1. (a) PDMS shall be open to any individual who:

   1. (1) Is eligible and has funding for services pursuant to He-M 503 or He-M 522; and
   2. (2) Wishes to direct, or whose representative wishes to direct, his or her services.
2. (b) PDMS shall not be used in congregate service arrangements or programs where individuals, families, or guardians do not direct and manage the services and approved funding pursuant to He-M 525.02 (g) and there is a per diem payment made to the provider rather than a budget that is available to the individual, family, or guardian to manage.
3. (c) Individuals who receive services under He-M 524 shall not be eligible for services under this part.
4. (d) A person shall not be eligible to receive payment for providing services under He-M 525 if he or she is the spouse of the individual.

5. (e) PDMS shall not be available for an individual with the following:

   1. (1) Incident(s) of behaviors that pose a risk to community safety with or without police or court involvement, or a history of civil commitment under RSA 171-B;
   2. (2) A formal risk assessment conducted within the past year by a N.H. licensed psychologist or psychiatrist that finds the individual poses a moderate or high risk to community safety and includes recommendations on the level of security, services, and treatment necessary for the individual; and
   3. (3) Concurrence from the area agency’s human rights committee, established pursuant to RSA 171-A:17, I, that services under He-M 525 would not provide the degree of security, services, or treatment needed by the individual.
6. (f) Upon a positive finding pursuant to (e)(2) above, the individual may obtain a second opinion from a New Hampshire licensed psychologist or psychiatrist.
7. (g) The human rights committee shall consider the findings of the assessment conducted in (f) above.
8. (h) If a human rights committee convenes pursuant to (e)(3) or (g) above, the committee shall meet, if requested, with the individual and the individual’s representative.

Source. #9391, eff 2-21-09; ss by #9890-A, eff 3-22-11; ss by #12859, eff 8-28-19