DHHS Accepting Formal Public Comments on He-M 503 and He-M 505
He-M 503 and He-M 505 are open for formal public comment.
Detailed information may be found here: https://gencourt.state.nh.us/rules/register/default.aspx
He-M 503 proposed rule link.
He-M 503 establishes the standards and procedures for the determination of eligibility, the development of service agreements, and the provision and monitoring of services that maximize the ability and informed decision-making authority of persons with developmental disabilities and which promote the individual’s personal development, independence, and quality of life in a manner that is determined by the individual. The proposed amendments are largely made in order to bring the rules into alignment with the requirements of the Centers for Medicare and Medicaid Services (“CMS”).
The Department of Health and Human Services (Department) is proposing to readopt He-M 503 on the purpose of He-M 503, and repeal or readopt with amendments the remainder of the rules in HeM 503.
The proposed changes from the existing He-M 503 include:
• Updating He-M 503.02 on definitions by:
• Updating He-M 503.03 on eligibility for services to clarify the types of services available to certain categories of individuals;
• Updating He-M 503.04 on the application for services to clarify the role of the area agency during the application process;
• Updating He-M 503.05 on the determination of eligibility to clarify the steps to be taken and timelines when determining eligibility pursuant to RSA 171-A, and for home and community-based waiver services;
• Updating He-M 503.06 on periodic review of conditional eligibility to clarify the process for the re-evaluation of conditional eligibility;
• Updating He-M 503.07 on service guarantees to clarify service guarantees, clarify the individual’s right to choose providers, and remove language relating to contracts between area agencies and providers in alignment with Federal requirements;
• Updating He-M 503.08 on service coordination to clarify the obligations of a service coordinator, clarify who can be a provider of service coordination, and clarify the requirement that the provision of service coordination is free of conflict unless a limited exception is permissible, and in accordance with 42 CFR 441.301;
• Updating He-M 503.09 on service planning to clarify the timelines and other requirements of person-centered planning;
• Updating He-M 503.10 on service agreements to clarify the timelines for creating individual service agreements, clarify the information to be included in individual service agreements, and clarify that the service coordinator bears responsibility for creating the service agreement, not the area agency;
• Updating He-M 503.11 on record requirements for providers to apply to all providers and clarify the information to be included in each record;
• Repealing He-M 503.12 on record requirements for provider agencies as the information is now included in the revision to He-M 503.11 and renumbering the remaining sections;
• Updating He-M 503.12 on service funding, formerly He-M 503.13 on the allocation of funds, to clarify where information for funding will be documented, remove requirements for information that will be included in the electronic documentation system, and clarify how funding requests will be handled;
• Updating He-M 503.13, formerly He-M 503.14, on transfers across regions to clarify the process for individuals transferring across regions; • Updating He-M 503.14, formerly He-M 503.15, on termination of services to include the entities that could be included in the discussion, as well as updating references;
• Updating He-M 503.15, formerly He-M 503.16, on voluntary withdrawal from services to clarify expectations relative to voluntary withdrawal from services;
• Updating He-M 503.16, formerly He-M 503.17, on challenges and appeals to clarify the types of decisions to be appealed and for which written notice is required; and
• Updating He-M 503.17, formerly He-M 503.18, on waivers to clarify the entities responsible for completing and submitting waivers.
Information for participating in public comment for He-M 503 proposed changes:
Contact person for copies and questions, including requests to accommodate persons with disabilities:
Name: Allyson Raadmae
Title: Administrator- Administrative Rules Unit
Address: Dept. of Health and Human Services Administrative Rules Unit 129 Pleasant Street, 2nd Floor Concord, NH 03301
Phone #: (603) 271-9604 Fax#: (603) 271-5590 E-mail: Allyson.E.Raadmae@dhhs.nh.gov
TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)
The proposed rules may be viewed and downloaded at: https://www.dhhs.nh.gov/doing-business-dhhs/legal-services/administrative-rules/nhadministrative-rules-public-comment
Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format of either fax or email:
Tuesday, August 8, 2023
The public hearing is scheduled for Tuesday, August 1, 2023, at 1:00 pm
at the DHHS Brown Bldg., Auditorium, 129 Pleasant St., Concord, NH
He-M 505 proposed rule link
He-M 505 defines the procedures and criteria for the establishment, designation, and redesignation of area agencies and describes their role and responsibilities.
The proposed amendments are largely being made in order to bring the rules into alignment with the requirements of the Centers for Medicare and Medicaid Services (“CMS”).
The Department of Health and Human Services (Department) is proposing to readopt with amendment He-M 505. The proposed amendments include:
• Updating He-M 505.02 definitions
• Updating He-M 505.03 on the role and responsibilities of the area agency by clarifying the roles and responsibilities of an area agency and adding the requirements for Medicaid administrative reimbursement and the types of services available to certain categories of individuals;
• Additionally, He-M 505.03 is being divided into two sections to include He-M 505.04 on governance and composition of the area agency board. A majority of the requirements included were previously found in He-M 505.03. The existing requirements are being updated to clarify the expectations of the area agency board, the requirements of what is to be included in an area plan, notification requirements if an area agency is making changes to its corporate identity, and which programs and functions an area agency are responsible for, and new requirements are being added including that each board member shall participate in a nationally accredited person-centered thinking training;
• Renumbering the existing He-M 505.04 as He-M 505.05 on the designation of area boundaries;
• Updating He-M 505.06, formerly He-M 505.05, on area agency designation procedures and criteria to replace “consumer” with “individual”;
• Updating He-M 505.07, formerly He-M 505.06, on revocation of designation to clarify the area that the bureau administrator will monitor and the reasons for revocation and to remove the concrete timeframe for remedial action;
• Renumbering the existing He-M 505.07 as He-M 505.08 on suspension;
• Updating He-M 505.09, formerly He-M 505.08, on redesignation to clarify service guarantees, clarify the procedure to be followed for redesignation, and clarify the information that the bureau will review and evaluate during the redesignation process;
• Updating He-M 505.10, formerly He-M 505.09, on conditional redesignation by making minor substantive revisions; • Updating He-M 505.11, formerly He-M 505.10, on denial of redesignation by splitting up the existing requirements into their own paragraphs;
• Renumbering the existing He-M 505.11 as He-M 505.12 on hearings;
• Renumbering the existing He-M 505.12 as He-M 505.13 on the designation of successor area agency, and
• Renumbering the existing He-M 505.13 as He-M 505.14 on waivers.
Information for participating in public comment for He-M 505 proposed changes:
Contact person for copies and questions, including requests to accommodate persons with disabilities:
Name: Allyson Raadmae Title: Administrator- Administrative Rules Unit Address: Dept. of Health and Human Services Administrative Rules Unit 129 Pleasant Street, 2nd Floor Concord, NH 03301
Phone #: (603) 271-9604 Fax#: (603) 271-5590
E-mail: Allyson.E.Raadmae@dhhs.nh.gov
TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)
The proposed rules may be viewed and downloaded at: https://www.dhhs.nh.gov/doing-business-dhhs/legal-services/administrative-rules/nhadministrative-rules-public-comment
Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format, either by email or fax:
Tuesday, August 8, 2023
The public hearing is scheduled for Tuesday, August 1, 2023, at 2:00 pm
Place: DHHS Brown Bldg., Auditorium, 129 Pleasant St., Concord, NH