1. (a) “Abuse” means “abuse” as defined in RSA 161-F:43, II namely “any one of the following:
2. (a) "Emotional abuse" means the misuse of power, authority, or both, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of a vulnerable adult.
3. (b) "Physical abuse" means the use of physical force which results or could result in physical injury to a vulnerable adult.
4. (c) "Sexual abuse" means contact or interaction of a sexual nature involving a vulnerable adult without his or her informed consent.”
5. (b) “Adult day facility” means a facility licensed in accordance with He-P 818 and RSA 151:2, I(f).
6. (c) “Adult family care” means participant housing option for eligible participants under the choices for independence (CFI) waiver program, which includes a combination of personal care, homemaking, and other services that are provided to a participant who is a resident in a certified residence of an unrelated individual or the CFI waiver participant’s relative in accordance with a person-centered plan.
7. (d) “Applicant” means any person who requests services pursuant to He-E 801.
8. (e) “Attorney” means a member of the New Hampshire bar association retained, employed, or appointed by a court to represent a participant.
9. (f) “Authorized representative” means an individual acting on behalf of the casehead in some or all of the aspects of initial and continuing eligibility.
10. (g) “Case management agency” means an agency licensed pursuant to RSA 151:2-b and He-P 819 and enrolled as a New Hampshire medicaid provider to provide targeted case management services to CFI participants in accordance with He-E 805.
11. (h) “Coercion” means an act by an employee, contractor, consultant, or volunteer of a service provider which is designed to compel a participant to act in clear opposition to the preference of the participant, excluding requirements otherwise prescribed by law or rule.

12. (i) “Comprehensive care plan” means an individualized person-centered plan described in He-E 805.05(c) that is:

    1. (1) The result of a person-centered process that identifies the strengths, capacities, preferences, and desired outcomes of the participant;
    2. (2) Developed by the participant’s case manager in collaboration with the participant, the participant’s guardian, and the participant’s legal representative if any;
    3. (3) Written by the case manager; and
    4. (4) Is an integrated plan of all the participant’s services.
13. (j) “Department” means the New Hampshire department of health and human services.
14. (k) “Exploitation” means “exploitation” as defined in RSA 161-F:43, IV namely “the illegal use of a vulnerable adult’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 vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud.”
15. (l) “Grievance” means an expression of dissatisfaction or complaint on behalf of a participant related to the department’s administration of CFI or a provider’s performance of CFI services regardless of whether remedial action is requested.
16. (m) “Guardian” means a person appointed under RSA 464-A.

17. (n) “Informed decision” means a choice made voluntarily by a participant receiving services or an applicant for services or, where appropriate, such participant's guardian or legal representative, after all relevant information necessary to making the choice has been provided, when:

    1. (1) The participant understands that the participant is free to choose or refuse any available alternative;
    2. (2) The participant indicates or expresses the participant’s choice; and
    3. (3) The choice is free from all coercion.
18. (o) “Legal representative” means “legal representative” as defined in RSA 161-F:11, VII namely “any individual, duly appointed or designated in the manner required by law to act on behalf of another individual including:
19. (a) An attorney.
20. (b) A guardian or conservator.
21. (c) An agent acting pursuant to a power of attorney.”
22. (p) “Neglect" means “neglect” as defined in RSA 161-F:43, III, namely “an act or omission which results or could result in the deprivation of essential services necessary to maintain the minimum mental, emotional or physical health and safety of a vulnerable adult.”
23. (q) “Participant” means an individual receiving CFI services. For the purposes of this part, participant shall include an individual who has applied for CFI services.
24. (r) “Person-centered” means a process for planning and supporting the participant receiving services that builds upon the participant’s capacity to engage in activities that promote community life, and honors the participant’s preferences, choices, and abilities, and which involves families, friends, and professionals as the participant desires or requires.

25. (s) “Prescribing practitioner” means a licensed professional with prescriptive authority, including the following:

    1. (1) Physician;
    2. (2) Advance practice registered nurse;
    3. (3) Dentist;
    4. (4) Physician's assistant;
    5. (5) Optometrist; and
    6. (6) Podiatrist.
26. (t) “Provider” means an individual or entity providing one or more CFI covered services.

27. (u) “Provider care plan” means a written guide that:

    1. (1) Is developed by the provider in consultation with the participant, the participant’s legal representative, if any, or both, and the participant’s primary care provider, if applicable;
    2. (2) Is developed as a result of an assessment process which includes communication with the participant’s case manager;
    3. (3) Is consistent with and addresses the applicable service needs identified in the participant’s comprehensive care plan; and
    4. (4) Contains specific instructions on providing a defined service to the participant.
28. (v) “Quality coordinator” means an individual employed by BAAS as a quality coordinator or a designee of the quality coordinator.
29. (w) “Residential care facility” means “residential care facility” as defined in RSA 151-E:2, VIII namely “a facility, including a supported residential care facility, which provides services to 2 or more individuals, beyond room and board care, in a residential setting, as an alternative to nursing facility care, which offers residents home-like living arrangements, social, health, or medical services, including but not limited to, medical or nursing supervision, or medical care or treatment by appropriately trained or licensed individuals, assistance in daily living, or protective care. “Residential care facility” shall also include a facility certified in accordance with RSA 151:9 VIII.”
30. (x) “Residential services agreement” means a required agreement between a residential care facility and a participant pursuant to RSA 161-J:4.
31. (y) “Service” means any evaluation, training, counseling, therapy, habilitation, service coordination, or other type of assistance provided by a provider agency.
32. (z) “Standard disclosure summary” means information that a residential care facility provides to a prospective resident regarding the costs and services options provided by the residential care facility pursuant to He-E 605.04.

33. (aa) “Systemic factors” means internal policies and processes that influence the department’s operations and effectiveness, including:

    1. (1) Practices regarding hiring, training, and managing employees;
    2. (2) Practices to assure quality of services and consumer satisfaction;
    3. (3) Practices to assure accurate fiscal management; and
    4. (4) Governmental regulations regarding licensing, funding, and service provision.
34. (ab) “Treatment” means medical care provided by a prescribing practitioner.

Source. #14058, eff 8-20-24