Section He-P 820.03 - Definitions(a) "Abuse" means any one of the following: (1) "Emotional abuse" means the misuse of power, authority, or both, verbal harassment, or confinement which results or could result in the mental anguish or emotional distress of a client;(2) "Physical abuse" means the misuse of physical force which results or could result in physical injury to a client; or(3) "Sexual abuse" means contact or interaction of a sexual nature involving a client with or without his or her informed consent.(b) "Activities of daily living (ADL)" means basic daily routine tasks such as eating, transferring, toileting, bathing, dressing, and medication management.(c) "Administrative remedy" means a corrective action imposed upon a registrant in response to non-compliance with RSA 151 or He-P 820.(d) "Applicant" means an individual who is seeking a "registration certificate" in order to operate as a registered individual home care service provider under RSA 151:2-b, V.(e) "Area of non-compliance" means any action, failure to act, or other set of circumstances that cause a registrant to be out of compliance with RSA 151, He-P 820, or other federal or state requirements.(f) "Client" means any person receiving services from an individual who is registered in accordance with RSA 151 and He-P 820.(g) "Client rights" means the privileges and responsibilities possessed by each client provided by RSA 151:21-b.(h) "Commissioner" means the commissioner of the New Hampshire department of health and human services, or his or her designee.(i) "Days" means calendar days unless otherwise specified in the rule.(j) "Department" means the New Hampshire department of health and human services at 129 Pleasant Street, Concord, NH 03301.(k) "Enforcement action" means the imposition of an administrative fine, the denial of an application, or the revocation, or suspension of a license in response to non-compliance with RSA 151 or He-P 820.(l) "Exploitation" means the illegal use of a client's person or property for another person's profit or advantage, or the breach of a fiduciary relationship through the use of a person or person's property for any purpose not in the proper and lawful execution of a trust, including, but not limited to, situations where a person obtains money, property, or services from a client through the use of undue influence, harassment, duress, deception, or fraud.(m) "Health support services" means non-medical supportive services that can be taught to the IHCSP by a client or caregiver, and do not require the skills of a licensed individual.(n) "Homemaker" means an individual whose scope of services is limited to providing homemaker services as reflected on the registration certificate.(o) "Homemaker services" means non-medical services that are of a supportive nature that do not require hands-on contact with a client other than to maintain the client's safety. Such services include, but are not limited to, laundry, housecleaning, cooking, transporting to and from medical or other appointments, shopping, and companion services.(p) "Individual home care service provider (IHCSP)" means "individual homecare service provider" as defined in RSA 151:2-b, V, namely "any individual not employed by a home health care provider licensed under RSA 151:2, I(b) who solicits and provides health support services, personal care services, or homemaker services for compensation to clients in their places of residence; provided that the client is not a family member." This term includes a registered individual home care service provider under RSA 151:2, V.(q) "Investigation" means the process followed by the department to respond to allegations pursuant to RSA 151:6 of non-compliance with RSA 151 and He-P 820.(r) "Neglect" means an act or omission which results, or could result, in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of a client.(s) "Personal care services" means non-medical, hands-on services provided to a client, including, but not limited to, helping with activities of daily living such as grooming, toileting, eating, dressing, bathing, getting into or out of a bed or chair, walking, or reminding the client to take medications.(t) "Registration" means the mandatory requirement established by RSA 151:9-a, XII, that an individual shall give notice to the department that he or she plans to solicit and provide personal care services or homemaker services for compensation. The "registration" is certified on a document called a "registration certificate" that authorizes the individual to provide these services for compensation.(u) "Registration certificate" means the document issued by the department to an applicant or registrant that includes the name of the registrant and his or her physical address, the effective date and the registration number, any waivers granted to the registrant, upon renewal of a registration the new effective date of the registration, and at the registrant's option, the registrant's business name.(v) "Solicit" or "solicits" means to advertise through any channel of communication, including, but not limited to audio, video, print, or electronic media, or by word of mouth as an individual home care service provider as defined in RSA 151:2-b, V, and He-P 820, or to actively seek or request compensation for providing individual home care services to a client as defined in RSA 151:2-b, V, and He-P 820.N.H. Admin. Code § He-P 820.03
#10013, eff 10-22-11; ss by #10206, eff 10-20-12
Amended by Number 6, Filed February 9, 2023, Proposed by #13531, Effective 1/25/2023, Expires 1/25/2033.