1. (a) PCS shall be documented in the provider care plan and covered when provided for non-acute needs by employees of:

   1. (1) Home health care providers licensed in accordance with RSA 151:2 and He-P 809;
   2. (2) Home care service providers licensed in accordance with RSA 151:2 and He-P 822; or
   3. (3) Other qualified agencies certified in accordance with RSA 161-I and He-P 601.

2. (b) Covered personal care services shall include the following services:

   1. (1) Hands-on assistance with the ADLs or IADLs or cuing a participant to perform a task;
   2. (2) Assisting the participant with eating;

   3. (3) Under the direction of the participant, assistance with self-administration of oral or topical medication as prescribed, including:

      1. a. Reminding the participant regarding the timing and dosage of the medication, and to take his or her medication as written on the medication container;
      2. b. Placing the medication container within reach of the participant;
      3. c. Assisting the participant with opening the medication container;
      4. d. Assisting the participant by steadying shaking hands; and
      5. e. Observing the participant take the medication and recording the same in the participant’s record;

   4. (4) Accompanying the participant in the community when:

      1. a. The assistance of the personal care worker is required by the participant ; and
      2. b. The need for re-direction or direct assistance, or both, is required;
   5. (5) When non-medical transportation services are authorized, hands-on assistance at the authorized destination when the provider care plan documents that this assistance is required at the destination;

   6. (6) General household tasks, limited to the following:

      1. a. Laundering the participant’s personal clothing items, towels, and bedding;
      2. b. Light cleaning limited to the participant’s bedroom, bathroom, mobility and medical devices, and common living spaces;
      3. c. Light cleaning of the kitchen, entry way areas, and common living spaces, to maintain a safe environment for the participant;
      4. d. Errands for necessary tasks identified in the provider care plan;
      5. e. Preparing meals and snacks for CFI participants including cleaning the food preparation area after the food is served; and
   7. (7) Care, grooming, or feeding of service animals as defined in 28 CFR 35.104, or assistance animals as defined by the U.S Department of Housing & Urban Development’s “Office of Fair Housing & Equal Opportunity Notice: FHEO-2020-01” (January 2020), available as noted in Appendix A.

3. (c) Personal care services shall not be covered:

   1. (1) For the purpose of transportation only, when no other assistance is required;

   2. (2) When provided in any of the following settings:

      1. a. A residential care facility;
      2. b. A hospital;
      3. c. A nursing facility;
      4. d. A rehabilitation facility;
      5. e. An adult family care home; and
      6. f. An adult day care; and

   3. (3) When provided by any of the following individuals:

      1. a. The participant’s personal care services representative, designated in accordance with (d) and (e) below;
      2. b. The participant’s agent acting under a designated power of attorney pursuant to RSA 564-E; or
      3. c. The participant’s legal guardian.

4. (d) The participant, his or her legal guardian, or a person granted authority under a power of attorney of the participant may designate a PCS representative to act on the participant’s behalf:

   1. (1) To direct the PCS being provided; and

   2. (2) Under the following conditions:

      1. a. The following persons shall not serve as a PCS representative for purposes of directing personal care services:

         1. 1. The personal care worker providing services;
         2. 2. The participant’s case manager; and
         3. 3. Anyone having a financial relationship with any agency providing personal care services or intermediary services, as defined in RSA 161-I:2, VII, to the participant;

      2. b. The PCS representative shall be designated through a written document, stating that:

         1. 1. The PCS representative’s role applies only to decisions made regarding the personal care services described in this section;
         2. 2. The appointment of a PCS representative may be revoked by the participant at any time; and

         3. 3. The responsibilities of the PCS representative shall be to:

            1. (i) At a minimum, have weekly face-to-face contact with the participant and the personal care worker;
            2. (ii) At a minimum, have monthly contact with the participant’s case manager concerning PCS;
            3. (iii) Ensure that the personal care worker is taking the participant’s care preferences into consideration; and
            4. (iv) Communicate concerns or satisfaction to the provider agency that employs that personal care worker; and
      3. c. The written document designating the PCS representative shall be signed by the participant or his or her legal guardian or by the person granted authority under a power of attorney and a witness and be maintained by the provider agency.

5. (e) When a PCS representative is designated, the participant, his or her guardian, or the person granted authority under a power of attorney shall:

   1. (1) Notify the provider agency in writing of the PCS representative’s name and scope of authority; and
   2. (2) Notify the provider agency in writing of any changes in representation within 30 days of the date that the change occurs.

Source. (See Revision Note at part heading for He-E 801) #9969, eff 8-8-11; ss by #12830, INTERIM, eff 8-7-19, EXPIRED: 2-3-20 New. #13340, eff 1-29-22 (formerly He-E 801.22)