The words and phrases used in this chapter shall have the following meanings:

1. (a) “Acquired brain disorder” means a disruption in brain functioning that:

   1. (1) Is not congenital or caused by birth trauma;
   2. (2) Presents a severe and life-long disabling condition which significantly impairs a person's ability to function in society;
   3. (3) Occurs prior to age 60;

   4. (4) Is attributable to one or more of the following reasons:

      1. a. External trauma to the brain as a result of:

         1. 1. A motor vehicle incident;
         2. 2. A fall;
         3. 3. An assault; or
         4. 4. Another related traumatic incident or occurrence;

      2. b. Anoxic or hypoxic injury to the brain such as from:

         1. 1. Cardiopulmonary arrest;
         2. 2. Carbon monoxide poisoning;
         3. 3. Airway obstruction;
         4. 4. Hemorrhage; or
         5. 5. Near drowning;
      3. c. Infectious diseases such as encephalitis and meningitis;
      4. d. Brain tumor;
      5. e. Intracranial surgery;
      6. f. Cerebrovascular disruption such as a stroke;
      7. g. Toxic exposure; or
      8. h. Other neurological disorders, such as Huntington's disease or multiple sclerosis, which predominantly affect the central nervous system resulting in diminished cognitive functioning and ability; and

   5. (5) Is manifested by one or more of the following:

      1. a. Significant decline in cognitive functioning and ability; or

      2. b. Deterioration in:

         1. 1. Personality;
         2. 2. Impulse control;
         3. 3. Judgment;
         4. 4. Modulation of mood; or
         5. 5. Awareness of deficits;
2. (b) “Agency residence” means a residence operated by staff of a provider agency;
3. (c) “Area agency” means “area agency” as defined in RSA 171-A:2, I-b;

4. (d) “Behavioral change program” means a written plan, protocol, or procedure that outlines strategies including, but not limited to:

   1. (1) Physical environment modifications;
   2. (2) Restrictive strategies;
   3. (3) Use of monitoring devices; or
   4. (4) Other strategies for altering behavior;
5. (e) “Bureau” means the bureau of developmental services of the department of health and human services;
6. (f) “Bureau administrator” means the chief administrator of the bureau of developmental services;
7. (g) “Certificate holder” means the provider agency in whose name a community residence’s certification is issued;
8. (h) “Certification” means the written approval by the department’s office of legal and regulatory services, for the operation of a community residence in accordance with He-M 1001;
9. (i) “Commissioner” means the commissioner of the New Hampshire department of health and human services or their designee;

10. (j) “Community residence” means either an agency residence or family residence, exclusive of any independent living arrangement, that:

    1. (1) Provides residential services for at least one individual with a developmental disability in accordance with He-M 503, or an acquired brain disorder in accordance with He-M 522;
    2. (2) Provides services and supervision for an individual on a daily and ongoing basis, both in the home and in the community, unless the individual’s service agreement states that the individual may be without supervision for specified periods of time;
    3. (3) Serves individuals whose services are funded by the department; and
    4. (4) Is certified pursuant to He-M 1001;
11. (k) “Days” means calendar days unless otherwise specified;
12. (l) “Department” means the New Hampshire department of health and human services;
13. (m) “Developmental disability” means "developmental disability" as defined in RSA 171-A:2, V, namely, "a disability:
14. (a) Which is attributable to an intellectual disability, cerebral palsy, epilepsy, autism, or a specific learning disability, or any other condition of an individual found to be closely related to an intellectual disability as it refers to general intellectual functioning or impairment in adaptive behavior or requires treatment similar to that required for persons with an intellectual disability; and
15. (b) Which originates before such individual attains age 22, has continued or can be expected to continue indefinitely, and constitutes a severe disability to such individual's ability to function normally in society.";
16. (n) “Emergency” means an unexpected occurrence or set of circumstances in an individual's life which consists of, culminates in, or has resulted from serious physical or psychological injury, or both, and requires immediate remedial attention;

17. (o) “Family residence” means a community residence operated:

    1. (1) Exclusively by a person or family residing therein; and
    2. (2) Under contract with a provider agency;
18. (p) “Health assessment” means an evaluation of an individual’s health status done by a physician or other licensed practitioner for the purpose of making recommendations regarding strategies for promoting and maintaining optimum health;
19. (q) “Independent living arrangement” means a situation where an individual does not receive daily and ongoing services and supervision but receives assistance, as needed, to maintain or develop skills to live independently and prevent circumstances that could necessitate more intrusive and costly services;
20. (r) “Individual” means a person with a developmental disability or acquired brain disorder;
21. (s) “License” means the written approval from the department of health and human services issued in accordance with either RSA 151 or RSA 170-E;
22. (t) “Licensed practitioner” means a medical doctor, dentist, physician’s assistant, advanced practice registered nurse, doctor of osteopathy, or doctor of naturopathic medicine;
23. (u) “Nurse trainer” means a registered nurse who has been designated as a trainer pursuant to He-M 1201.10;
24. (v) “Provider” means a person receiving any form of remuneration for the provision of services to an individual;
25. (w) “Provider agency” means an agency or an independent provider that is established to provide services to individuals and meets the criteria in He-M 504;
26. (x) “Residence administrator” means a person designated by a provider agency who has the authority to oversee the operation of a community residence;
27. (y) “Service agreement” means a written agreement between an individual, guardian, or representative, and provider agency(ies) that is prepared as a result of a person-centered service planning process and that describes the services that the individual will receive and constitutes an individual service agreement as defined in RSA 171-A:2, X and developed pursuant to He-M 503 or He-M 522;
28. (z) “Service coordinator” means a provider who meets the criteria in He-M 503.08or He-M 522.09 and is chosen by an individual and their guardian or representative to organize, facilitate, and document service planning, and to negotiate and monitor the provision of the individual's services;
29. (aa) “Staff” means a person(s) employed by a provider agency, subcontract agency, or other employer;
30. (ab) “Supervision” means when a provider is physically present and able to assist an individual in the home and community; and
31. (ac) “Team” means a service coordinator, individual, guardian, if applicable, and others invited by the individual to participate in the service planning and review meetings.

Source. (See Revision Note at part heading for He-M 1001) #5867, eff 9-1-94, EXPIRED: 9-1-00; amd by #6582, eff 9-19-97 New. #7681, eff 4-23-02; ss by #9696, INTERIM, eff 4-23-10, EXPIRES: 10-20-10; ss by #9776-A, eff 10-1-10, EXPIRED: 10-1-18 New. #12650, INTERIM, eff 10-24-18, EXPIRED: 4-22-19 New. #12775, eff 5-7-19; ss by #14255, eff 5-23-25, EXPIRES: 5-23-35