney, and a witness, stating that:

1. The personal care representative's role only applies to decisions made regarding the personal care services described in this rule;

2. The appointment of a personal care representative can be revoked at any time by either party; and

3. The responsibilities of the personal care representative shall be to:

(i) Have weekly face-to-face contact with the individual and the personal care worker;

(ii) Have monthly contact with the CFI case manager concerning personal care services;

(iii) Ensure that the personal care worker is taking the individual's care preferences into consideration; and

(iv) Communicate concerns or satisfaction to the other qualified agency regarding the personal care worker, when appropriate.

(b) An OQA shall have written policies and procedures for:

(1) Verifying that each individual's representative meets department requirements;

(2) Obtaining from the individual or his or her guardian or his or her power of attorney the representative's name, address, telephone number, and scope of authority;

(3) Collecting and keeping current a copy of the written document, signed by the individual or his or her guardian or his or her power of attorney stating the information included in section (a)(2)b. above;

(4) Communicating with the individual's representative issues and their satisfaction with the personal care services being received by the individual; and

(5) Obtaining from the individual or his or her guardian or from his or her power of attorney any changes in representation within 30 days of the date that the change occurs and keeping this information current.

N.H. Admin. Code § He-P 601.13

(See Revision Notes # 1 and #2 at chapter heading for He-P 600) #9898-A, eff 3-29-11

Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13115, Effective 10/1/2020, Expires 10/1/2030