N.H. Admin. Code § He-M 525.05

Current through Register No. 45, November 7, 2024

Section He-M 525.05 - Service Principles

(a) PDMS shall promote the individual's and his or her representative's involvement, choice, and control in all levels of planning, provision, and monitoring of services.

(b) Individuals who are involved in PDMS may identify others of their choice to assist them in directing their services.

(c) PDMS shall:

(1) Be tailored to the individual's competencies, interests, preferences, and needs;

(2) Promote the health, safety, and emotional well-being of the individual;

(3) Be provided in a manner which protects the individual's rights as described in He-M 202 and He-M 310; and

(4) Provide the degree of support an individual needs to direct services, increase his or her level of independence, and advocate for himself or herself.

(d) PDMS that support families who are caring for their family members shall:

(1) Respect each family's values, beliefs, and traditions; and

(2) Recognize and draw on each family's strengths and competencies.

(e) For an individual who is 21 years of age or older, PDMS shall include supports identified in the service agreement, such as:

(1) Personal care, employment supports, adult basic education, and avocational and leisure activities;

(2) Adaptations through environmental and vehicle modifications and assistive technology;

(3) Services that assist the individual to acquire and maintain life skills in such areas as personal safety, meal preparation, and budgeting;

(4) Services that, based on the individual's preferences, broaden his or her life experiences through social, artistic, and spiritual expression;

(5) Respite and family support services that meet the needs of individuals living with their families;

(6) Provider training including, at a minimum:

a. Individual rights; and

b. Universal precautions and other nursing-related tasks;

(7) Consultations and assessments; and

(8) Services needed, but not currently available.

(f) For an individual who is under the age of 21, PDMS shall include supports identified in the service agreement for the individual and his or her family, such as:

(1) Respite;

(2) Environmental and vehicle modifications, and assistive technology;

(3) Provider training including, at a minimum:

a. Individual rights; and

b. Universal precautions and other nursing-related tasks;

(4) Consultations and assessments; and

(5) The following, to the extent that they are not the responsibility of the school district to provide:

a. Transition planning;

b. After school supports; and

c. Acquisition and maintenance of life skills, such as:

1.Preparing meals;

2.Budgeting;

3.Obtaining and maintaining employment;

4.Socializing; and

5.Maintaining personal safety.

(g) The area agency or subcontract agency shall discuss options for service provision with the individual and representative.

(h) The individual or representative shall select the provider and staff to deliver PDMS based on the discussion of options required in (g) above.

(i) When the individual or representative opts for services that are to be provided by a person or an entity other than the area agency or a subcontract agency:

(1) The area agency shall hire the person or contract with the person or entity, consistent with the area agency's or subcontract agency's personnel policies; or

(2) The individual or representative may choose to hire or contract with the person or entity.

(j) If the individual or representative chooses to hire or contract with the person or entity:

(1) The area agency shall:

a. Approve the identified person or entity;

b. Discuss with the individual and representative each party's responsibilities regarding service planning, provision, and oversight; and

c. Establish a contract with the individual or representative regarding service planning, provision, and oversight; and

(2) The individual or representative shall give to the area agency a copy of any contract established with a contractor pursuant to (i) (2) above.

(k) In those situations where the area agency does not approve the individual's or representative's selection of a person or entity, the area agency shall:

(1) Provide, in writing, the reasons why the area agency will not hire, contract with, or approve the person or entity;

(2) Advise the individual or representative in writing and verbally of his or her appeal rights under He-M 525.11; and

(3) Assist the individual or representative in selecting another person or entity to provide the services, as needed.

N.H. Admin. Code § He-M 525.05

#9391, eff 2-21-09; ss by #9890-A, eff 3-22-11

Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12859, Effective 8/28/2019, Expires 8/28/2029.