New Hampshire - Skilled Respite Service — Licensing, Medicaid Enrollment and Startup Requirements
Last reviewed: 2026-09-10
The New Hampshire Department of Health and Human Services (DHHS) funds skilled nursing respite through the Developmental Disabilities (DD), Acquired Brain Disorders (ABD), and In-Home Supports (IHS) waivers, requiring providers to first obtain a Home Health Care Provider (HHCP) license under He-P 809. Because this service requires licensed nursing staff to manage complex medical needs, unlicensed respite agencies cannot provide this specific tier of care.
Approval to deliver this service mandates subcontracting with one of New Hampshire's ten designated regional Area Agencies, which act as Organized Health Care Delivery Systems (OHCDS). Providers must register with the Secretary of State, secure the HHCP license from the Health Facilities Administration, and enroll in the NH MMIS Health Enterprise Portal as a billing or rendering provider before an Area Agency will authorize service delivery.
1. Service Definition and Scope
In New Hampshire, skilled respite provides temporary relief to primary caregivers of individuals with complex medical needs whose care requires professional nursing oversight. This service is funded primarily through the state's 1915(c) home and community-based waivers.
Because the care needs exceed what an unlicensed caregiver can safely manage, the service must be delivered by licensed nursing personnel. Providers operate under the scope of a licensed home health agency to ensure clinical supervision and regulatory compliance.
- Target Population: Individuals enrolled in the DD, ABD, or IHS waivers who require nursing-level care during caregiver absence.
- Staffing Requirement: Services must be delivered directly by a Registered Nurse (RN) or Licensed Practical Nurse (LPN).
- Waiver Authority: Authorized under the 1915(c) Developmental Disabilities Waiver (#NH 0053.R05.00) and Acquired Brain Disorders Waiver (#NH 4177).
- Delivery Setting: Typically provided in the participant's family home or a licensed community setting.
2. Regulatory and Oversight Agencies
The New Hampshire Department of Health and Human Services (DHHS) is the single state Medicaid agency and oversees all waiver programs. Within DHHS, specific bureaus handle different aspects of provider approval and ongoing compliance.
Facility licensing is managed by the Health Facilities Administration, while waiver policy and Area Agency oversight are managed by the Bureau of Developmental Services.
- State Medicaid Agency: NH Department of Health and Human Services (https://www.dhhs.nh.gov/)
- Waiver Oversight: Bureau of Developmental Services (https://www.dhhs.nh.gov/programs-services/disability-care/developmental-services)
- Licensing Authority: Health Facilities Administration (https://www.dhhs.nh.gov/doing-business-dhhs/licensing-certification/health-facilities-administration)
- Medicaid Enrollment: NH MMIS Health Enterprise Portal (https://nhmmis.nh.gov/)
3. Gatekeeping Prerequisites: Who Can Even Apply
New Hampshire utilizes an Organized Health Care Delivery System (OHCDS) model for its developmental services waivers. Independent providers cannot simply enroll in Medicaid and begin billing for waiver services; they must integrate into the regional network.
The state is divided into ten regions, each managed by a designated Area Agency. Providers must secure a contract or pass-through billing arrangement with the local Area Agency to receive service authorizations.
- Area Agency Subcontracting: Providers must establish a contract with one of the 10 designated regional Area Agencies to provide waiver services.
- OHCDS Model: Area Agencies act as the OHCDS under He-M 505, controlling waiver service authorization and provider network inclusion.
- Licensure Prerequisite: An applicant must obtain a Home Health Care Provider (HHCP) license from the Health Facilities Administration before an Area Agency will contract for skilled nursing respite.
- Business Registration: Applicants must register their business name with the NH Secretary of State and obtain a Certificate of Authority or Certificate of Formation (https://quickstart.sos.nh.gov/online).
4. Licensure and Certification Requirements
To provide skilled nursing respite, an agency must be licensed as a Home Health Care Provider (HHCP) by the DHHS Health Facilities Administration. This ensures the agency has the clinical infrastructure to manage RNs and LPNs.
The licensure process involves submitting a detailed application, paying statutory fees, and proving local compliance for the agency's physical office location.
- Rule Citation: Governed by New Hampshire Code of Administrative Rules Chapter He-P 800, specifically He-P 809 for Home Health Care Providers.
- Application Fee: A $250 fee payable to the Treasurer, State of New Hampshire, in accordance with RSA 151:5, XI(b).
- Administrator Qualifications: The application must include a resume identifying the qualifications of, and copies of applicable licenses for, the HHCP administrator.
- Local Approvals: Applicants must submit written local approvals (zoning, health, and fire) for their physical office location as specified in He-P 809.04.
5. Medicaid Provider Enrollment
All providers of DD, ABD, and IHS waiver services must be enrolled in the New Hampshire Medicaid program, regardless of whether they bill directly or use a third-party biller. Enrollment is processed through the NH MMIS Health Enterprise Portal.
Agencies typically enroll using the Group Provider Enrollment Application or Facility/Entity Provider Enrollment Application, linking their rendering nurses to the group profile.
- Enrollment System: Applications are submitted online via the NH MMIS Health Enterprise Portal.
- Taxonomy Code: A 10-digit taxonomy code matching the provider's NPI registry data is required for all medical billing groups.
- Electronic Claims: Providers must select the New Hampshire MMIS Health Enterprise System Web Portal option to enable electronic claims submission.
- Group Affiliation: Agencies must add the 7-digit Medicaid IDs or NPIs of all individual affiliated rendering providers (nurses) to their group application.
6. Staffing, Training and Background Checks
Because this is a skilled service, all direct care staff must hold active nursing licenses in New Hampshire. The agency is responsible for verifying credentials and ensuring compliance with state background check mandates.
Additionally, staff must complete waiver-specific training overseen by the state to understand the unique needs of the developmental disability and acquired brain disorder populations.
- Professional Licensure: Rendering staff must hold active, unencumbered NH Registered Nurse (RN) or Licensed Practical Nurse (LPN) licenses.
- Background Checks: A Fingerprint-based Criminal Background Check (FCBC) is required based on the DHHS risk level assessment for the provider type.
- Waiver Training: Staff must complete training approved by the Statewide Training Committee for DD/ABD services, facilitated by the Community Support Network Incorporated (CSNI).
- Administrator Credentials: The agency administrator must maintain current professional licenses as submitted during the initial HFA licensure process.
7. Documentation, Policies and Records
Providers must maintain rigorous clinical and administrative records to comply with both HFA licensing rules and Medicaid waiver requirements. Documentation is subject to review by DHHS and the regional Area Agencies.
Agencies must also keep their Medicaid enrollment profiles strictly updated, reporting any changes in ownership, location, or adverse actions immediately.
- Service Agreements: Providers must maintain copies of the participant's DHHS-LTSS approved service agreement under He-M 521, 524, or 525.
- Adverse Action Disclosures: Any past adverse actions require a copy of the original action or a dated, signed statement submitted with the MMIS application.
- Address Updates: Providers must notify HFA and MMIS of any physical address changes and submit new local approval forms for the new location.
- Ownership Disclosures: Agencies must disclose all owners and subcontractors, including effective dates of ownership, during the Medicaid enrollment process.
8. Billing, Rates and Claims
Billing for waiver-funded skilled respite is heavily mediated by the Area Agencies. While providers must be enrolled in Medicaid, claims are often processed through the OHCDS rather than billed directly to the state by the nursing agency.
Rates are determined based on the participant's approved service agreement and the Bureau of Developmental Services budget templates.
- Pass-Through Billing: Authorized under 42 CFR 447.10(g)(3), allowing the Area Agency (OHCDS) to act as the enrolled provider for billing while subcontracting service provision.
- Direct Billing Option: Providers can elect to bill directly through the NH MMIS Health Enterprise Portal if established as a trading partner and authorized by the Area Agency.
- Service Authorization Letters: Sent directly to the provider's MMIS inbox; routing preferences can be updated via the Provider Relations Call Center.
- Rate Setting: Reimbursement rates are tied to the individual's approved budget and negotiated within the parameters of the BDS Budget Templates.
9. Approval Sequence and Timeline
Becoming a skilled respite provider in New Hampshire is a multi-step, sequential process. A provider cannot contract with an Area Agency without a license, and cannot get a license without business registration.
Applicants should expect the process to take several months, factoring in local zoning approvals, state licensure surveys, and Medicaid enrollment processing times.
- Step 1: Register the business entity with the NH Secretary of State.
- Step 2: Obtain local zoning, health, and fire approvals for the physical office location.
- Step 3: Submit the HHCP license application and $250 fee to the Health Facilities Administration.
- Step 4: Complete the Group Provider Enrollment application on the NH MMIS Health Enterprise Portal.
- Step 5: Negotiate and execute a subcontract with a regional Area Agency to receive service authorizations.
10. Common Denials and Survey Findings
Applications are frequently delayed or denied due to administrative omissions rather than clinical deficiencies. Missing documentation at the local or state level is a primary cause of application rejection.
During surveys, agencies often face citations for failing to maintain updated service agreements or lapsing on required background checks.
- Missing Local Approvals: HFA applications are routinely rejected for lacking written local zoning, health, or fire approvals for the office location.
- Taxonomy Mismatches: MMIS enrollment denials occur when the taxonomy codes entered on the application do not match the provider's NPI registry data.
- Incomplete Background Checks: Delays in processing Fingerprint-based Criminal Background Checks (FCBC) for owners or rendering staff halt enrollment.
- Lack of OHCDS Contract: Providers successfully licensed and enrolled may still be unable to bill if they fail to secure a subcontract with an Area Agency.
11. Key Contacts and Resources
Providers must interact with multiple state systems and bureaus to maintain compliance. The NH MMIS portal and the Health Facilities Administration are the primary technical contacts.
For waiver-specific policy questions and network access, providers should contact the Bureau of Developmental Services and their regional Area Agency.
- NH Medicaid Provider Relations Call Center: 866-291-1674
- NH MMIS Health Enterprise Portal: https://nhmmis.nh.gov/
- Health Facilities Administration: https://www.dhhs.nh.gov/doing-business-dhhs/licensing-certification/health-facilities-administration
- Bureau of Developmental Services: https://www.dhhs.nh.gov/programs-services/disability-care/developmental-services
- NH Secretary of State Business Portal: https://quickstart.sos.nh.gov/online
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