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) “Area agency” means “area agency” as defined under RSA 171-A:2, I-b.
3. (c) “Bureau” means the bureau of developmental services of the department of health and human services.
4. (d) “Days” means calendar days unless otherwise specified.
5. (e) “Developmental disability” means “developmental disability” as defined in RSA 171‑A:2, V, namely, “a disability:
6. (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
7. (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.”

8. (f) “Family” means a group of 2 or more persons that:

   1. (1) Are related by ancestry, marriage, or other legal arrangement;
   2. (2) Are living in the same household; and
   3. (3) Have at least one member who is an individual as defined in (i) below.

9. (g) “Health Risk Screening Tool (HRST)” means the 2015 edition of the Health Risk Screening Tool, available as noted in Appendix A, which is a web-based rating instrument used for performing health risk screenings on individuals in order to:

   1. (1) Determine an individual’s vulnerability regarding potential health risks; and
   2. (2) Enable the early identification of health issues and monitoring of health needs.
10. (h) “Home and community based waiver services (HCBS waiver services)” means the services defined and funded pursuant to New Hampshire’s agreement with the federal government, known as the “Disabilities Waiver” and the “Acquired Brain Disorder Waiver", pursuant to the authority section of 1915(c) of the Social Security Act which allows the federal funding of long-term care services in non-institutional settings for persons who are developmentally disabled or who have an acquired brain disorder.
11. (i) “Individual” means any person with a developmental disability or acquired brain disorder.
12. (j) “Provider” means a person receiving any form of remuneration for the provision of services to an individual.
13. (k) “Provider agency” means an agency or an independent provider that is established to provide services to individuals and who meets the criteria in He-M 504.
14. (l) “Staff” means a person employed by a provider agency, subcontract agency, or other employer.
15. (m) “Supports Intensity Scale-Adult Version ® (SIS-A ®)” means the 2023 edition of the Supports Intensity Scale, available as noted in Appendix A, which is an assessment tool intended to assist in service planning by measuring the individual’s support needs in the areas of home living, community living, lifelong learning, employment, health and safety, social activities, and protection and advocacy. The tool uses a formal rating scale to identify the type of supports needed, frequency of supports needed, and daily support time.

Source. #2033, eff 6-7-82; ss by #2679, eff 4-18-84; ss by #5047, eff 1-18-91, EXPIRED: 1-18-97 New. #6645, eff 12-2-97, EXPIRED: 12-2-05 New. #8604, eff 4-11-06; ss by #10528, eff 3-1-14; ss by #14039, eff 8-1-24