N.H. Code Admin. R. He-M 403.02
Definitions
Effective Apr 3, 2018#4195, eff 1-1-87, EXPIRED: 1-1-93 New. #6816, eff 7-25-98, EXPIRED: 7-25-06 New. #8716, INTERIM, eff 9-6-06, EXPIRED: 3-5-07 New. #9533, eff 9-1-09, EXPIRED: 9-1-17 New. #12388, INTERIM, eff 9-23-17, EXPIRED: 3-22-18 New. #12522, eff 4-3-18Former Division of Mental Health and Developmental Services
- (a) “Advisory board” means the governing body of a governmental community mental health program (CMHP).
- (b) “Applicant” means a city, town, county, or nonprofit corporation that has submitted the required materials to the bureau for consideration for approval as a CMHP.
- (c) “Approval” means a written decision by the administrator that an applicant has been determined to be in compliance with the eligibility requirements set forth in He-M 403 and has been approved as a CMHP for the region.
- (d) “Area agency” means “area agency” as defined in RSA 171-A:2, I-b.
- (e) “Board of directors” means the governing body of a nongovernmental CMHP. The term includes board.
- (f) “Bureau” means the bureau of mental health services of the department of health and human services.
- (g) “Commissioner” means the commissioner of the department of health and human services.
- (h) “Community mental health program (CMHP)” means a program operated by the state, city, town, or county, or a community based New Hampshire nonprofit corporation for the purpose of planning, establishing, and administering an array of community-based, mental health services pursuant to He-M 403 and as defined in RSA 135-C:2, IV.
- (i) “Conditional reapproval” means a written ruling by the administrator that a CMHP has partially complied with the reapproval criteria listed in He-M 403.09 and that continued approval is contingent upon fulfilling certain requirements determined by the administrator.
(j) “Developmental disability” means “developmental disability” as defined in RSA 171-A:2, V, namely, “a disability:
- (1) Which is attributable to 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
- (2) Which originates before such individual attains age 22, has continued or can be expected to continue indefinitely, and constitutes a severe handicap to such individual's ability to function normally in society.”
- (k) “Director” means the director of the bureau of mental health services and the director of the bureau of children’s mental health.
- (l) “Disaster” means any event that causes major upheaval or turmoil in a community, such as floods, fires, and earthquakes, transportation accidents, violent acts, or other events causing mass casualties, with one result being that many citizens require related support, comfort, and assistance.
- (m) “Facility” means New Hampshire hospital or a receiving facility designated pursuant to RSA 135-C:26 and He-M 405, any psychiatric hospital, Glencliff Home, or an acute psychiatric residential treatment program.
- (n) “Generic services” means services available to the general population that are not specifically designed for persons with mental illness.
- (o) “Governmental CMHP” means a program operated by the state, city, town, or county, for the purpose of planning, establishing, and administering an array of community-based mental health services pursuant to He-M 403.
- (p) “Individual” means any person receiving or applying for services from a CMHP or community residence. The term includes client. i
- (q) “Intake” means the process used to determine eligibility for CMHP services pursuant to He-M 401.03.
- (r) “Integrated activity” means personal interaction between persons with and without mental illness which occurs within community settings.
- (s) “Least restrictive environment” means the program or service which least inhibits a client's freedom of movement, informed decisions, and participation in the community, while achieving the purposes of habilitation and treatment.
(t) “Mental illness” means a condition of a person who is determined severely mentally disabled in accordance with He-M 401.05 through He-M 401.07 and who has at least one of the following psychiatric disorders classified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) as listed in Appendix A:
(1) Schizophrenia spectrum and other psychotic disorders except for the following:
- a. Schizotypal personality disorder;
- b. Substance or medication induced psychotic disorder; and
- c. Psychotic disorder due to another medical condition;
(2) Bipolar and related disorders except for the following:
- a. Substance or medication induced bipolar and related disorder; and
- b. Bipolar disorder and related disorder due to another medical condition;
(3) Depressive disorders except for the following:
- a. Disruptive mood dysregulation disorder;
- b. Premenstrual dysphoric disorder;
- c. Substance or medication induced depressive disorder; and
- d. Depressive disorder due to another medical condition;
- (4) Borderline personality disorder;
- (5) Panic disorder;
- (6) Obsessive compulsive disorder;
- (7) Post traumatic stress disorder;
- (8) Bulimia nervosa;
- (9) Anorexia nervosa;
- (10) Other specific feeding or eating disorders;
- (11) Unspecified feeding or eating disorders; and
(12) Major neurocognitive disorders where psychiatric symptom clusters cause significant functional impairment and one or more of the following symptom categories are the focus of psychiatric treatment:
- a. Anxiety;
- b. Depression;
- c. Delusions;
- d. Hallucinations; and
- e. Paranoia.
- (u) “Natural environments” means integrated community settings where persons with and without mental illness live, work and pursue leisure activity.
- (v) “Nongovernmental CMHP” means an incorporated nonprofit program operated for the purpose of planning, establishing and administering an array of community-based mental health services pursuant to He-M 403.
- (w) “Office of Inspector General's List of Excluded Individuals/Entities” means a database maintained by the Office of Inspector General of the U.S. Department of Health and Human Services that provides information to the health care industry and the public regarding persons and entities currently excluded from participation in Medicare, Medicaid and all other Federal health care programs due to a conviction related to the Medicare or Medicaid program, a conviction related to patient abuse, or an action taken by a state licensing authority.
- (x) “Person with mental illness” means an adult with a severe mental illness or a child or adolescent with a severe emotional disturbance who has been determined eligible pursuant to He-M 401.
- (y) “Preadmission screening and resident review (PASRR)” means procedures by which the department, in conformance with section 1919(b)(3)(F)(i) and (ii) of the Social Security Act, determines whether persons with mental illness who are applying for placement, or currently residing in, nursing facilities are in need of nursing facility level of service and, if so, whether they are in need of specialized services pursuant to He-M 1302.07.
- (z) “Recovery” for a person with a mental illness means development of personal and social skills that minimize susceptibility to symptoms of illness and minimize dependence on professional supports.
- (aa) “Region” means a geographic area defined and designated in He-M 425 for the purpose of assigning primary responsibility for providing mental health services to the residents of certain communities.
- (ab) “Serious emotional disturbance” means severe mental disability in persons from birth to age 18 who currently, or at any time within the past year, have had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified with the DSM 5, that resulted in functional impairment, which substantially interfered with or limited the child’s role or functioning in the family, school, or community activities. This definition excludes substance abuse disorders and conditions due to another medical condition or substance and medication induced disorders.
- (ac) “Transitional housing services program” means a residential program for persons with a severe mental illness, or severe and persistent mental illness which has contracted with the department.
Source. #4195, eff 1-1-87, EXPIRED: 1-1-93 New. #6816, eff 7-25-98, EXPIRED: 7-25-06 New. #8716, INTERIM, eff 9-6-06, EXPIRED: 3-5-07 New. #9533, eff 9-1-09, EXPIRED: 9-1-17 New. #12388, INTERIM, eff 9-23-17, EXPIRED: 3-22-18 New. #12522, eff 4-3-18