1. (a) Title XX services shall be terminated when:

   1. (1) The individual or his or her authorized representative requests that the services be terminated;
   2. (2) The individual no longer meets the eligibility requirements for Title XX services as described in He-E 501.05;
   3. (3) Funding for the service(s) is no longer available;
   4. (4) The individual did not reapply for services in accordance with He-E 501.09;
   5. (5) The individual relocates to a geographic area outside the catchment area area;
   6. (6) The individual relocates to an institutional setting excluding short-term respite care; or
   7. (7) The individual dies.

2. (b) If a provider wishes to terminate services for an eligible individual because the provider determines that the individual’s behavior or living environment creates a health or safety hazard for the provider’s staff, then:

   1. (1) The provider shall initiate an adult protective report in accordance with RSA 161-F: 46 and He-E 700;

   2. (2) If the provider wishes to terminate Title XX services for the reason described in (b) above, the provider shall:

      1. a. Forward to the department a written notification of the reasons for terminating services, including a summary of the efforts the provider has made to resolve the situation;
      2. b. Consult with department staff for assistance in determining possible remedies other than termination;
      3. c. Following consultation with department staff, document and report to the department the outcome of each additional effort made to resolve the situation;
      4. d. Notify the department of a final decision to terminate prior to distribution of the notice to the individual; and
      5. e. For individuals whose services are terminated in accordance with (a) above, document in the individual’s service record a description of the individual’s behavior(s) or living environment that created a health or safety hazard for the provider’s staff, as well as the provider’s attempts to continue to provide services; and
   3. (3) The provider shall send written notice to an individual as specified in He-E 501.10(c) below, within 5 business days of notifying the department as indicated in He-E 501.10(b)2.d.

3. (c) The notice of termination of services shall specify:

   1. (1) The service(s) to be terminated;
   2. (2) The reason(s) for terminating the service or services;
   3. (3) The date upon which the service(s) shall be terminated, which shall be 30 days from the date of the notice;
   4. (4) A statement that the individual has 30 calendar days from the date of the notice to request an administrative hearing with the department as described in He-E 501.11 and in accordance with He-C 200; and
   5. (5) The contact information for the department or provider staff member who completed the notice.

Source. #9849-A, eff 1-12-11, EXPIRED: 1-12-19 New. #12720, INTERIM, eff 1-29-19, EXPIRED: 7-29-19 New. #12936, eff 12-7-19