NEW HAMPSHIRE
New Hampshire took several actions in 2002 to improve access to services for people with developmental disabilities (DD) and to place more control in the hands of families who are caring for children with DD. The legislature also addressed nursing home liability issues, assisted living regulation and elder abuse issues.
Developmental Disabilities
In December 2002, New Hampshire became the first state in the nation to receive a federal waiver allowing the state to give families greater control over support services for their children with developmental disabilities. The In-Home Support Program, scheduled to begin March 2003, will provide 200 families with supports and services, such as personal care, respite, environmental and vehicle modifications and service coordination.
Each family's budget will differ, depending on the needs of the child and the family, up to a maximum of $20,000 per year per family. The families will be able to choose which services and providers they want to use. A support broker and a financial management service will assist families and individuals with the program and with handling payroll tasks. The program is under the U.S. Department of Health and Human Services' new Independence Plus initiative.
In a related development, the legislature appropriated $5 million in FY 2002-2003 to serve developmentally disabled people on the waiting list for home and community-based services and $3 million for people with acquired brain disorders. Governor Craig Benson earmarked an additional $3 million in each year of the next biennium to serve people with developmental disabilities who were on waiting lists.
The situation regarding waiting lists for people with developmental disabilities or acquired brain disorders had resulted in a lawsuit (Cumming vs. Shaheen) by an advocacy group (Disability Rights Center), and a class action lawsuit (Bryson vs. Shumway) on behalf of 42 adults with acquired brain disorder in nursing homes who are on Medicaid waiver waiting lists.
Planning and Reports
The legislature also established a legislative committee in 2002 to study the development of home and community-based long-term care supports for the elderly and adults with disabilities. The committee must solicit such information from the Department of Health and Human Services, service providers and consumers.
Nursing Homes
The General Court also focused on nursing home liability issues during the 2002 legislative session. The lawmakers established rules for discovery and immunity related to quality assurance programs. The legislation provides that the records of a nursing home or community mental health program's quality assurance program will be discoverable in either of the following cases.
- A judicial or administrative proceeding brought by a nursing home/community mental health program, its quality assurance program, or its board of directors, to revoke or restrict the license or certification of a staff member; or
- A proceeding alleging repetitive malicious action and personal injury brought against a staff member.
Assisted Living
The state was working on new regulations regarding assisted living facilities in 2002. Lawmakers had enacted a bill that year that established standards for disclosure of information to consumers of costs and services provided by assisted living residences and housing for older people.
Elder Abuse
State lawmakers also enacted two elder abuse laws: one defines penalties for Class A and Class B felonies associated with neglect of elderly, disabled or impaired adults. The other law adds financial exploitation to the offenses that make an individual eligible for adult protective services.
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