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IDCMP Information Laws Fees Locations | DUI

NH DUI GUYServing all of N.H. Offices Nashua, Manchester, Concord, Portsmouth Call 24/7:  (603) 821-0319

IDCMP Information Laws Fees Locations

If you are convicted of DWI in New Hampshire, you will have to complete the IDCMP before you get your license back. There are numerous providers throughout the State and numerous requirements of what you must do. Here is some of their contact information and information related to the program:

"Impaired Driver Care Management Program (IDCMP) Sites and What They Offer

Amethyst 603-679-2100

120 Hedding Rd. Epping

35 Geremonty Dr Salem

1039 Unit D Islington St. Portsmouth

97 Pleasant St Claremont

814 Elm St Manchester

 

Chrysalis 603-998-4210

90 Airport Rd Ste 19 Concord

20 Canal St Franklin

277 Union Ave Laconia

108 Geneva Point Rd Moultonborough

 

Community Alcohol Informatin Program (CAIP) 603-753-8181

119 N. Main St. Boscawen

103 Roxbury St Keene

390 Union Ave Laconia

3A Taggart Dr. Nashua

 

Community Improvements Associates (CIA) 603-352-1016

170 Emerald St Keene

 

Serenity Place603-625-6980

101 Manchester St. Manchester

 

Southeastern Services 603-516-8160

272 County Farm Rd Dover

 

Tri-County 603-869-2210

2957 Main St Bethlehem

610 Sullivan St Ste 303 Berlin

448 White Mountain Hwy Tamworth

15 Grove St N. Conway

IDCMP information as taken from Court handout :"

YOU ARE ADVISED TO CONTACT THE IDCMP IMMEDIATELY TO SCHEDULE YOUR INTAKE APPOINTMENT WITHIN YOUR REQUIRED TIMEFRAMES. FAILURE TO DO SO MAY RESULT IN ADDITIONAL PENALTIES.

In order for your intake to be conducted and screening/evaluation instruments to be administered, you must provide the IDCMP with your sentencing order.

Prior to a finding being made as a result of your screening or evaluation, you must provide the IDCMP with all of the following:

A current riginal certified copy of your driver's license record from all of the following as applicable:

The State of New Hampshire Department of Safety, Division of Motor Vehicles

The State in which you hold a driver's license, if a non-resident; and

Any state in which you have been arrested or convicted for an offense involving driving a motor vehicle under the influence of alcohol or drugs.

Chrmical test results, if any, or documentation of your refusal to submit to chemical tests

A copy of your arest report and arrest narrative relating to your conviction from the police department where the rrest occurred.

Documentation of proof of completion of a department approved impaired driver education program if such a program has been completed within the past 5 years.

 

FEES

Intake $75 which shall be inclusive of any screening conducted

Client fee $70 to be paid to treasurer State of NH, which the IDCMP collects at the intake

Substance us disorder evaluatin, $200

Impaired Driver Education Program (IDEP) including all court materials $300 or

Weekend Impaired Driver Education Program (WIDEP) including all course materials and room and board $485

Care management, $30 per contact, maximum $60 per month and

For each day that an IDCMP staff is required to attend a sentencing court proceeding as a result of a notice of non-compliance being sent in accordance with He-A 507.06(k), $100 per day.

Payments to be made as follows:

Inake and/or the evaluation, payment to be made on the date of service delivery, unless a payment plan has been agreed to between you and the IDCMP.

Client fee is collected by the IDCMP at the intake/

Care management contacts; the IDCMP may charge individually for each contact or on a monthly basis for two contacs, to be payable in a manner determined by the IDCMP

IDEP or WIDEP payment to be made on or before the date of the first session, unless a payment plan has been agreed to between you and the IDCMP and

You must pay for an dryg or alcohol testing required by the service plan. Such fees shall be paid directly to the testing site.

 

IMPAIRED DRIVER CARE MANAGEMENT PROGRAM LAWS

265-A:39 Impaired Driver Education Programs. –
    I. Except as provided in paragraph III, the commissioner of the department of health and human services shall be responsible for approving the impaired driver education programs which persons convicted under RSA 265-A:2 or RSA 265-A:3 shall attend in order to regain their driver's licenses or driving privileges; but the commissioner of the department of health and human services shall not approve any impaired driver education program unless such program is conducted without cost to the state.
    II. An impaired driver education program shall consist, at a minimum, of 20 hours of evidence-based educational curriculum. The department of health and human services shall establish and maintain standards of instruction and monitor course content.
    III. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver education programs with respect to:
       (a) Necessary procedures and forms to be followed in order for drivers who have completed such programs to regain their licenses or driving privileges.
       (b) Place of business and areas of the state in which approved programs may operate.
       (c) Records and reports.
       (d) Schedule of fees and charges.
       (e) Course content and standards of instruction.
       (f) Certification and recertification of instructors.
       (g) A per client fee to be paid by program providers sufficient to cover the costs of monitoring course content, establishing and maintaining standards of instruction, data collection, and administrative support.
       (h) Program compliance.
       (i) Any other matter related to the proper administration of this section and the protection of the public.

Source. 2006, 260:1, eff. Jan. 1, 2007. 2008, 256:5, 6, eff. Aug. 25, 2008. 2010, Sp. Sess., 1:20, eff. June 10, 2010. 2012, 228:6, eff. Jan. 1, 2013. 2013, 144:35, eff. July 1, 2013.

265-A:40 Impaired Driver Care Management Programs. –
    I. The commissioner of the department of health and human services shall publish a regularly-updated list of approved impaired driver care management programs (IDCMPs) and related treatment providers. The commissioner of the department of health and human services may approve an IDCMP upon receipt of an application that demonstrates, in a manner satisfactory to the commissioner of the department of health and human services, that the applicant has the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide the services required of an IDCMP under this chapter. A treatment provider, who may also carry out substance use disorder evaluations, may be approved upon receipt of an application that demonstrates in equivalent fashion the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide services. The commissioner of the department of health and human services shall monitor IDCMP services and may withdraw the approval of an IDCMP or treatment provider upon receipt of reliable evidence that the entity has failed to meet the requirements of this section or is likely to act in a manner that threatens public safety or the welfare of a client.
    II. An approved impaired driver care management program (IDCMP) shall provide the following services for persons arrested for or convicted of an offense under this chapter:
       (a) Screening of first-time offenders, using a screening test approved by the department of health and human services, to determine whether they need a full evaluation for substance use disorders.
       (b) Conducting a full substance use disorder evaluation, as necessary.
       (c) Development of a service plan based on this assessment of the client, which may include referral to education and/or treatment programs.
       (d) Monitoring of the services provided to the client under the service plan.
       (e) Notifying the division of motor vehicles and the sentencing court if the client fails to comply with the service plan.
       (f) Periodic face-to-face evaluations of the client's progress.
       (g) Administration of drug and alcohol tests or other abstinence monitoring regimen required by the court or included in the service plan.
       (h) Reporting the results of monitoring or final evaluation and completion by the IDCMP, as appropriate, to the sentencing court, the division of motor vehicles, and the department of health and human services.
    III. Before the service plan is finalized, the client shall provide to the program an original certified copy of the person's driver's license record. Such record shall be secured from the division of motor vehicles, or from the state in which the person holds a driver's license, if an out-of-state resident. The person shall pay for all costs involved in securing the certified copy.
    IV. Persons receiving services from an impaired driver care management program and from education or treatment programs included in the service plan shall be responsible for the fees assessed by such programs, including a per-client fee paid by the program provider to the department of health and human services sufficient to cover the costs of monitoring program services, data collection, and administrative support by the department of health and human services. Persons who cannot pay for IDCMP or treatment services may avail themselves of publicly funded programs. The department of health and human services may review the fees assessed and allow for payment plans, fee waivers, or services for indigent clients or clients that meet poverty guidelines established by the commissioner.
    V. The approved impaired driver care management program (IDCMP) shall determine whether the client has complied with all requirements of the service plan. The IDCMP shall notify the client, the division, the court, and the department of health and human services when the client has complied with such requirements and paid all applicable fees.
    VI. The client shall have the right to a hearing before the commissioner of safety or designee, who shall determine whether the service plan requirements are warranted and appropriate.
    VII. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver care management programs with respect to:
       (a) Approval of programs.
       (b) Procedures and forms to be followed in order to verify client completion of the program.
       (c) Place of business and areas of the state in which approved programs may operate.
       (d) Records and reports.
       (e) Schedule of fees and charges.
       (f) Certification and recertification of programs.
       (g) A per client fee to be paid by program providers sufficient to cover the costs of monitoring compliance, data collection, and administrative support.
       (h) Site reviews.
       (i) Program compliance.
       (j) Any other matter related to the proper administration of this section and the protection of the public.
    VIII. For the purposes of clinical efficacy and continuity of care the IDCMP may provide substance abuse treatment services to those persons required to complete a treatment service plan if the IDCMP is also a department of health and human services approved treatment services provider and if the person elects this option. Before the person may elect this option, the IDCMP shall first provide the person with a printed list of all other department of health and human services approved providers. The person shall sign a waiver acknowledging receipt of the list that also fully explains his or her right to choose a different provider at any time. The person may elect to receive treatment services from the IDCMP by acknowledging on the waiver that he or she has chosen to obtain the required substance abuse treatment services from the IDCMP.
    IX. Notwithstanding other provisions in RSA 265-A, out-of-state residents may elect to obtain required screening, evaluation, treatment, and education services in their legal state of residence provided that they register with a New Hampshire IDCMP and that the New Hampshire IDCMP:
       (a) Ensures that screening, evaluation, and treatment services are provided by individuals possessing an International Certification & Reciprocity Consortium/Alcohol and Other Drug Abuse (IC&RC) sanctioned license, or, if the client resides in a non-IC&RC state, by individuals who are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction;
       (b) Ensures that impaired driver education programs are provided by programs which are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction;
       (c) Develops the service plan;
       (d) Monitors compliance with the service plan and reports noncompliance to the division of motor vehicles and the sentencing court; and
       (e) Determines whether the service plan has been completed and, if so, reports completion to the sentencing court, the division of motor vehicles, and the department of health and human services.

Source. 2006, 260:1, eff. Jan. 1, 2007. 2008, 256:7, eff. Aug. 25, 2008. 2010, Sp. Sess., 1:21, eff. June 10, 2010. 2012, 228:7, eff. Jan. 1, 2013. 2013, 219:5, eff. July 11, 2013.

265-A:42 Attendance at Impaired Driver Education Course Required. –
    I. The director shall not restore the license or driving privilege of any person whose license or privilege has been revoked or suspended pursuant to RSA 265-A:2, I or 265-A:3 if the person has not completed a department of health and human services approved impaired driver education program within the past 5 years, completed an alcohol and drug abuse screening, and if testing demonstrates the likelihood of a substance use disorder, a substance use disorder evaluation, and complied with the service plan developed from the substance abuse disorder evaluation by the IDCMP, furnished proof of completion of a department of health and human services approved impaired driver education, and paid all relevant program fees.
    II. The impaired driver education program operating the course shall report completion of the course to the impaired driver care management program.

Source. 2006, 260:1, eff. Jan. 1, 2007. 2008, 256:8, 9, eff. Aug. 25, 2008. 2010, Sp. Sess., 1:23, eff. June 10, 2010. 2012, 228:9, eff. Jan. 1, 2013.


Approved Rule - Effective 1/1/13 1
Adopt He-A 500, to read as follows:
CHAPTER He-A 500 IMPAIRED DRIVER PROGRAMS
PART He-A 501 PURPOSE AND SCOPE
He-A 501.01 Purpose
. The purpose of these rules is to implement the re
quirements of RSA 265-A
relative to the provision of treatment and educatio
nal services to persons convicted of driving while
impaired offenses. They establish the requirements
to be approved as an impaired driver care
management program, an impaired driver education pr
ogram, and an impaired driver services provider,
and the requirements that must be met for those per
sons convicted of a driving while impaired offense.
He-A 501.02 Scope
. These rules apply to entities who wish to be app
roved by the commissioner
of the department of health and human services to b
e impaired driver care management programs,
impaired driver education programs, and/or impaired
driver service providers. The rule also applies t
o
those persons convicted of a driving while impaired
offense.
PART He-A 502 DEFINITIONS
He-A 502.01 Definitions
.
(a) “Access to Recovery (ATR) program” means a sp
ecial initiative funded by the federal
government and implemented by the New Hampshire dep
artment of health and services’ bureau of drug
and alcohol services, designed to provide clinical
substance abuse treatment and recovery support serv
ices
to targeted populations, and described in He-A 400.
(b) “Alcohol and drug abuse screening (screening)
” means an interview with the client,
conducted in-person by a qualified individual using
one or more approved diagnostic instruments, to
determine the likelihood of a substance use disorde
r.
(c) “Approval period” means the period of time th
at providers are approved to provide IDCMP
and IDSP services.
(d) “Bureau” means the New Hampshire department o
f health and human services’ bureau of
drug and alcohol services (BDAS).
(e) “Certification” means a process whereby the d
epartment determines whether an applicant
meets the minimum qualifications for an IDEP instru
ctor.
(f) “Client” means a person convicted of driving
while impaired (DWI) offense and thus
mandated to attend and successfully complete an IDC
MP and/or IDEP.
(g) “Clinical services” means alcohol and drug in
tervention activities such as outpatient
counseling, residential treatment, or other similar
activities deemed necessary by the IDCMP as the re
sult
of a positive finding for a substance use disorder.
(h) “Co-facilitator” means a person who assists a
certified instructor in conducting an IDEP class
who is currently working towards becoming a certifi
ed instructor.
(i) “Commissioner” means the commissioner of the
department, or his or her designee.
Approved Rule - Effective 1/1/13 2
(j) “Completion report” means a report that conta
ins information about the client’s completion
status after participating in an IDCMP.
(k) “Course” means the 20 hours of educational cl
asses pertaining to an IDEP.
(l) “Department” means the New Hampshire departme
nt of health and human services (DHHS).
(m) “Department representative” means the individ
ual designated by the department to conduct
on-site visits at IDCMPs.
(n) “Diagnostic instruments” means written or ele
ctronic screening or evaluation tools designed
to elicit responses from clients relative to their
involvement with alcohol and other drugs.
(o) “Directed plan of correction” means a plan de
veloped by the department that specifies the
actions the IDCMP shall take to correct identified
deficiencies.
(p) “Driving while impaired (DWI)” means driving
under the influence of alcohol or drugs,
pursuant to RSA 265-A:2 and RSA 265-A:3.
(q) “Financial viability” means the ability to gen
erate sufficient income to meet operating
expenses, debt commitments, and where applicable, t
o allow growth while maintaining service levels.
(r) “Impaired driver education program (IDEP)” me
ans a program that persons convicted under
RSA 265-A:2 or RSA 265-A:3 are required to attend,
pursuant to RSA 265-A:40, in order to regain their
driver’s licenses or driving privileges and that is
operated by an IDCMP.
(s) “Impaired driver care management program (IDC
MP)” means a entity approved by the
department to provide impaired driver care manageme
nt programming and educational programming.
(t) “Impaired driver services provider (IDSP)” me
ans an entity approved by the department to
provide treatment services or recovery support serv
ices to persons convicted of DWI.
(u) “Incapacitation” means an inability to work,
attend school or perform other regular daily
activities due to a serious health condition suppor
ted by appropriate medical documentation.
(v) “Instructor” means an individual who has been
certified by the department, pursuant to He-A
509, to facilitate IDEP sessions.
(w) “International Certification & Reciprocity Co
nsortium/Alcohol and Other Drug Abuse
(IC&RC)” means an organization that sets the intern
ational standards of practice in addiction counseli
ng,
prevention, and clinical supervision through testin
g and credentialing of addiction professionals.
(x) “Licensed alcohol and drug counselor (LADC)”
means a person licensed by the state of New
Hampshire in accordance with RSA 330-C to serve as
an alcohol and other drug counselor.
(y) “Master Licensed alcohol and drug counselor (
MLADC)” means a person licensed by the
state of New Hampshire in accordance with RSA 330-C
to serve as an alcohol and other drug counselor.
(z) “Negative finding” means the result of a scre
ening or an evaluation which indicates that a
client does not have a likelihood of a substance us
e disorder or does not have a substance use disorde
r,
respectively.
Approved Rule - Effective 1/1/13 3
(aa) “Plan of correction (POC)” means a plan deve
loped and written by the IDCMP, which
specifies the actions that will be taken to correct
identified deficiencies.
(ab) “Positive finding” means the result of a scr
eening or an evaluation which indicates that a
client has a likelihood of a substance use disorder
or has a substance use disorder, respectively.
(ac) “Recovery support services” means services t
hat are provided to clients to support their
recovery from alcohol and other drug problems, and
prevent relapse.
(ad) “Section” means the group of clients taking
an IDEP course.
(ae) “Service plan” means the written individuali
zed plan of care created by a qualified
individual which is the result of a positive findin
g after a substance use disorder evaluation and whi
ch
includes the course of treatment and recovery suppo
rt services required to be completed by the client.
(af) “Substance use disorder evaluation (evaluati
on)” means a clinical face-to-face interview with
a client conducted by a qualified professional whic
h includes, but is not limited to, the following
elements: substance abuse history, legal history,
medical history, family substance abuse history,
psychiatric history, medication history, and curren
t substance use/abuse dependency status.
(ag) “Treatment” means the use of any planned, in
tentional intervention in the health, behavior,
personal, and/or family life of an individual suffe
ring from a substance use disorder designed to enab
le
the affected individual to achieve and maintain sob
riety, physical and mental health, and a maximum
functional ability.
Approved Rule - Effective 1/1/13 4
PART He-A 503 APPLICATION REQUIREMENTS
He-A 503.01 Approval Required for Delivery of IDC
MP Services
.
(a) No provider, institution, organization, corpo
ration, person, partnership, firm, or agency,
whether public or private, shall offer, advertise,
deliver, or provide services that are within the sc
ope of
He-A 500 without first submitting an application an
d obtaining approval from the commissioner.
(b) The department shall maintain, update, and pu
blish a list of approved providers of IDCMP
services.
(c) The department shall notify the NH attorney g
eneral’s office when a program is providing
IDCMP services to clients without proper approval o
f the commissioner.
He-A 503.02 Application Requirements
.
(a) Applicants for provision of IDCMP services sha
ll submit a completed application, “Impaired
Driver Care Management Program Application” (Novemb
er 2012), along with required supporting
documentation to the department.
(b) The applicant shall mail or hand-deliver the d
ocuments to:
Department of Health and Human Services
Bureau of Drug and Alcohol Services
Impaired Driver Services Coordinator
105 Pleasant Street
Concord, NH 03301
He-A 503.03 Processing of Applications and Issuanc
e of Approvals
.
(a) An application for an initial approval shall b
e complete when the department determines that
all items required by He-A 503.02(a) have been rece
ived.
(b) If an application does not contain all of the
items required by He-A 503.02(a), the department
shall notify the applicant in writing of the inform
ation required before the application can be proces
sed.
(c) After written notice in (b) above and the appl
icant’s failure to provide missing information,
an incomplete application shall not be processed.
(d) Applicants shall be notified within 90 days of
receipt of a complete application as to the
status of their application.
(e) The commissioner shall approve an IDCMP if the
commissioner determines that the applicant
has:
(1) Submitted to the department a complete applica
tion;
(2) Demonstrated professional capability by meetin
g the staffing requirements in He-A
504.04(g) and (h);
Approved Rule - Effective 1/1/13 5
(3) Demonstrated at least one year’s experience in
providing impaired driver services at least
comparable to an IDCMP and an IDEP;
(4) Demonstrated financial viability based on an a
nalysis that includes, but is not limited to,
the following:
a. Level of debt including management and provisio
ns for debtors;
b. Cash management and internal control policies a
nd procedures;
c. The most recent full-year audited financial rep
ort prepared in accordance with
Generally Accepted Accounting Principles (GAAP);
d. In the event that the agency is a start-up orga
nization, in lieu of an audited financial
report in c. above, a business plan which includes
the following:
(i) Executive summary that highlights the mission
and vision in 2 pages or less;
(ii) Company summary that provides a factual descr
iption of the organization,
ownership, and history;
(iii) Description of services to be provided and h
ow they compare to that of
competitors;
(iv) Market analysis that summarizes the client ba
se, competitive landscape,
market area, and expected market growth;
(v) Management summary that describes the backgrou
nd on the management team,
their experiences, and key accomplishments; and
(vi) Financial plan that contains key financials i
ncluding projected revenues, cash
flow, and profits; and
e. Ratio analysis that takes into account:
(i) Liquidity;
(ii) Capital structure;
(iii) Equity profile; and
(iv) Going concern considerations; and
(5) Demonstrated compliance with all applicable re
quirements of He-A 500.
(f) As a condition of approval, an IDCMP shall be
an approved ATR provider and actively enroll
clients in the ATR program.
(g) Applications may be submitted anytime througho
ut the year.
(h) All approvals issued shall be non-transferable
.
Approved Rule - Effective 1/1/13 6
He-A 503.04 Approval Expirations and Procedures fo
r Renewals
.
(a) An initial approval shall be valid on the date
of issuance and expire one year later on the last
day of the month it was issued unless a completed a
pplication for renewal has been received.
(b) Each IDCMP shall complete and submit to the de
partment an application form pursuant to
He-A 503.02(a) at least 90 days prior to the expira
tion of the current approval.
(c) If an IDCMP fails to submit a complete applica
tion for renewal as required under (a) and (b)
above, the IDCMP shall cease operation the day afte
r the current approval expires, and shall not opera
te
until a new written approval is obtained.
(d) An approval shall be renewed if the department
determines that the IDCMP:
(1) Submitted an application containing all the it
ems required by He-A 503.02(a), prior to
the expiration of the current approval;
(2) Submitted a plan of correction that has been a
ccepted by the department and
implemented by the IDCMP if deficiencies were cited
at the last on-site visit or
investigation; and
(3) Is found to be in compliance with He-A 500.
(e) A renewal approval shall be valid on the date
of issuance and expire 3 years later on the last
day of the month it was issued unless a completed a
pplication for renewal has been received.
He-A 503.05 Denial of an Initial or Renewal Applic
ation
. The department shall deny an
application for approval if, based on the informati
on in the application or from an on-site visit, the
applicant fails to meet the requirements of He-A 50
0 or if any of the factors in He-A 504.09(b) exists
.
He-A 503.06 Termination of Service
. If an IDCMP terminates its services for any reas
on, the
provider shall submit written notification of the t
ermination to the department 90 days prior to the
termination date.
He-A 503.07 Requirements for Organizational Change
s
.
(a) The IDCMP shall provide the bureau with writte
n notice at least 30 days prior to changes in
any of the following:
(1) Ownership;
(2) Physical location;
(3) Agency name; or
(5) Service delivery.
(b) The IDCMP shall complete and submit a new appl
ication and obtain a new approval prior to
operating for:
Approved Rule - Effective 1/1/13 7
(1) A change in ownership; or
(2) A change in the physical location.
(c) The IDCMP shall inform the bureau in writing a
s soon as possible prior to a change in key
personnel, such as executive director, program coor
dinator, and licensed or otherwise required
credentialed staff.
(d) The IDCMP shall inform the bureau in writing o
r via telephone as soon as possible of any
changes relative to the approved program that will
or have the potential to disrupt service delivery.
Approved Rule - Effective 1/1/13 8
PART He-A 504 GENERAL PROVIDER REQUIREMENTS
He-A 504.01 Web Information Technology System
.
(a) IDCMPs and IDSPs shall use the electronic cli
ent record system called Web Information
Technology System (WITS) to record, as applicable,
the first contact with a client, screening data,
assessment data, evaluation data, intake data, admi
ssion data, enrollment data, service provision data
,
billing data, and completion status data.
(b) The department shall make available to all ap
proved IDCMPs and IDSPs training on the
proper use of WITS modules specifically developed f
or the purposes outlined in (a) above. The
department shall also maintain WITS technical assis
tance for all approved providers on an ongoing basi
s
during normal business hours, Monday through Friday
. All new providers shall participate in this trai
ning
to maintain their approved status.
He-A 504.02 Privacy and Confidentiality
.
(a) All IDCMPs and IDSPs shall comply with the ap
plicable privacy and confidentiality
provisions in RSA 172:8-a, RSA 318-B:12, 42 CFR 401
.105, 42 CFR Part 2, and the “Standards for
Privacy for Individually Identifiable Health Inform
ation” (Privacy Rule), pursuant to the Administrati
ve
Simplification provisions of the Health Insurance P
ortability and Accountability Act of 1996 (HIPAA),
45 CFR Parts 160 and 164, Subparts A and E.
(b) All applicable program data that is associate
d with a particular client, or could be associated
with a particular client, shall be treated as publi
c health information, consistent with the privacy r
ule
described in (a) above.
He-A 504.03 Provider Acceptance of Clients
. All IDCMPs and IDSPs shall accept as a client an
y
person without regard to race, ethnicity, religion,
gender, sexual orientation, disability, language
proficiency, or ability to pay.
He-A 504.04 Operational Requirements
.
(a) IDCMPs shall be open to the public for a minim
um of 6 hours per day, 5 days per week, which
may include weekends.
(b) IDCMPs may be closed for a maximum of 2 days p
er week, either during weekdays or on
weekends, excluding holidays.
(c) IDCMPs shall have a voicemail system which is
maintained after business hours and which
indicates IDCMP business hours.
(d) While the IDCMP is open to the public, there s
hall be an IDCMP staff member(s) available to
answer telephones, respond to emails, accept walk-i
ns, conduct scheduled intakes, and conduct schedule
d
evaluations.
(e) IDCMPs shall respond to requests for service w
ithin one business day. Service requests shall
be accepted by telephone, including voicemail, in p
erson, or electronically by email or facsimile.
(f) Voicemail messages received shall be returned
within one business day.
Approved Rule - Effective 1/1/13 9
(g) An IDCMP shall hire and maintain sufficient qu
alified staff to provide the services required of
an IDCMP and to meet the needs of clients, includin
g at a minimum:
(1) A program director, who shall be responsible f
or the day-to-day operation of the IDCMP;
(2) At least one LADC or MLADC;
(3) At least one IDEP instructor, certified in acc
ordance with He-A 509;
(4) A care manager, who shall be responsible for e
nsuring clients’ compliance with their
service plans; and
(5) Other staff as needed to provide support servi
ces, such as overnight staff for a weekend
IDEP.
(h) There shall be no restriction on the number of
roles in (g) above a particular staff may provide,
provided that all roles in (g) above are met by the
IDCMP.
(i) The IDCMP shall develop and implement policies
and procedures which include, at a minimum,
the following:
(1) Client rights, including at a minimum:
a. Privacy and confidentiality in accordance with
He-A 504.02;
b. Acceptance of clients in accordance with He-A 5
04.03; and
c. Client grievances;
(2) Regulation of weapons of any kind on the premi
ses, as consistent with federal and state
law;
(3) Prohibition of alcohol and/or other drugs on t
he premises;
(4) Tobacco products and smoking;
(5) Use of electronic devices such as cell phones,
personal computers, and music devices;
(6) Medication policy, including the safe and secu
re storage of client prescription and over-
the-counter medication;
(7) Emergency procedures;
(8) In-service staff training;
(9) Tardiness to an IDEP session; and
(10) Agency contingency plans for unforeseen event
s such as loss of key personnel such as
the executive director, program coordinator, and li
censed or otherwise required credentialed
staff, including that the IDCMP shall notify the bu
reau within 14 days of such a change and
provide a plan for the continuation of services wit
hout disruption to clients.
Approved Rule - Effective 1/1/13 10
(j) In addition to the electronic client record ma
intained in the WITS system described in He-A
504.01, the IDCMP shall maintain a secure paper rec
ord for each client to include:
(1) Signed client consents;
(2) All documents required in He-A 507.01(b)(1); a
nd
(3) The client’s signed service plan, as applicabl
e.
(k) Client records shall be maintained for a perio
d of 10 years from the date of the client’s
conviction or the date of program completion, which
ever is later.
(l) Should the IDCMP cease operations, all client
records shall be surrendered to the bureau or any
successor agency of the department.
(m) The IDCMP shall report to the bureau, within o
ne business day, any critical incident and/or
sentinel event occurring at the IDCMP. If reported
by telephone and the bureau requests written notic
e,
the IDCMP shall provide written notice of the incid
ent.
(n) For the purposes of (m) above, a critical inci
dent or sentinel event includes, but is not limited
to:
(1) Any incident that requires a child or adult pr
otective services report to be sent to the
department’s division for children, youth and famil
ies or the department’s bureau of elderly
and adult services (BEAS), respectively;
(2) Any sexual contact or physical assault involvi
ng an IDCMP employee or staff and a
client, or any sexual contact or physical assault b
etween clients;
(3) Any unexpected occurrence involving the death
or serious physical or psychological
injury, or risk thereof, to a client;
(4) Any medical emergency involving staff or a cli
ent that requires emergency medical
attention, which shall include an incident that req
uires an emergency medical technician or
other emergency personnel at the provider’s locatio
n or a hospital emergency room visit;
(5) Any crime reportable to law enforcement; or
(6) Any other serious incident deemed by the IDCMP
to warrant notice to the bureau.
He-A 504.05 Physical Environment
.
(a) IDCMPs shall provide handicapped accessibility
into and within the provider’s buildings, in
compliance with the Americans with Disabilities Act
.
(b) IDCMPs shall have the following physical areas
for operations:
(1) A counseling room that is private so that conve
rsations cannot be overheard;
Approved Rule - Effective 1/1/13 11
(2) Office and administrative space where staff ca
n work privately with clients and/or
records;
(3) Secure areas for the protection and confidenti
ality of records; and
(4) Waiting room area.
(c) All areas in (b) above shall be maintained and
equipped to provide a sanitary, safe, and
comfortable environment, including all furnishings
in good repair and the premises free of hazards.
(d) An emergency and fire safety program shall be
developed and implemented to provide for the
safety of clients and staff, and emergency action s
teps shall be posted in conspicuous locations throu
ghout
the premises.
(e) If smoking is to be allowed, the IDCMP shall:
(1) Develop and implement smoking policies; and
(2) Designate smoking areas in accordance with RSA
155:66–69 that are either an outside
location or a room used only for smoking which:
a. Has a dedicated ventilation system, so that smo
ke or odors cannot escape or be
detected outside the designated smoking room;
b. Has walls and furnishings constructed of non-co
mbustible materials;
c. Has metal waste receptacles and safe ashtrays;
and
d. Is in compliance with the requirements of RSA 1
55:64-77, the Indoor Smoking Act.
He-A 504.06 Complaints
.
(a) The department shall investigate complaints th
at allege a violation of He-A 500.
(b) The following shall not be the subject of a co
mplaint:
(1) A positive finding after a screening or substa
nce use disorder evaluation;
(2) The required elements of a service plan;
(3) Changes to a service plan; and
(4) Compliance with the required elements of a ser
vice plan.
(c) The items in (b)(2) and (3) above may be the s
ubject of an appeal request to the department of
safety, division of motor vehicles, pursuant to RSA
265-A:40, VI, and Saf-C 204.20.
(d) When practicable, the complaint shall be in wr
iting and contain the following information:
(1) The name and address of the IDCMP;
Approved Rule - Effective 1/1/13 12
(2) The name, address, and telephone number of the
complainant; and
(3) A description of the situation that supports t
he complaint and the alleged violation(s) of
He-A 500.
(e) Upon notice of a complaint, the IDCMP shall co
operate with the department’s investigation by:
(1) Allowing department access to the IDCMP premis
es;
(2) Allowing IDCMP staff to be questioned by depar
tment representatives;
(3) Allowing department access to all client recor
ds and IDCMP business records at the
IDCMP premises; and
(4) Providing the department with copies of reques
ted documents.
(f) If the investigation results in deficiencies b
eing cited, the IDCMP shall be required to submit a
plan of correction in accordance with He-A 504.08(b
).
He-A 504.07 Program Compliance Monitoring
.
(a) For the purpose of determining compliance with
He-A 500, IDCMPs and applicants for
approval shall admit and allow any department repre
sentative at any time during its hours of operation
to:
(1) Inspect the IDCMP premises and any records req
uired by He-A 500;
(2) Monitor any program or service provided by the
IDCMP; and
(3) Verify the implementation of any plan of corre
ction (POC) accepted or issued by the
department.
(b) Visits may be scheduled or unscheduled, but sh
all take place during the IDCMP’s hours of
operation.
(c) Visits shall include the review of any element
in He-A 500 related to the provision of impaired
driver services.
(d) IDCMP staff shall cooperate fully with and ans
wer all questions of department representatives
regarding the provision of impaired driver services
.
(e) The department shall provide the IDCMP with a
written notice of any deficiencies or violations
of He-A 500 identified at the on-site visit.
He-A 504.08 Administrative Remedies
.
(a) The department shall impose administrative rem
edies for violations of He-A 500, including:
(1) Requiring an IDCMP to submit a plan of correct
ion (POC);
(2) Imposing a directed POC upon an IDCMP;
Approved Rule - Effective 1/1/13 13
(3) Suspension of an approval; or
(4) Withdrawal of an approval.
(b) A POC shall be developed and enforced in the f
ollowing manner:
(1) Upon receipt of a notice of deficiencies, the
IDCMP shall submit a POC detailing:
a. How the IDCMP intends to correct each deficienc
y;
b. What measures will be put in place, or what sys
tem changes will be made to
ensure that the deficiency does not recur; and
c. The date by which each deficiency shall be corr
ected;
(2) The IDCMP shall submit a POC to the department
within 21 calendar days of the date on
the notice in (1) above;
(3) The department shall review and accept each PO
C that:
a. Achieves compliance with He-A 500;
b. Addresses all deficiencies and deficient practi
ces as cited in the written notice
described in He-A 504.07(e);
c. Prevents a new violation of He-A 500 as a resul
t of the implementation of the
POC; and
d. Specifies the date upon which the deficiencies
will be corrected;
(4) If the POC is acceptable, the department shall
provide written notification of acceptance
of the POC;
(5) If the POC is not acceptable:
a. The department shall notify the IDCMP in writin
g of the reason for rejecting the
POC;
b. The IDCMP shall develop and submit a revised PO
C within 14 days of the date of
the written notification from the department that s
tates the original POC was rejected;
c. The revised POC shall comply with (1) above and
be reviewed in accordance with
(3) above; and
d. If the revised POC is not acceptable to the dep
artment, or is not submitted within
14 days of the date of the written notification fro
m the department that states the
original POC was rejected, the IDCMP shall be subje
ct to a directed POC in
accordance with (d) below;
(6) The department shall verify the implementation
of any POC that has been submitted and
accepted by:
Approved Rule - Effective 1/1/13 14
a. Reviewing materials submitted by the IDCMP;
b. Conducting a follow-up visit; or
c. Reviewing compliance during the next approval p
eriod visit;
(7) Verification of the implementation of any POC
shall only occur after the date of
completion specified by the IDCMP in the POC; and
(8) If the POC or revised POC has not been impleme
nted by the completion date at the time
of the next visit, the IDCMP shall be issued a dire
cted POC in accordance with (d) below.
(d) The department shall develop and impose a dire
cted POC that specifies corrective actions for
the IDCMP to implement when:
(1) As a result of an on-site visit, deficiencies
were identified that require immediate
corrective action to protect the health and safety
of the clients and employees or to ensure the
privacy and confidentiality of clients;
(2) A revised POC is not submitted within 14 days
of the written notification from the
department; or
(3) A revised POC submitted by the IDCMP has not b
een accepted.
(e) If at the time of the next on-site visit the d
irected POC in (d) above has not been implemented
by the completion date stated in the directed POC,
the department shall, as appropriate:
(1) Deny the application for a renewal of an appro
val; or
(2) Withdraw the approval in accordance with He-A
504.09(b).
He-A 504.09 Enforcement Actions and Hearings
.
(a) At the time of denying an application for appr
oval or withdrawing an approval, the
department shall send to the applicant or IDCMP wri
tten notice that sets forth:
(1) The action to be taken by the department;
(2) The reason(s) for the proposed action; and
(3) The right of an applicant or IDCMP to a hearin
g in accordance with He-C 200 before the
enforcement action becomes final.
(b) The department shall deny an application or wi
thdraw the approval of an IDCMP if:
(1) An applicant or an IDCMP has violated provisio
ns of He-A 500, or allowed conditions to
exist, which violations or conditions have the pote
ntial to harm a client’s health, safety or
well-being;
(2) An applicant, IDCMP, or any representative or
employee of the applicant or IDCMP:
Approved Rule - Effective 1/1/13 15
a. Has abused, exploited, neglected, or extorted a
client;
b. Has committed fraud;
c. Provides false or misleading information to the
department;
d. Prevents or interferes, or fails to cooperate w
ith any inspection or investigation
conducted by the department; or
e. Fails to provide requested files or documents t
o the department;
(3) The IDCMP failed to implement or continue to i
mplement a POC that has been accepted
or imposed by the department in accordance with He-
A 504.08;
(4) The IDCMP is cited a third time under He-A 500
for the same violations within the last 5
on-site visits;
(5) The IDCMP has failed to deliver the agreed-upo
n services or maintain applicable
provider standards; or
(6) The IDCMP is not or ceases to be an approved A
TR provider in good standing and
which actively enrolls clients in the ATR program.
(c) An applicant or an IDCMP shall have 30 days af
ter receipt of the notice of enforcement
action to request a hearing to contest the action.
(d) If a written request for a hearing is not made
pursuant to (c) above, the IDCMP shall waive
its right to a hearing and the action of the depart
ment shall become final.
(e) Hearings under this section shall be conducted
in accordance with RSA 541-A and He-C 200.
(f) No ongoing enforcement action shall preclude t
he imposition of any remedy available to the
department under RSA 541-A:30, III, or He-A 500.
He-A 504.10 Waivers
.
(a) The commissioner shall waive any element or p
ortion of these rules if the commissioner
determines that such a waiver would:
(1) Rectify problems unforeseen by the rules; or
(2) Assist a client in completing an IDCMP when st
rict adherence to the rules would be
unduly onerous due to unique circumstances beyond t
he client’s control.
(b) A written request for a waiver of specific pr
ocedures in these rules shall be made by the
director of the division of community based care se
rvices or by an IDCMP program director and shall be
submitted to the commissioner.
(c) A request for a waiver shall include:
Approved Rule - Effective 1/1/13 16
(1) A specific reference to the rule for which a w
aiver is being sought;
(2) A full explanation of why a waiver is necessar
y; and
(3) A full explanation of alternative procedures p
roposed, which detail how the intent of the
rule will be satisfied if the waiver is granted.
(d) A request for waiver shall be granted if the
commissioner determines that:
(1) The criteria described in (a) have been met;
(2) Strict compliance with the procedure(s) sought
to be waived does not contradict the intent
of these rules; and
(3) The alternative procedures proposed are at lea
st equivalent to the specific procedures
contained in the rule, or the alternative procedure
s proposed are not equivalent to the
procedures contained in the rule but are sufficient
to ensure that the intent of the relevant
provisions of the rule will be accomplished.
(e) Notwithstanding (d) above:
(1) No waiver shall be granted if the effect of th
e waiver would be to waive or modify any
state statute, unless a waiver is expressly allowed
by the statute that would be waived; and
(2) No waiver shall be granted if the effect of th
e waiver would be to wiave or modify any
federal requirement unless the federal statute or
regulation that establishes the requirements
allows for waivers.
(e) Subsequent compliance with the alternative pr
ocedures approved in the waiver shall be
considered to be in compliance with the rule for wh
ich waiver was sought.
Approved Rule - Effective 1/1/13 17
PART He-A 505 SCHEDULE OF FEES AND CHARGES
He-A 505.01 Schedule of Fees and Charges
.
(a) IDCMPs shall charge a client no more than the
following amounts:
(1) Intake $75, which shall be inclusive of any sc
reening conducted;
(2) Substance use disorder evaluation, $200;
(3) Care management, $30 per contact;
(4) Education program, including all course materi
als, $300;
(5) Weekend education program, including all cours
e materials and room and board, $485;
(6) Per client fee $70, which shall be the fee req
uired by RSA 265-A:39, III(g), and RSA
265-A:40, VII(g), to be paid to the department by t
he client and which is collected by the
IDCMP at intake; and
(7) For each day that an IDCMP staff is required t
o attend a sentencing court proceeding as a
result of a notice of non-compliance being sent in
accordance with He-A 507.06(k), $100 per
day.
(b) Clients shall make payment as follows:
(1) For the intake in (a)(1) above and for the eva
luation in (a)(2) above, clients shall make
payment on the date of service delivery, unless a p
ayment plan agreed to by the client and the
IDCMP has been arranged;
(2) For care management contacts in (a)(3) above,
the IDCMP may charge the client
individually for each contact or on a monthly basis
for 2 contacts, to be payable in a manner
determined by the IDCMP;
(3) For the education program in (a)(4) above and
for the weekend education program in
(a)(5) above, clients shall make payment on or befo
re the date of the first session, unless a
payment plan agreed to by the client and the IDCMP
has been arranged;
(4) The per client fee in (a)(6) above shall be pa
id to the department by the client at the time
of intake in accordance with He-A 505.03, unless th
e fee is waived as described in H-A
505.03(c); and
(5) For the fee in (a)(7), clients shall be billed
by the IDCMP and make payment in a manner
determined by the IDCMP.
(c) IDCMPs shall provide notice to the department
of any changes in fee amounts charged to
clients.
(d) IDCMPs shall not charge or collect from a cli
ent a fee:
Approved Rule - Effective 1/1/13 18
(1) For any drug or alcohol testing required by th
e service plan. Such fees shall be paid by
the client directly to the testing site;
(2) For any drug or alcohol testing conducted by a
n IDCMP to determine or confirm
impairment at any IDCMP or IDEP component; and
(3) For any fee that is being paid for by a public
ly funded program, including the ATR
program.
He-A 505.02 Reduced Fees for Hardship
.
(a) Per RSA 265-A:40, IV, clients who cannot pay
for IDCMP or impaired driver treatment
services may avail themselves of publicly funded pr
ograms.
(b) IDCMPs shall offer a reduced fee for hardship
for IDEPs as follows:
(1) A client shall be eligible for a reduced fee i
f they provide documentation that indicates
that they are currently receiving one of the follow
ing state or federal assistance benefits:
a. Temporary assistance to needy families;
b. Social Security disability;
c. Supplemental security income;
d. Aid to the permanently and totally disabled; or
e. Old age assistance;
(2) IDCMPs shall reduce the IDEP fees charged to t
he client by 50%; and
(3) A reduced fee shall not be available to a clie
nt for whom an evaluation is required
pursuant to He-A 507.03(a) and who chooses not to e
nroll and participate in the ATR
program.
(c) At intake an IDCMP shall inform clients of th
e reduced fee options available to them and shall
document such notice.
He-A 505.03 Per Client Fee
.
(a) Pursuant to RSA 265-A:39, III(g), and RSA 265
-A:40, VII(g), clients shall pay to the
department a per client fee to cover the department
al costs for monitoring course content and program
services, establishing and maintaining standards of
instruction, data collection, and administrative
support.
(b) The per client fee shall be $70 per client.
(c) The per client fee shall be waived for those
clients who receive a reduced fee for hardship, per
He-A 505.02.
(d) The per client fee shall be paid as follows:

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