TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 161-I
PERSONAL CARE SERVICES

Section 161-I:2

    161-I:2 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Consumer-directed services" means personal care services under which the eligible consumer or his or her representative is responsible for:
(a) Participating in the development of the eligible consumer's service plan;
(b) Selecting the eligible consumer's personal care services provider;
(c) Setting the terms and conditions of work;
(d) Training, supervising, and evaluating the personal care services provider; and
(e) Terminating his or her relationship with the personal care services provider.
III. "Department" means the department of health and human services.
IV. "Eligible consumer" means a child with special health care needs eligible for in-home supports or a person eligible for the home and community-based care waiver for the elderly and chronically ill.
V. "Eligible setting" means a home, apartment, residential facility, day program, or other community setting, but does not include a hospital, nursing facility, or other institutional setting.
VI. "Home health agency" means a home health care provider licensed under RSA 151.
VII. "Intermediary services" means an array of fiscal and supportive services to facilitate the delivery of consumer-directed services. Such services shall include:
(a) Fiscal intermediary services, including but not limited to:
(1) Computing of tax withholdings.
(2) Filing and depositing employment taxes.
(3) Preparing and disbursing payroll checks.
(4) Collecting and verifying worker timesheets.
(5) Processing and paying non-labor related invoices.
(6) Processing criminal background checks on prospective workers.
(7) Overseeing the verification of workers' citizenship/legal alien status.
(8) Generating standardized reports depending on program design.
(b) Supportive services, including but not limited to:
(1) Skills and advocacy training for the eligible consumer or representative.
(2) Assistance with recruiting, screening, hiring, and training personal care services providers.
(3) Creating and maintaining work registries.
(4) Assessing and reassessing service needs.
(5) Counseling and support.
(6) Monitoring consumer satisfaction.
VIII. "Legally responsible relative" means a parent of a minor child or a spouse.
IX. "Other qualified agency" means those entities authorized to offer personal care services and/or intermediary services by the department in accordance with rules adopted pursuant to RSA 541-A.
X. "Plan of care" means a state-authorized guide to the provision of services to an eligible consumer.
XI. "Personal care services" means services furnished by a personal care services provider that assist an eligible consumer in maintaining himself or herself in an eligible setting. Such services may include, but are not limited to, basic personal care and grooming, assistance with basic toileting and toileting hygiene measures, assistance with oral and topical medications, assistance with nutrition, including meal preparation, and essential household services.
XII. "Personal care services provider" means a person who:
(a) Is selected by:
(1) The eligible consumer;
(2) The eligible consumer's legal guardian;
(3) The eligible consumer's representative; or
(4) A person granted power of attorney by the eligible consumer; and
(b) Is employed by a home health agency or other qualified agency to provide personal care services; and
(c) Is not:
(1) The eligible consumer's legally responsible relative, except as authorized pursuant to RSA 161-I:3-a;
(2) The eligible consumer's legal guardian;
(3) The eligible consumer's representative; or
(4) A person granted power of attorney by the eligible consumer.
XIII. "Representative" means a person:
(a) Chosen by:
(1) The eligible consumer;
(2) The eligible consumer's legal guardian; or
(3) A person granted power of attorney by the eligible consumer; and
(b) Deemed appropriate by the department to act on behalf of the eligible consumer; and
(c) Who:
(1) Is not the personal care services provider; and
(2) Does not have a financial relationship with a home health agency or other qualified agency providing intermediary services to the eligible consumer.

Source. 2000, 255:1. 2006, 132:1, eff. July 18, 2006.