CHAPTER 171-A SERVICES FOR THE DEVELOPMENTALLY DISABLED
Miscellaneous
Section 171-A:18
171-A:18 Area Agency Responsibilities and Operations. –
I. The commissioner may designate by rules adopted pursuant to RSA 541-A for each area one area agency which shall be responsible for administering area-wide programs and services for developmentally disabled persons. Each area agency so designated shall be the primary recipient of funds that may be dispensed by the commissioner for use in establishing, operating, and/or administering such programs and services. The programs and services for which an area agency is responsible include, but are not limited to, diagnosis and evaluation, service coordination, community living arrangements, employment and day services, and programs designed to enhance personal and social competence.
II. The commissioner may enter into contracts with, make grants to, or otherwise make funds available to an area agency or authorized agency for the provision of programs and services to developmentally disabled persons. Subject to the written approval of the commissioner, an area agency or authorized agency may enter into contracts with individuals or organizations for the expenditure of portions of such funds on programs or services for developmentally disabled persons. Area agencies, authorized agencies, and other organizations under contract to provide services in accordance with this chapter shall administer programs and services in accordance with 42 C.F.R. section 441.301, and any subsequent amendments thereto.
III. Each area board shall appoint an executive director who shall be accountable to the board for administering the area-wide programs and services for developmentally disabled persons. The executive director shall serve at the pleasure of the area board and shall serve as a full-time employee of the area board.
IV. The commissioner shall, in accordance with RSA 541-A, adopt rules establishing standards for the provision of services by area agencies and authorized agencies to developmentally disabled persons. The commissioner shall further adopt rules establishing standards relating to the professional qualifications of the executive director of the area board and to the size and composition of area boards in order to assure that membership is representative of the area as a whole and reflects the concerns and interests of developmentally disabled persons and their families. The commissioner shall also adopt rules establishing a reapproval process and shall require area agencies to be subject to reapproval every 5 years.
V. With such frequency as may be determined by the commissioner, each area agency shall prepare and submit to the department for approval a plan for provision of programs and services to developmentally disabled persons who live in the area.
VI. A community mental health program established pursuant to RSA 135-C may also be designated an area agency by the commissioner, providing that the area agency is in full compliance with the requirements of this chapter and with all standards and rules adopted pursuant thereto.
VII. The department of health and human services shall assume all or any part of the responsibilities provided for in paragraphs I and II at any time during which an area agency is not designated.