CHAPTER He-W 600  FINANCIAL ASSISTANCE AND ELIGIBILITY FOR MEDICAL CARE

 

REVISION NOTE #1:

 

          Document #5171, effective 6-26-96, readopted with amendments Chapter He-W 600.  Document #5171 made extensive changes to the wording, format, and numbering of the former Chapter He-W 600.

 

          Document #5171 superseded all prior filings for the former Chapter He-W 600.  The filings affecting the former Chapter He-W 600 included the following documents:

 

#1771, eff 7-2-81

#1802, eff 9-1-81

#1803, eff 9-1-81

#1805, eff 9-1-81

#1872, eff 1-4-82

#1883, eff 12-7-81

#1898, eff 12-25-81

#1905, eff 1-1-82

#1906, eff 1-1- 82 or 1-31-82

#1937, eff 2-1-82

#1940, eff 2-1-82

#1963, eff 1-29-82

#1980, eff 3-22-82

#1996, eff 4-8-82

#2041, eff 6-3-82

#2247, eff 12-31-82

#2394, eff 6-30-83

#2397, eff 6-30-83

#2435(E), eff 7-1-83

#2436(E), eff 7-1-83

#2498, eff 10-3-83

#2516, eff 10-5-83

#2517, eff 10-5-83

#2533(E), eff 11-2-83

#2568, eff 12-28-83

#2569, eff 12-28-83

#2637(E), eff 3-2-84

#2654, eff 3-23-84

#2691, eff 4-24-84

#2751, eff 6-14-84

#2754, eff 6-14-84

#2755, eff 6-14-84

#2768(E), eff 6-29-84

#2779, eff 7-24-84

#2850, eff 9-21-84

#2869(E), eff 10-1-84

#2870(E), eff 10-1-84

#2905, eff 11-14-84

#2937(E), eff 12-27-84

#2966, eff 1-24-85

#2967, eff 1-24-85

#2968, eff 1-24-85

#2995, eff 3-27-85

#2996, eff 3-27-85

#3042, eff 6-26-85

#3121, eff 9-25-85

#3122, eff 9-25-85

#3123, eff 9-25-85

#3153(E), eff 12-20-85

#3165, eff 12-26-85

#3183, eff 1-22-86

#4077, eff 6-30-96

#4078, eff 6-30-86

#4139, eff 9-29-86

#4140, eff 9-29-86

#4141, eff 9-29-86

#4142, eff 9-29-86

#4208, eff 1-19-87

#4219, eff 1-26-87

#4220, eff 1-26-87

#4243, eff 3-30-87

#4244, eff 3-30-87

#4245, eff 3-30-87

#4258, eff 4-24-87

#4331, eff 10-27-91

#4332, eff 10-27-87

#4379, eff 3-4-88

#4390, eff 3-24-88

#4400, eff 4-21-88

#4401, eff 4-21-88

#4402, eff 4-21-88

#4403, eff 4-21-88

#4404, eff 4-21-88

#4423, eff 5-25-88

#4448, eff 6-22-88

#4512, eff 10-26-88

#4513, eff 10-26-88

#4514, eff 10-26-88

#4554, eff 12-27-88

#4560-A, eff 1-1-89

#4571, eff 1-31-89

#4612, eff 6-17-89

#4643, eff 7-3-89

#4644, eff 7-3-89

#4677, eff 10-2-89

#4679, eff 10-1-89

#4680, eff 10-4-89

#4681, eff 10-4-89

#4709, eff 11-22-89

#4710, eff 12-1-89

#4711, eff 12-1-89

#4749, eff 1-26-90

#4755, eff 1-30-90

#4848, eff 6-29-90

#4849, eff 6-22-90

#4882, eff 7-31-90

#4909, eff 8-17-90

#4943, eff 10-1-90

#5030, eff 12-24-90

#5055, eff 1-25-91

#5123, eff 4-25-91

 

 

REVISION NOTE #2:

 

          In response to a request in 2012 by the Department of Health and Human Services to the Director of the Office of Legislative Services (OLS), the former definitions in the rule sections in Part He-W 601 have been editorially re-numbered pursuant to RSA 541-A:15, I as paragraphs within He-W 601.01 through He-W 601.08 as described in the cross-reference table below.

 

          The table relates the new rule paragraphs in He-W 601.01 through He-W 601.08 to the former rule section numbers, identifying the term defined in each definition as it had been used in the section heading.  The information in the table for the source notes for the definitions includes the document numbers and effective dates for the rules under the former section number, so the reader can examine the dates applicable to the effective rules in the renumbered He-W 601.  The information is correct as of December 13, 2012, when the re-numbered rules in He-W 601 were certified by the Commissioner of the Department of Health and Human Services as the same in substance as originally filed.

 

          The renumbered definitions in He-W 601.01 through He-W 601.08 supersede all prior filings for rules in the former He-W 601.  However, these certified changes by the Department do not affect the adoption, effective, or expiration dates of the text of the rules as filed in the former He-W 601.

 

          The following documents contain the rules in the former He-W 601 in effect as of December 13, 2012:

 

          #8452, eff 10-22-05                              #9276, eff 10-1-08

          #8596, eff 3-30-06                                #9893, eff 6-26-11

          #8684, eff 7-21-06                                #9980, eff 8-20-11

          #8865, eff 4-13-07                                #10077, eff 3-1-12

          #9123, eff 4-3-08                                  #10139, eff 7-1-12

          #9174, eff 6-7-08                                  #10163, eff 7-26-12

          #9275, eff 9-20-08

 

New Paragraph

Old

Section #

Definition

Source Note

601.01 (a)

601.01

Adoptive parent

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.01 (b)

601.02

Adult

601.01 (c)

601.03

Adult category

601.01 (d)

601.04

Advance notice

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; rpld by #5819, eff 4-29-94

 

New.  #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.01 (e)

601.05

Advance notice period (ANP)

601.01 (f)

601.06

Aid and attendance

601.01 (g)

601.07

Aid to families with dependent children (AFDC)

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.01 (h)

601.08

Aid to the needy blind (ANB)

601.01 (i)

601.09

Aid to the permanently and totally disabled (APTD)

601.01 (j)

601.10

Alien

601.01 (k)

601.11

Alimony

601.01 (l)

601.12

Allowable deduction

601.01 (m)

601.13

Annuity

601.01 (n)

601.15

Applicant

601.01 (o)

601.16

Applicant Spouse

601.01 (p)

601.17

Application

601.01 (q)

601.18

Appraisal

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5528, eff 12-14-92; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.01 (r)

601.19

Assets

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #661, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.01 (s)

601.20

Assignment of rights to child support

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.01 (t)

601.21

Assistance payment

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06

 

601.01 (u)

601.22

Assistance group

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8050, eff 3-1-04; ss by #10077, eff 3-1-12

 

601.01 (v)

601.23

Asylee

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.01 (w)

601.24

Authorized representative

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5528, eff 12-14-92; ss by #6241, eff 5-4-96; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.01 (x)

601.25

Available income

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.02 (a)

601.26

Basic maintenance needs allowance (BMNA)

601.02 (b)

601.27

Basic maintenance payment allowance (BMPA)

601.02 (c)

601.28

Beneficiary

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (d)

601.30

Boarding arrangement

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.02 (e)

601.31

Budgetary unit

601.02 (f)

601.32

Burial plot

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5901, eff 10-1-94; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (g)

601.33

Cap

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (h)

601.34

Caretaker relative

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5769, eff 1-3-94; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (i)

601.35

Case

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (j)

601.36

Casehead

601.02 (k)

601.37

Case income

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5530, eff 12-16-92; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (l)

601.381

Cash account

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06

 

601.02 (m)

601.40

Category of assistance

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (n)

601.41

Certified

601.02 (o)

601.42

Child

601.02 (p)

601.43

Citizen

601.02 (q)

601.44

Client

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5992, eff 2-25-95; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (r)

601.45

Community residence

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.02 (s)

601.46

Continuing care retirement communities (CCRC)

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97, EXPIRED: 10-24-05

 

New.  #8865, eff 4-13-07

 

601.02 (t)

601.47

Corrective payment

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.02 (u)

601.48

Countable income

601.02 (v)

601.49

Countable resources

601.03 (a)

601.50

Date of application

601.03 (b)

601.51

Deemed income

601.03 (c)

601.52

Deemed resources

601.03 (d)

601.53

Deep subsidy

601.03 (e)

601.55

Dependent child

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6672, eff 1-26-98; ss by #8452, eff 10-22-05; ss by #9123, eff  4-3-08; ss by #9275, eff 9-20-08

 

601.03 (f)

601.56

Deprivation

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.03 (g)

601.57

Desk review

601.03 (h)

601.58

Disregard

601.03 (i)

601.59

District office

601.03 (j)

601.60

Documentary evidence

601.03 (k)

601.61

Earned income

601.03 (l)

601.62

Earned income disregard

601.03 (m)

601.621

Electronic benefit transfer (EBT)

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06

601.03 (n)

601.622

Electronic funds transfer (EFT)

601.03 (o)

601.63

Employment expense disregard

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.03 (p)

601.64

Employment-related disregards

601.03 (q)

601.65

Employment requirements

601.03 (r)

601.66

Encumbrance

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; rpld by #5528, eff 12-14-92

 

New.  #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.03 (s)

601.67

Equity value

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.03 (t)

601.68

Excluded income

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5819, eff 4-29-94; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.03 (u)

601.69

Excluded resources

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.04 (a)

601.70

Face value

601.04 (b)

601.71

Fair market value

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6740, eff 4-25-98; ss by #7295, eff  6-1-00, EXPIRED: 6-1-08

 

New.  #9174, eff 6-7-08

 

601.04 (c)

601.72

Family

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.04 (d)

601.73

Family assistance program (FAP)

601.04 (e)

601.731

Families with older children

Source.  #9123, eff 4-3-08

601.04 (f)

601.74

Family member

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.04 (g)

601.741

Financial assistance to needy families

Source.  #9123, eff 4-3-08; ss by #9275, eff 9-20-08; ss by #10163, eff 7-26-12

 

601.04 (h)

601.75

4 month extended MA

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.04 (i)

601.76

Good cause

601.04 (j)

601.78

Good faith effort to sell real property

601.04 (k)

601.79

Grant

601.04 (l)

601.80

Grantor

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.04 (m)

601.81

Gross earned income for an individual employed by another

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.04 (n)

601.82

Gross earned income for self-employed individuals

601.04 (o)

601.83

Gross income

601.04 (p)

601.84

Home

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.04 (q)

601.85

Home and community-based care (HCBC)

601.04 (r)

601.86

HUD 236 housing

601.05 (a)

601.87

Immigrant

601.05 (b)

601.88

In and out medical assistance

601.05 (c)

601.89

Income

601.05 (d)

601.90

Independent living arrangement

601.05 (e)

601.91

Inmate

601.05 (f)

601.92

Institutionalized individual

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5447, eff 10-1-92; rpld by #5901, eff 10-1-94

 

New.  #6111, eff 11-1-95; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.05 (g)

601.93

Insured

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.05 (h)

601.94

Investigation

601.05 (i)

601.941

Interim disabled parent

Source.  #9123, eff 4-3-08

601.05 (j)

601.95

Irrevocable trust

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.05 (k)

601.96

Leading to a certificate, degree or diploma

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.05 (l)

601.97

Level of eligibility

601.05 (m)

601.98

Liable relative

601.05 (n)

601.99

Licensed

601.05 (o)

601.101

Life owner

601.05 (p)

601.102

Medicaid

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #8865, eff 4-13-07; ss by #10139, eff 7-1-12

601.05 (q)

601.1021

Medical coverage for pregnant women

Source.  #7004, eff 5-26-99, EXPIRED: 5-26-07

 

New.  #9980, eff 8-20-11

601.05 (r)

601.103

Minor casehead

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.05 (s)

601.105

Natural parent

601.05 (t)

601.106

Needy essential person

601.05 (u)

601.108

Net earned income

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5819, eff 4-29-94; ss by #5895, eff 9-15-94; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.05 (v)

601.109

Net income

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5895, eff 9-15-94; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.05 (w)

601.110

New Hampshire employment program

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.05 (x)

601.1101

Nonapplicant spouse

Source.  #7342, eff 10-1-00; ss by #9276, eff 10-1-08

601.05 (y)

601.111

Notice of decision

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.05 (z)

601.112

Nursing facility

601.06 (a)

601.116

Overpayment

601.06 (b)

601.117

Parent

601.06 (c)

601.118

Parental support or care

601.06 (d)

601.119

Patient

601.06 (e)

601.1191

Payment from a trust

Source.  (See Revision Note at Chapter Heading He-W 600) rsvd by #5171, eff 6-26-91; ss by #6740, eff 4-25-98; ss by #8596, eff 3-30-06

 

601.06 (f)

601.120

Payment period

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06

 

601.06 (g)

601.121

Payment standard

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5530, eff 12-16-92; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #7342, eff 10-1-00; ss by #9276, eff 10-1-08

 

601.06 (h)

601.1212

Penalty period

Source.  (See Revision Note at Chapter Heading He-W 600) rsvd by #5171, eff 6-26-91; ss by #6740, eff 4-25-98; ss by #8596, eff 3-30-06

 

601.06 (i)

601.122

Period of ineligibility

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.06 (j)

601.123

Permanently and totally disabled

601.06 (k)

601.1231

Personal identification number

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06

 

601.06 (l)

601.124

Personal interview

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5528, eff 12-14-92; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.06 (m)

601.125

Personal property

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.06 (n)

601.126

Personal property resources

601.06 (o)

601.127

Plan for achieving self support (PASS)

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5248, eff 10-16-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.06 (p)

601.130

Principal wage earner

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10163, eff 7-26-12

 

601.06 (q)

601.131

Private institution

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.06 (r)

601.132

Privately owned home

601.06 (s)

601.133

Protected income level (PIL)

601.06 (t)

601.134

Protective payee

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06

 

601.06 (u)

601.135

Protective payments

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.06 (v)

601.137

Public institution

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.06 (w)

601.138

Questionable

601.07 (a)

601.139

Real property resources

601.07 (b)

601.140

Recipient

601.07 (c)

601.141

Recoupment

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5528, eff 12-14-92; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (d)

601.144

Rental housing

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.07 (e)

601.145

Resident

601.07 (f)

601.146

Resources

601.07 (g)

601.147

Responsible parent

601.07 (h)

601.148

Retroactive month

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6195, eff 2-24-96; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (i)

601.149

Retroactive trust

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (j)

601.150

Rooming arrangement

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (k)

601.151

Sanction

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; rpld by #5819, eff 4-29-94

 

New.  #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (l)

601.152

Separate medical assistance case

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (m)

601.1521

Similar legal device

Source.  (See Revision Note at Chapter Heading He-W 600) rsvd by #5171, eff 6-26-91; ss by #6740, eff 4-25-98; ss by #8596, eff 3-30-06; ss by #8865, eff 4-13-07

 

601.07 (n)

601.156

Specified relative

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6007, eff 3-24-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (o)

601.158

Standard disregard

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (p)

601.159

Standard of need

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5530, eff 12-16-92; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (q)

601.160

Standard of need -NHEP/FAP

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (r)

601.161

Stepparent

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (s)

601.162

Strike

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5530, eff 12-16-92; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.07 (t)

601.163

Student

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

601.07 (u)

601.164

Student loans

601.07 (v)

601.165

Sworn statement

601.08 (a)

601.166

Technical and vocational training

601.08 (b)

601.167

Temporary absence

601.08 (c)

601.168

Temporary adjustment period

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #7911, eff 7-1-03; ss by #9893, eff 6-26-11

 

601.08 (d)

601.169

Termination

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #7911, eff 7-1-03; ss by #8452, eff 10-22-05

 

601.08 (e)

601.170

Title IV-D requirements (IV-D)

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.08 (f)

601.171

Title XX funds

601.08 (g)

601.172

Trust

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.08 (h)

601.173

Trustee

601.08 (i)

601.174

Uncompensated value

601.08 (j)

601.175

Underpayment

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

601.08 (k)

601.176

Unearned income

601.08 (l)

601.1761

Unemployed parent (UP)

Source.  #9123, eff 4-3-08; ss by #10163, eff 7-26-12

 

601.08 (m)

601.177

Vendor payee

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

PART He-W 601  DEFINITIONS

 

          He-W 601.01  Definitions A.

 

          (a)  “Adoptive parent” means, for the purposes of deprivation of support or care, an individual who has legally adopted a child and has therefore assumed the same parental rights and responsibilities for such child as a natural parent.

 

          (b)  “Adult” means any individual age 18 or older, except as modified by various program policies.

 

          (c)  “Adult category” means the financial or medical assistance program under old age assistance (OAA), medicaid for employed adults with disabilities (MEAD), aid to the needy blind (ANB), and aid to the permanently and totally disabled (APTD).

 

          (d)  “Advance notice” means a written decision which is generated to a casehead prior to a negative change in benefits.

 

          (e)  “Advance notice period (ANP)” means the period of time from the date a notice of decision denying, decreasing or terminating benefits is generated to a casehead to the date the change takes effect.

 

          (f)  “Aid and attendance” means a veterans affairs allowance.

 

          (g)  “Aid to families with dependent children (AFDC)” means the financial and medical assistance program in effect prior to October 1, 1996.

 

          (h)  “Aid to the needy blind (ANB)” means the financial and medical assistance program as defined in RSA 167:6,IV.

 

          (i)  “Aid to the permanently and totally disabled (APTD)” means the financial and medical assistance program as defined in RSA 167:6,VI.

 

          (j)  “Alien” means any individual who is not a citizen of the U.S.

 

          (k)  “Alimony” means payments for maintenance and care made to and on behalf of a former or estranged spouse.

 

          (l)  “Allowable deduction” means an amount subtracted from case income which represents an expense that is or was paid by an assistance group member or other person whose income is counted in the determination of eligibility.

 

          (m)  “Annuity” means any instrument which gives the right to receive fixed, periodic payments, either for life or a term of years.

 

          (n)  “Applicant” means a person on whose behalf application is being made for any of the department's programs.

 

          (o)  “Applicant spouse” means the spouse of an OAA, ANB, MEAD, or APTD applicant or recipient who lives with the OAA, ANB, MEAD, or APTD applicant or recipient in an independent living arrangement and is also applying for or receiving OAA, ANB, MEAD, or APTD financial or medical assistance.

 

          (p)  “Application” means a formal request for assistance or services pursuant to RSA 167:8, which is signed and dated by an individual or authorized representative.

 

          (q)  “Appraisal” means the evaluation by the NH department of health and human services (department) of the employment history, preferences, skills, and potential barriers to employment of an NHEP participant to determine employability and support service needs.

 

          (r)  “Assets” means all income and resources of a medicaid applicant or recipient and of the medicaid applicant's or recipient's spouse.  The term includes income or resources which the medicaid applicant or recipient or their spouse is entitled to but does not receive because of any action by the applicant or recipient or their spouse, or a person, including a court or administrative body with legal authority to act in place of or on behalf of the applicant or recipient or his or her spouse, or any person, including a court or administrative body, acting at the direction or upon the request of the applicant or recipient or their spouse.

 

          (s)  “Assignment of rights to child support” means a process whereby the right to receive and collect an individual's financial and medical child support is transferred to the department for the purpose of reimbursing payments made on behalf of children who receive FANF financial assistance.

 

          (t)  “Assistance payment” means the negotiable bank warrant issued to recipients of financial assistance.

 

          (u)  “Assistance group (AG)” means the individuals living together with or without benefit of a dwelling pursuant to He-W 630.01(a), whose needs, income, and/or resources are considered and combined together when determining eligibility or the amount of benefits for financial or medical assistance.

 

          (v)  “Asylee” means an alien granted political asylum by the U.S. Attorney General.

 

          (w)  “Authorized representative (AR)” means an individual acting on behalf of the casehead in some or all of the aspects of initial and continuing eligibility.

 

          (x)  “Available income (AI)” means all income which is regular and recurring and income which is treated as available for use regardless of actual receipt.

 

Source.  (See Revision Note #1 and Revision Note #2 at Chapter Heading He-W 600); ss by #10399, eff 10-21-13

 

          He-W 601.02  Definitions B–C.

 

          (a)  “Basic maintenance needs allowance (BMNA)” means, for FANF financial and categorically needy medical assistance, the dollar amount that is included in the standard of need for monthly basic needs, excluding shelter costs.

 

          (b)  “Basic maintenance payment allowance (BMPA)” means, for FANF financial and categorically needy medical assistance, the dollar amount that is included in the payment standard for monthly basic needs, excluding shelter costs.

 

          (c)  “Beneficiary” means any individual or individuals, designated in a trust instrument as benefiting in some way from the trust.

 

          (d)  “Boarding arrangement” for the FANF program means that the assistance group makes, at a minimum, one fixed payment for lodging and meals or makes one payment for lodging and another for meals, regardless of whether the assistance group lives in a relative's home or another person's home.

 

          (e)  “Budgetary unit” means a group of individuals who are:

 

(1)  Residing in the same housing unit; and

 

(2)  Whose needs are taken into account in identifying the income and resource levels against which countable income and resources are measured to determine eligibility for FANF medical assistance.

 

          (f)  “Burial plot” means a conventional gravesite, crypt, mausoleum, urn or other repository which is customarily and traditionally used for the remains of a deceased person.

 

          (g)  “Cap” means the gross income eligibility ceiling for the categorically needy level of eligibility for adult categories of assistance.

 

          (h)  “Caretaker relative” means an individual who is not the biological parent, but is legally related to, and providing care for, the children in an assistance group.

 

          (i)  “Case” means the group of programs associated with a particular casehead, including financial assistance, medical assistance, food stamp or social service programs or any combination of the above.

 

          (j)  “Casehead” means the individual under whose name the case is listed.

 

          (k)  “Case income” means the combined countable income of all assistance group members.

 

          (l)  “Cash account” means the EBT account established by the department into which funds are deposited for the purpose of providing assistance payments to individuals eligible for any of the department’s financial assistance programs.

 

          (m)  “Category of assistance” means the types of financial or medical assistance offered by the department, such as FANF, OAA, ANB, MEAD, or APTD.

 

          (n)  “Certified” as it relates to nursing facilities, means approval by the division of public health services as meeting federal financial participation requirements for Medicare and Medicaid.

 

          (o)  “Child” means a natural, adoptive, or step-dependent, pursuant to RSA 167:78,VI.

 

          (p)  “Citizen” means a person born in the United States (U.S.) or born overseas to a parent born in the U.S., or someone who becomes a citizen through the naturalization process.

 

          (q)  “Client” means a person for whom assistance is being requested or who is receiving assistance under any of the department's financial or medical assistance programs.

 

          (r)  “Community residence” means a:

 

(1)  Residential facility which:

 

a.  Provides housing on a 24-hour basis to mentally ill or developmentally impaired people; and

 

b.  Receives funds or applies to receive funds from the department, community mental health programs, or area agencies; or

 

(2)  Residential facility which houses mentally ill or developmentally impaired persons who receive or might be eligible to receive the monthly allowance for shared homes and community living home residents, established pursuant to RSA 126-A:19.

 

          (s)  “Continuing Care Retirement Communities (CCRC)” means, for the purpose of Medicaid eligibility, a community that offers a lifetime contract to its residents allowing a resident to age in place, guaranteeing services such as meals, housekeeping, maintenance, medical and nursing care, if needed, for the payment of specified fees.  CCRC’s offer multiple levels of care, such as independent living, assisted living and nursing home care, allowing a resident to age in place.

 

          (t)  “Corrective payment” means the payment of money to a recipient who received less than he or she was entitled to receive as determined by the department, including determinations by the department's administrative appeals officer.

 

          (u)  “Countable income” means available income less excluded income and adjustments for determining the gross amount.

 

          (v)  “Countable resources” means real or personal property which is considered in determining eligibility.

 

Source.  (See Revision Note #1 and Revision Note #2 at Chapter Heading He-W 600); ss by #10399, eff 10-21-13

 

          He-W 601.03  Definitions D–E.

 

          (a)  “Date of application” means the date on which a signed application for assistance is received at the district office.

 

          (b)  “Deemed income” means income which is considered available for use regardless of actual receipt.

 

          (c)  “Deemed resources” means that real and personal property which is considered to be available to an assistance group whether or not the property is owned by a member of the assistance group.

 

          (d)  “Deep subsidy” means any federally assisted housing, rental subsidy program in which the tenant pays only a certain percentage of household income, or, for FANF recipients, pays an amount equal to the maximum FANF shelter allowance towards the fair market rent of the housing unit.

 

          (e)  “Dependent child” means a child who is living in the home of a specified relative pursuant to RSA 167:78,XXIII and is:

 

(1)  For the purposes of the NHEP, FAP, and IDP categories of financial and medical assistance, a child under the age of 18, or under the age of 19 and a full-time student in a secondary school or the equivalent level of vocational or technical training;

 

(2)  For the purposes of UP medical assistance, a child under the age of 18, or under the age of 20 and a full-time student in a secondary school or the equivalent level of vocational or technical training; or

 

(3)  For the purposes of the FWOC category of financial and medical assistance, a child at least age 19 and up to age 20 and a full-time student in a secondary school or the equivalent level of vocational or technical training.

 

          (f)  “Deprivation” means the interruption or termination of one or both parent's function as a provider of maintenance, physical care and guidance for the child due to death, continued absence, unemployment or physical or mental incapacity.

 

          (g)  “Desk review” means verification of a reported or discovered change in an eligibility factor or case circumstance and the resultant adjustments to case eligibility or benefits, if any.

 

          (h)  “Disregard” means an amount subtracted from individual or case income which is retained by the client and is not counted in the determination of eligibility or the amount of assistance.

 

          (i)  “District office” means the 12 offices where clients apply for services provided by the department.

 

          (j)  “Documentary evidence” means written supportive information which authenticates and confirms that certain conditions or circumstances upon which good cause is predicated do, in fact, exist.

 

          (k)  “Earned income” means cash or in-kind benefits received as payment for work performed either as an employee, through the receipt of wages, salaries, tips or commissions, or as a self-employed individual.

 

          (l)  “Earned income disregard” means an amount which is computed and subtracted from earned income.

 

          (m)  “Electronic benefit transfer (EBT)” means the method of issuing financial assistance benefits to an account which is accessed by an individual with a magnetic stripe debit card.

 

          (n)  “Electronic funds transfer (EFT)” means the method of issuing financial assistance benefits as a direct deposit into the client’s personal bank account.

 

          (o)  “Employment expense disregard” means an amount subtracted from earned income which represents a flat monthly amount or actual expenses which are reasonably attributable to the earning of income.

 

          (p)  “Employment-related disregards” means the employment expense disregard, the child or dependent care disregard, and the earned income disregard.

 

          (q)  “Employment requirements” means the work, training and education requisites under NHEP.

 

          (r)  “Encumbrance” means a financial claim against real or personal property.

 

          (s)  “Equity value” means the current redemption rate or fair market value of a resource, less any encumbrances.

 

          (t)  “Excluded income” means specific types of income which are not counted in the determination of eligibility or the amount of assistance.

 

          (u)  “Excluded resources” means real or personal property which is not counted in determining eligibility.

 

Source.  (See Revision Note #1 and Revision Note #2 at Chapter Heading He-W 600); ss by #10399, eff 10-21-13

 

          He-W 601.04  Definitions: F–H.

 

          (a)  “Face value” means the death benefit of a life insurance policy exclusive of dividend additions or additional amounts payable because of accidental death or under other special provisions.

 

          (b)  “Fair market value” means, for purposes of this chapter:

 

(1)  For all assets other than automobiles and trucks, the price at which a willing seller and a willing buyer will trade; or

 

(2)  For automobiles and trucks, the “trade-in value” in the National Automobile Dealers Association’s (NADA) Official Used Car Guide, also known as the “Blue Book”, unless information is not available in the Blue Book, or unless the applicant or recipient proves the value of the vehicle is different.

 

          (c)  “Family” means the basic unit of individuals, consisting of:

 

(1)  One or more adults and children, if any, related by blood, marriage, or adoption, who reside in the same living unit;

 

(2)  Separate groups of related adults, other than spouses, or unrelated adults residing together;

 

(3)  A single case of children living with non-legally responsible relatives; or

 

(4)  A single case of children living under the care of unrelated persons.

 

          (d)  “Family assistance program (FAP)” means the financial and medical assistance program, as defined in RSA 167:84, administered by the department.

 

          (e)  “Families with older children (FWOC)” means the category of financial and medical assistance for families with at least one dependant child who is at least age 19 and up to age 20, and a full-time student in a secondary school or the equivalent level of vocational or technical training.

 

          (f)  “Family member” for FANF means any individual who can be included in a FANF assistance group, such as a parent or caretaker relative, child or incapacitated spouse.

 

          (g)  “Financial assistance to needy families (FANF)” means the financial and medical assistance provided under:

 

(1)  Temporary Assistance to Needy Families (TANF), which includes the:

 

a.  New Hampshire Employment Program (NHEP); and

 

b.  Family Assistance Program (FAP); and

 

(2)  The non-TANF assistance financial and/or medical assistance programs, which include the:

 

a.  Families with Older Children (FWOC) program;

 

b.  Interim Disabled Parent (IDP) program; and

 

c.  Unemployed Parent (UP) medical assistance program.

 

          (h)  “4 month extended MA” means medical assistance provided regardless of financial eligibility when certain specific factors are met by the FANF assistance group.

 

          (i)  “Good cause” means a substantiated reason which justifies the parent or caretaker relative's refusal to cooperate and still retain eligibility for FANF financial assistance.

 

          (j)  “Good faith effort to sell real property” means that the client is making a genuine attempt to sell the property and can provide evidence to the district office that the property has been put up for sale, is currently for sale, and that no reasonable offer for the property has been refused.

 

          (k)  “Grant” means a monthly dollar amount determined by subtracting net income from the payment standard for the assistance group.

 

          (l)  “Grantor” means any individual who creates a trust, such as:

 

(1)  The individual;

 

(2)  The individual's spouse;

 

(3)  A person, including a court or administrative body, with legal authority to act in place of, or on behalf of, the individual or the individual's spouse; or

 

(4)  A person, including a court or administrative body, acting at the direction or upon the request of the individual, or the individual's spouse.

 

          (m)  “Gross earned income for an individual employed by another” means the total amount, prior to payroll deductions.

 

          (n)  “Gross earned income for self-employed individuals” means the total amount of cash or the dollar value of in-kind benefits received by a self-employed individual as compensation for work performed minus the cost of doing business.

 

          (o)  “Gross income” means the total amount of countable earned and unearned income or in-kind benefits received by assistance group members prior to any disregards or deductions.

 

          (p)  “Home” means real property which is owned and occupied as the place of residence by the assistance group, consisting of the house, mobile home, condominium or townhouse and any adjoining land or buildings necessary to its maintenance, including land that is contiguous to the lot on which the house rests, and adjoining land that is divided by a road or the boundary of a political subdivision.

 

          (q)  “Home and community-based care (HCBC)” means community services that individuals might need in order to prevent institutionalization.

 

          (r)  “HUD 236 housing” means low income rental housing for which the private developer or owner received a low mortgage interest rate from the U.S. Department of Housing and Urban Development (HUD) in return for agreeing to specified operating conditions.

 

Source.  (See Revision Note #1 and Revision Note #2 at Chapter Heading He-W 600); ss by #10399, eff 10-21-13

 

          He-W 601.05  Definitions: I–N.

 

          (a)  “Immigrant” means an alien lawfully admitted for permanent residence in the U.S. who entered the country with the express purpose of maintaining permanent residence.

 

          (b)  “In and out medical assistance” means medical assistance in any category which is granted for a period of one to 6 months to eligible assistance groups.

 

          (c)  “Income” means earned or unearned cash.

 

          (d)  “Independent living arrangement” means the form of housing for OAA, ANB and APTD clients who do not reside in a residential care facility, a community residence, or a licensed and certified nursing facility.

 

          (e)  “Inmate” means an individual living in a public institution as described in RSA 167:78,XI not including an employee of the institution, who plans by his own choice to continue to live there, or an individual who has been committed by court order to a public institution.

 

          (f)  “Institutionalized individual” means, for purposes of asset transfers, an individual who is an inpatient in a medical institution, as defined in 42 CFR 435.1009, and with respect to whom payment is based on a level of care provided in a nursing facility, or who is a home and community-based services applicant or recipient.

 

          (g)  “Insured” means the individual on whose life the insurance policy is taken out.

 

          (h)  “Investigation” means an inquiry made by the department regarding the circumstances upon which a good cause claim is based when documentary evidence is not sufficient.

 

          (i)  “Interim disabled parent (IDP)” means the category of financial and medical assistance for single or 2-parent families in which one or both of the parents are temporarily incapacitated.

 

          (j)  “Irrevocable trust” means a trust which cannot in any way be revoked by the grantor.

 

          (k)  “Leading to a certificate, degree or diploma” means a course of study which will directly result in the award of a certificate, degree or diploma or which will enable the student to enroll in a course of study having a direct award of a certificate, degree or diploma.

 

          (l)  “Level of eligibility” means the following types of assistance for which an individual might be eligible:

 

(1)  Financial assistance;

 

(2)  Categorically needy medical assistance;

 

(3)  Medically needy medical assistance; and

 

(4)  In and out medically needy medical assistance.

 

          (m)  “Liable relative” means a person who by law or regulation might be required to contribute to the support of an applicant or recipient of financial or medical assistance.

 

          (n)  “Licensed” means approved by the department as meeting federal or state standards.

 

          (o)  “Life owner” means the individual who is able to surrender an insurance policy or take out a loan on its value.

 

          (p)  “Medicaid” means the title XIX and Title XXI programs administered by the department which makes medical assistance available to eligible individuals.

 

          (q)  “Medical coverage for pregnant women (MCPW)” means medical coverage provided by the department to pregnant women whose income meets eligibility requirements for categorically needy medical assistance, pursuant to He-W 641.06 and RSA 167:68.

 

          (r)  “Minor casehead” means an individual who is receiving FANF financial or medical assistance, lives with his or her parents, and whose parents' income and resources are deemed until the casehead reaches the age of 18 for financial assistance or age 21 for medical assistance.

 

          (s)  “Natural parent” means the biological parent, or a man whose parental status was established through paternity action or who acknowledges paternity.

 

          (t)  “Needy essential person” means a person who lives with the client, does not qualify for assistance in his or her own right, and is essential to the well-being of the client.

 

          (u)  “Net earned income” means an individual's monthly gross earned income minus all allowable employment-related disregards.

 

          (v)  “Net income” means gross income minus all allowable disregards and deductions.

 

          (w)  “New Hampshire employment program (NHEP)” means the financial and medical assistance program, as described in RSA 167:79, and the NHEP work program, as described in RSA 167:85, administered by the department.

 

          (x)  “Nonapplicant spouse” means the spouse of an OAA, ANB, MEAD, or APTD client who lives with the client in an independent living arrangement and who is:

 

(1)  Not applying for or receiving OAA, ANB, MEAD, or APTD financial or medical assistance; or

 

(2)  Applying for or receiving financial or medical assistance offered by the department of health and human services that is not OAA, ANB, MEAD, or APTD.

 

          (y)  “Notice of decision (NOD)” means a computer-generated or manually-prepared form which advises clients of the results of eligibility determinations, positive and negative changes in the amount of assistance or level of eligibility, or other changes.

 

          (z)  “Nursing facility" means a licensed or certified medical facility which provides health-related care and services on a daily in-patient basis in accordance with He-W 500.

 

Source.  (See Revision Note #1 and Revision Note #2 at Chapter Heading He-W 600); ss by #10399, eff 10-21-13

 

          He-W 601.06  Definitions: O–Q.

 

          (a)  “Overpayment” means financial or medical assistance received by an assistance group which is in excess of what the assistance group is actually entitled to receive.

 

          (b)  “Parent” includes the natural, adoptive or step parent, unless otherwise specified.

 

          (c)  “Parental support or care” means financial support, guidance, physical care or supervision of a dependent child.

 

          (d)  “Patient” means a person who is admitted to a medical institution at the recommendation of a physician, due to acute or chronic illness requiring planned continuing medical treatment including nursing care, receives professional medical treatment and is free to leave at the conclusion of treatment or at any time.

 

          (e)  “Payment from a trust” means any disbursal from the corpus of a trust, or from income generated by a trust, which benefits the party receiving it, regardless of whether the benefit is actual cash, or noncash, or property disbursements, such as the right to use and occupy real property.

 

          (f)  “Payment period” means the semi-monthly period from the first to the 15th of the month, which is covered by the payroll payment of the 15th, and from the 16th through the last day of the month, which is covered by the payroll payment dated the 30th or the last day of the month.

 

          (g)  “Payment standard” for FANF financial assistance means the dollar amount from which net income is subtracted when determining eligibility and the level of benefits.

 

          (h)  “Penalty period” means the length of time during which payment for services specified in He-W 620.01(r) is denied.

 

          (i)  “Period of ineligibility” means the length of time a client is ineligible for assistance due to excess resources or receipt of a lump sum.

 

          (j)  “Permanently and totally disabled” means permanent physical or mental impairment, disease, or loss, or combination thereof, which substantially precludes a person from engaging in useful occupations within his or her competence, as determined by the disability determination unit (DDU), in accordance with RSA 167:6,VI.

 

          (k)  “Personal identification number (PIN)” means the 4 digit number used by a client to activate and control the use of the EBT card.

 

          (l)  “Personal interview” means a conference between the client or authorized representative and the department staff member, in order to:

 

(1)  Discuss all client circumstances which have a bearing on eligibility;

 

(2)  Advise the client of the eligibility requirements and client rights and responsibilities; and

 

(3)  Afford clients an opportunity to ask any questions about the department's assistance programs.

 

          (m)  “Personal property” for purposes of reimbursement means “personal property resources" and personal effects such as furnishings, tools, and equipment.

 

          (n)  “Personal property resources” means a form of cash or an item which can readily be converted to cash, including such items as cash on hand, bank accounts, stocks, or bonds.

 

          (o)  “Plan for achieving self support (PASS)” means a time limited arrangement for accomplishing financial independence, which is approved by the Social Security Administration and allows a blind, disabled or elderly recipient to set aside income and resources for a work goal.

 

          (p)  “Principal wage earner (PWE)” means for the Unemployed Parent (UP) medical assistance program, the parent in the 2-parent family who earned the highest income in the 24 months prior to the application for medical assistance.

 

          (q)  “Private institution” means a facility which provides shelter, custody, or care to 2 or more persons and is managed entirely or partially by private funds.

 

          (r)  “Privately owned home” means a house, trailer, condominium or other housing unit that is owned or is being purchased by:

 

(1)  An assistance group member;

 

(2)  An incapacitated parent who is not in the assistance group; or

 

(3)  An absent parent, provided that if the housing unit is in the name of the absent parent, the assistance group is paying some or all of the costs of the home directly.

 

          (s)  “Protected income level (PIL)” means the amount, based on assistance group size, against which net income is compared in determining eligibility as medically needy for medical assistance when the assistance group has applied for medical assistance as medically needy only or is found to be financially ineligible for financial assistance.

 

          (t)  “Protective payee” means an individual who receives the client's entire assistance payment and pays the client's bills according to a budget planned with the client.

 

          (u)  “Protective payments” means assistance payments made to a protective payee on behalf of a client or dependent children.

 

          (v)  “Public institution” means a facility, other than a child care or medical institution, which affords shelter, custody, or care to 2 or more persons and is managed entirely or partially by or through any public instrumentality, official, or employee acting in an official capacity.

 

          (w)  “Questionable” means, with regard to verifying factors of eligibility, any verbal or written statement made by an assistance group (AG) member which is inconsistent with:

 

(1)  Other statements made by the same AG member or another AG member;

 

(2)  Information provided on current or past applications for assistance; or

 

(3)  Any information received by the department from any other Source.

 

Source.  (See Revision Note #1 and Revision Note #2 at Chapter Heading He-W 600); ss by #10399, eff 10-21-13

 

          He-W 601.07  Definitions R–S.

 

          (a)  “Real property resources” means resources which are in the form of real estate, including land and buildings.

 

          (b)  “Recipient” means any individual currently receiving benefits under a specific department program.

 

          (c)  “Recoupment” means the collection or recovery by the department of the value of assistance erroneously paid to a client regardless of the cause.

 

          (d)  “Rental housing” means a home, apartment or other housing unit, other than HUD 236 housing, regardless of whether it is owner occupied, that an assistance group rents based on a written or verbal tenant and landlord agreement, and the assistance group receives no government rental subsidies.

 

          (e)  “Resident” means an individual who lives in the state voluntarily, pursuant to RSA 21:6.

 

          (f)  “Resources” means property owned by an individual, and includes both personal and real property resources.

 

          (g)  “Responsible parent” means a natural parent, adoptive parent, stepparent, or grandparent who, by state law, is liable for the support of a child who receives FANF financial assistance.

 

          (h)  “Retroactive month” means any one of the 3 months directly preceding the application beginning the day prior to the application date back to the same date in each of the preceding 3 months.

 

          (i)  “Revocable trust” means a trust which can be revoked by the grantor, including trusts that are called irrevocable but which will terminate if some action is taken by the grantor.

 

          (j)  “Rooming arrangement” for FANF, means the assistance group is furnished lodging in a rooming house or hotel, a relative's home, or another person's home, but the assistance group receives no meals for compensation.

 

          (k)  “Sanction” means an NHEP penalty which might result in the reduction or loss of the FANF assistance payment.

 

          (l)  “Separate medical assistance case” means a FANF medical assistance only case which is established for individuals, who because of noncompliance with eligibility requirements, cannot be included in the financial assistance group with the other family members.

 

          (m)  “Similar legal device” means any instrument, device or arrangement which can not be called a trust under state law, but which exhibits the general characteristics of a trust as defined in He-W 601.08(g), such as escrow accounts, investment accounts, pension funds, annuities and other similar instruments managed by an individual or entity with fiduciary responsibilities.

 

          (n)  “Specified relative” means any of the individuals listed in RSA 167:6,V, with whom an eligible child lives, provided that the relative is at least 18 years old or married.

 

          (o)  “Standard disregard” for adult category assistance means a flat amount which is subtracted from unearned income.

 

          (p)  “Standard of need” means the amount of income necessary for recipients to have a reasonable level of subsistence for each category of financial assistance and categorically needy medical assistance, except for FANF, and which is applied uniformly throughout the state.

 

          (q)  “Standard of need-FANF” means, the amount of income necessary to meet full need in accordance with RSA 167:82,VII(a).

 

          (r)  “Stepparent” means an individual who is currently legally married to a child's natural or adoptive parent but has no biological or adoptive parental relationship to the child.

 

          (s)  “Strike” means a concerted stoppage of work by employees, including a stoppage of work by employees due to expiration of a collective bargaining agreement, and any concerted slowdown or other concerted interruption of operations by employees.

 

          (t)  “Student” means an individual who is officially enrolled in, and physically and regularly attending, an elementary or secondary school, college, university, or a technical or vocational training program which has the main objective of training individuals for gainful employment.

 

          (u)  “Student loan” means an amount provided to an individual for educational purposes which is required to be repaid.

 

          (v)  “Sworn statement” means a statement made under oath or affirmation reciting facts which are personally known by the signer, and which are sworn to or affirmed and notarized by either a notary public or justice of the peace.

 

Source.  (See Revision Note #1 and Revision Note #2 at Chapter Heading He-W 600); ss by #10399, eff 10-21-13

 

          He-W 601.08  Definitions: T–V.

 

          (a)  “Technical or vocational training” means a program having an organized curriculum with the specific objective of training individuals for gainful employment, which might be sponsored by public education, such as vocational programs in high school, or other technical training programs.

 

          (b)  “Temporary absence” means an absence from the state with the intent of retaining N.H. residency and returning to the state as soon as the purpose for the absence is accomplished, including, but not limited to travel, visiting, the onset of illness while out of state which prohibits return to New Hampshire, or hospitalization in a medical facility.

 

          (c)  “Temporary adjustment period” means the automatic eligibility period afforded to an assistance group when:

 

(1)  An absent parent returns, when receiving FANF assistance;

 

(2)  An incapacitated parent recovers, when receiving FANF assistance; or

 

(3)  A blind person recovers, when receiving ANB financial or medical assistance.

 

          (d)  “Termination” means the discontinuance of assistance or benefits received by an individual or assistance group when the conditions of eligibility for receipt of such assistance are no longer met.

 

          (e)  “Title IV-D requirements (IV-D)” means the assignment of rights to child support and cooperation in establishing paternity and obtaining support as a condition of eligibility for NHEP/FAP financial assistance, as established under 42 USC 608.

 

          (f)  “Title XX funds” means federal money provided pursuant to 42 USC 1397 through a block grant to provide social services for specific goals.

 

          (g)  “Trust” means any arrangement in which a grantor transfers property to a trustee or trustees with the intention that it be held, managed, or administered by the trustee(s) for the benefit of the grantor or certain designated beneficiaries, which is valid under state law and manifested by a valid trust instrument or agreement, and where the trustee(s) hold a fiduciary responsibility to manage the trust's corpus and income for the benefit of the beneficiaries.

 

          (h)  “Trustee” means any individual, individuals, or entity, such as an insurance company or bank, who manage a trust, or similar device, and who has fiduciary responsibilities.

 

          (i)  “Uncompensated value” means the difference between the fair market value at the time of transfer, less any outstanding loans, mortgages, or other encumbrances on the asset, and the amount received for the asset.

 

          (j)  “Underpayment” means the payment of a level of assistance which is less than the amount to which an assistance group is rightfully entitled, or failure by the department to issue benefits to an eligible assistance group.

 

          (k)  “Unearned income” means all contributions, payments, pensions, benefits, loans, awards, or other income which are not received as compensation for work performed.

 

          (l)  “Unemployed parent (UP)” means the category of medical assistance available to 2-parent families in which one parent is unemployed or underemployed.

 

          (m)  “Vendor payee” means an individual providing goods or services to the client who is paid directly by the department for such goods or services.

 

Source.  (See Revision Note #1 and Revision Note #2 at Chapter Heading He-W 600); ss by #10399, eff 10-21-13

 

PART He-W 602  PROGRAM COVERAGES AND LIMITATIONS

 

          He-W 602.01  General Applicability of Rules in This Chapter.

 

          (a)  Unless otherwise specified, all the rules in this chapter shall apply to FANF financial and medical assistance and to the adult categories financial and medical assistance.

 

          (b)  For each category of financial assistance, except where otherwise specified or specifically prohibited, all general, categorical, technical, and financial requirements, whether based on federal or state law, federal regulation, or published department rules shall apply to that category of medical assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #9123, eff 4-3-08; ss by #9275, eff
9-20-08; ss by #10163, eff 7-26-12

 

          He-W 602.02  Applicability of Federal Statutes and Regulations.

 

          (a)  Any rule in this chapter which specifies a reference to the Social Security Act (SSA), shall refer to those sections of the SSA in effect prior to, or otherwise not affected by, the enactment on August 22, 1996 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), unless the rule specifically makes reference to a section of the SSA amended by PRWORA or the Deficit Reduction Act of 2005 (DRA).

 

          (b)  Any rule in this chapter which specifies a reference to, or does not reference but has been established in accordance with 45 CFR 205, 206, 232-235, and 250 in effect on September 30, 1996, shall be considered the currently effective requirements until changed by rulemaking, state law, federal law, or court decisions.

 

          (c)  Adults in the following categories of financial assistance shall meet all the requirements and be held to all provisions set forth in (a) and (b) above and the rules adopted in this chapter associated with:

 

(1)  NHEP financial assistance for the categories of UP medical assistance and IDP financial and medical assistance; or

 

(2)  NHEP/FAP financial assistance for the categories of FWOC financial and medical assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6446, eff 2-1-97; ss by #8271, eff 2-1-05; ss by #8740 INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #9123, eff 4-3-08; ss by #9275, eff 9-20-08; ss by #10163, eff 7-26-12

 

          He-W 602.03  Telephone Application.

 

          (a)  Applicants for any program of financial assistance who request assistance via the telephone, shall be considered to have submitted an application as described in He-W 601.01(p).

 

          (b)  The telephone application process pursuant to (a) above shall only be available as funding and resources within the current state fiscal year are available.

 

          (c)  All the application requirements that apply when an individual submits a written application shall apply when an individual requests assistance via (a) above, including:

 

(1)  Verification requirements described in He-W 606;

 

(2)  Interview requirements described in He-W 636.01 and He-W 644.01; and

 

(3)  All program requirements as described in He-W 600.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97, EXPIRED: 10-24-05

 

New.  #9697, eff 4-23-10; ss by #12552, eff 6-20-18

 

          He-W 602.04  Categorically Needy and Medically Needy Medical Assistance.

 

          (a)  The department shall provide medical assistance for the adult categories under the provisions of 42 USC 1396a.

 

          (b)  Categorically needy medical assistance shall be provided to the following coverage groups:

 

(1)  Individuals who would be eligible for, but are not receiving, financial assistance under one of the department's programs, in accordance with 42 CFR 435.210;

 

(2)  Individuals who would be eligible for, but are not receiving, financial assistance under one of the department's programs due to their institutional status, in accordance with 42 CFR 435.211;

 

(3)  A child for whom public agencies are assuming full or partial financial responsibility or who is in a foster home or private institution;

 

(4)  A child whose adoption is being subsidized in full or part by a public agency;

 

(5)  Individuals receiving adult category financial assistance;

 

(6)  Individuals in institutions who are eligible under a special income level, in accordance with 42 CFR 435.236;

 

(7)  Individuals who would be eligible for medical assistance if they were in a medical institution, but are instead receiving HCBC services as defined in He-W 601.04(q);

 

(8)  A child under age 18 with severe disabilities who meets the requirements of He-W 507 and He-W 641.04, in accordance with 42 CFR 435.222;

 

(9)  A child under age 18 with severe disabilities who meets the requirements of He-W 507, He-W 508, and He-W 641.04, in accordance with 42 CFR 435.225; or

 

(10)  An infant under age one who meets the requirements of He-W 641.07, in accordance with 42 U.S.C. 1396a(a)(10)(A)(ii)(XIV) and 42 U.S.C. 1396d(u)(2).

 

          (c)  Medically needy medical assistance shall be provided to any individual who meets the general, categorical and technical requirements but not the financial requirements, for categorically needy medical assistance, provided the individual meets the financial requirements for medically needy medical assistance.

 

          (d)  Medical assistance shall be provided to individuals age 65 or older who are patients in institutions for mental diseases, in accordance with 42 CFR 441.101.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6745, (HB 32), eff 5-1-98, EXPIRED: 12-31-98; amd by #6925, eff 1-1-99; amd by #8452, eff 10-22-05; amd by #8783, INTERIM, eff 12-30-06, EXPIRES: 6-28-07; amd by #8903, eff 6-28-07; ss by #10471, eff 11-26-13

 

          He-W 602.05  60-Month Lifetime Limit on Financial Assistance.

 

          (a)  Unless the assistance group meets one or more of the hardship criteria described in He-W 602.07 or He-W 602.08, financial assistance benefits shall not be available to an assistance group that includes an adult who has received financial assistance for more than 60 months from any combination of the financial assistance to needy families (FANF) programs.

 

          (b)  The counting of the 60 months described in (a)(1) above shall commence October 1, 1996.

 

          (c)  For the purpose of counting the 60 months:

 

(1)  One month shall equal 2 semi-monthly payroll payments, as defined in He-W 601.06(f);

 

(2)  60 months shall equal 120 semi-monthly payroll payments; and

 

(3)  Months shall not have to be consecutive.

 

          (d)  In determining the number of months for which an individual has received FANF financial assistance, any payment period for which such assistance was provided to the individual shall be disregarded if the individual was:

 

(1)  A dependent child; or

 

(2)  Not the head of household, or his/her spouse.

 

          (e)  The total number of extensions to FANF financial assistance granted by the department due to hardship, as specified in He-W 602.07 or He-W 602.08, shall not, at any point in time, exceed 20 percent of the average monthly number of families receiving TANF assistance during the current or immediately preceding federal fiscal year pursuant to 45 CFR 264.1(c) and (d).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6446, eff 2-1-97; amd by #7192, eff 2-1-00; ss by #7470, eff 4-1-01; paragraoh (a) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraph (a) amd by #8869, eff 4-19-07; ss by #9123, eff
4-3-08; ss by #9275, eff 9-20-08; ss by #10163, eff 7-26-12

 

          He-W 602.06  New Hampshire Employment Program (NHEP) and Family Assistance Program (FAP) Financial Assistance.

 

          (a)  Pursuant to 42 USC 602(a)(1)(A)(iii), a parent or caretaker relative receiving FANF financial assistance shall engage in work pursuant to RSA 167:85.

 

          (b)  A parent or caretaker relative shall be considered to be engaged in work if he/she is engaged in paid employment or in employment related activities as defined in RSA 167:85.

 

          (c)  A parent or caretaker relative shall be considered as ready to engage in work if the parent or caretaker relative is not:

 

(1)  Exempt from participation under the criteria for exemptions as described in RSA 167:82 and He-W 637.04; or

 

(2)  Receiving FAP financial assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #8271, eff 2-1-05, EXPIRED: 2-1-13

 

New.  #10275, eff 2-21-13

 

          He-W 602.07 - RESERVED

 

Source.  #7470, eff 4-1-01; ss by #7561, eff 10-1-01; rpld by #9433, eff 4-1-09

 

          He-W 602.08  Criteria for Extensions to the 60-Month Lifetime Limit.

 

          (a)  To be eligible to receive an extension to the 60-month lifetime limit on receipt of financial assistance to needy families (FANF) assistance, the assistance group (AG) shall:

 

(1)  Be categorically and financially eligible for FANF assistance except that the AG includes an adult who has received FANF financial assistance for 60 months; or

 

(2)  Be currently receiving FANF financial assistance and an adult AG member has received FANF financial assistance for at least 54 months.

 

          (b)  The AG shall:

 

(1)  Verify the existence of a current hardship pursuant to (c) below;

 

(2)  Request an extension pursuant to (d) below;

 

(3)  Participate in a face-to-face interview with a department representative;

 

(4)  Provide the verification required in He-W 602.10 within 10 days of the date of the request;

 

(5)  Not have voluntarily quit or refused suitable employment without good cause pursuant to RSA 167:82,III(c) within 60 days of the request for extension;

 

(6)  Not be in sanction status pursuant to He-W 637.08:

 

a.  At the time of applying for an extension to the 60-month lifetime limit;

 

b.  Any time while eligibility for the extension to the 60-month lifetime limit is being processed; or

 

c.  At the time financial assistance was closed due to reaching the 60-month lifetime limit, unless the AG has remedied the sanction that was imposed due to non-compliance pursuant to He-W 637.08(c);

 

(7)  Not be disqualified from receiving FANF financial assistance due to commission of an intentional program violation, as described at He-W 693:

 

a.  At the time of applying for an extension to the 60-month lifetime limit;

 

b.  Any time while eligibility for the extension to the 60-month lifetime limit is being processed;

 

c.  At the time the 60-month lifetime limit was reached; or

 

d.  Any time after eligibility for the extension to the 60-month lifetime limit has been approved; and

 

(8)  Comply with all NHEP work program requirements pursuant to He-W 637.05 after eligibility for the extension to the 60-month lifetime limit has been approved, unless good cause exists pursuant to He-W 637.07.

 

          (c)  AGs that meet the criteria in (a) and (b) above, shall verify the existence of at least one of the following hardship reasons that would allow the department to grant an extension to the 60-month lifetime limit on receipt of FANF financial assistance:

 

(1)  The AG includes an individual who has been battered or subjected to extreme cruelty as described in 42 USC 608(a)(7)(C);

 

(2)  The AG includes an adult who:

 

a.  Is unable to obtain adequate child care as described in He-W 637.07(d), provided that the individual has made an effort to explore other child care providers and options for obtaining adequate child care pursuant to He-W 637.07(c);

 

b.  Is unable to participate in any of the employment activities described in He-W 637.09 through He-W 637.23 due to a physical or mental condition pursuant to RSA 167:82,II(f);

 

c.  Is unable to participate in any of the work activities described in He-W 637.09 through He-W 637.23 because:

 

1.  He or she must provide care to another relative or assistance group member who resides in the same household due to that member’s illness, incapacity, or disability pursuant to RSA 167:82,II(g); and

 

2.  No alternative care is available or feasible;

 

d.  Is participating in an alcohol or other drug abuse or mental health program that prevents or limits participation in any of the work activities described in He-W 637.09 through He-W 637.23;

 

e.  Is unemployed for a reason other than the reasons stated in RSA 167:82,III(c) and (d), and meets one of the requirements below:

 

1.  Has applied for unemployment compensation benefits but is not yet receiving them, but in the meantime is actively seeking employment; or

 

2.  Is not eligible for unemployment compensation benefits and is actively seeking employment;

 

f.  Is experiencing a life-threatening circumstance as described in He-W 654.03(h)(1)-(3) or an emergency situation as described in He-W 699.05(d)(2);

 

g.  Has a learning disability that has been identified by a:

 

1.  State certified education professional licensed to certify for learning disabilities; or

 

2.  A licensed psychologist; or

 

h.  Is engaged in unsubsidized employment for at least 30 hours per week;

 

(3)  New Hampshire department of employment security has determined that the state:

 

a.  Is eligible for the federal/state cooperative extended benefit program pursuant to the Federal-State Extended Benefit Unemployment Compensation Act of 1970 or any other temporary federal supplemental unemployment benefit program in effect in the state; or

 

b.  Has a statewide unemployment rate of 7% or more;

 

(4)  The AG lives in an area designated by the United States Department of Labor as a labor surplus area;

 

(5)  The AG is receiving FAP or is eligible for FAP financial assistance except that the AG has received FANF financial assistance for 60 months; or

 

(6)  The AG is participating in NHEP pursuant to He-W 637.03 and complying with all participation requirements pursuant to He-W 637.05.

 

          (d)  The AG shall request an extension by providing the following information to the department:

 

(1)  The casehead’s printed name, address, and case number;

 

(2)  The reasons for the request; and

 

(3)  The signature of the casehead and the current date.

 

Source.  #7470, eff 4-1-01; amd by #7918, eff 8-1-03; ss by #9433, eff 4-1-09; ss by #9775, eff 9-1-10; ss by #12676, eff 11-20-18

 

          He-W 602.09  Duration of Extensions to the 60-Month Time Limit.

 

          (a)  An assistance group (AG) that is granted an extension pursuant to He-W 602.08 shall continue to receive FANF for 6 months or until any adult in the AG who has received FANF for 60 months no longer meets the criteria for an extension under that section, whichever occurs first.

 

          (b)  Families receiving FAP financial assistance at the time an adult in the AG has received FANF for 60 months, or families that request an extension pursuant to He-W 602.08 and are eligible to receive FAP financial assistance, shall remain eligible for FAP financial assistance for so long as all other FAP financial and non-financial eligibility requirements are met and the AG is otherwise eligible for FAP financial assistance.

 

          (c)  FAP AGs eligible for an extension of benefits as described in (b) above shall not be required to make a written request for an extension of benefits pursuant to He-W 602.08, but shall participate in a face-to-face redetermination of eligibility between month 54 and month 60.

 

          (d)  AGs that are granted an extension pursuant to He-W 602.08 shall inform the department no later than 10 days after the AG’s circumstances change in any way that might affect their eligibility or benefit level pursuant to He-W 603.03.

 

          (e)  If the department has not issued a decision on the hardship extension at the time any adult in the AG has received FANF for 60 months, the AG shall have its financial assistance benefits continued beyond the 60th month of financial assistance receipt pending the department’s decision.

 

          (f)  AGs whose benefits have been continued pursuant to (e) above shall not be required to repay the benefits if the department determines that the AG does not meet one of the extension criteria in He-W 602.08.

 

          (g)  An AG that meets more than one criterion for extension shall receive only one 6-month extension at a time and shall not be able to combine hardship criteria in order to lengthen the extension beyond 6 months.

 

          (h)  Whenever an AG that has been granted an extension becomes ineligible for FANF prior to the end of the extension period, it shall not be eligible to carry over any time remaining towards a future extension.

 

          (i)  Extensions granted pursuant to He-W 602 shall be terminated if the AG notifies the department that it no longer meets any of the hardship criteria or if the department becomes aware that the AG no longer meets any of the hardship criteria for the extension.

 

Source.  #7470, eff 4-1-01; ss by #7561, eff 10-1-01; amd by #7918, eff 8-1-03; ss by #9548, eff 9-19-09; ss by #12402, eff 10-20-17

 

          He-W 602.10  Required Verification.

 

          (a)  A financial assistance to needy families (FANF) assistance group (AG) requesting an extension of financial assistance beyond the 60-month lifetime limit shall provide the verification described below within 10 days of the date the AG signed the request for an extension described in He-W 602.08(d):

 

(1)  For an extension pursuant to He-W 602.08(c)(1), the casehead shall participate in:

 

a.  An individualized assessment pursuant to 45 CFR 260.55; and

 

b.  The development of the service plan which is completed by a person trained in domestic violence as specified in 45 CFR 260.55(c), and either:

 

1.  Provide the following corroborative evidence that verifies the claim:

 

(i)  Court, medical, criminal, child protective services, psychological or law enforcement records, or a statement from a social service provider;

 

(ii)  A written statement from a social worker from a public or private social service agency;

 

(iii)  A written statement from a social worker from a public or private social service agency providing domestic violence services; or

 

(iv)  Sworn statements from an individual other than AG members with knowledge of the circumstances; or

 

2.  If not able to provide corroborative evidence as described in b.1. above, submit a signed, written statement that indicates:

 

(i)  The existence of the battering or extreme cruelty and that compliance with the FANF financial assistance lifetime limit would make it more difficult for the AG to escape the domestic violence;

 

(ii)  That the FANF financial assistance lifetime limit would unfairly penalize the AG which is or has been victimized by such violence; or

 

(iii)  That the FANF financial assistance lifetime limit would put the AG at further risk of domestic violence;

 

(2)  For an extension pursuant to He-W 602.08(c)(2)a., documentation pursuant to He-W 637.07(e) along with a signed, written statement describing the specific actions the AG has taken to obtain adequate child care;

 

(3)  For an extension pursuant to He-W 602.08(c)(2)b., the financial AG shall provide:

 

a.  Documentation pursuant to RSA 167:82,II(f) stating the duration and limitations of the AG member’s disability; and

 

b.  For a subsequent extension request per He-W 602.16(c), verification that the casehead has applied for the aid to the permanently and totally disabled program, Supplemental Security Income (SSI), Social Security Disability Income (SSDI), and/or all other potential disability benefits pursuant to He-W 652.07;

 

(4)  For an extension pursuant to He-W 602.08(c)(2)c., documentation pursuant to RSA 167:82,II(g) that indicates the nature of the relative’s physical or mental condition and the expected duration of the condition, and a separate written and signed statement indicating that no alternate care is available or feasible;

 

(5)  For an extension pursuant to He-W 602.08(c)(2)d., the AG shall provide documentation that the applicant is currently an active participant in the treatment program, signed by the drug, alcohol, or mental health program director or his or her designee;

 

(6)  For an extension pursuant to He-W 602.08(c)(2)e., the AG shall provide:

 

a.  Verification that the individual has applied for or is not eligible to receive unemployment compensation benefits; and

 

b.  Verification that the job loss was not due to reasons described at RSA 167:82,III(c) and (d);

 

(7)  For an extension pursuant to He-W 602.08(c)(2)f., the AG shall provide verification pursuant to He-W 606.104(b) or any other documentation that establishes the existence of an emergency or life-threatening circumstance; and

 

(8)  For an extension pursuant to He-W 602.08(c)(2)g., the AG shall provide a signed and dated statement from a state certified education professional licensed to certify for learning disabilities or a licensed psychologist indicating that the adult in the case who has received FANF financial assistance for 60 months has a learning disability that prevents the adult from working, participating in work-related activities, or preparing for work.

 

          (b)  If a member of the AG is convicted pursuant to RSA 167:17-c of knowingly providing false material information on a signed, written statement pursuant to He-W 602.08(d), the AG's hardship extension shall be terminated pursuant to RSA 167:17-b,II.

 

Source.  #7470, eff 4-1-01; amd by #7918, eff 8-1-03; ss by #9433, eff 4-1-09; ss by #9775, eff 9-1-10; ss by #12676, eff 11-20-18

 

          He-W 602.11 - RESERVED

 

Source.  #7470, eff 4-1-01; amd by #7918, eff 8-1-03; rpld by #9433, eff 4-1-09

 

          He-W 602.12 - RESERVED

 

Source.  #7470, eff 4-1-01; rpld by #9433, eff 4-1-09

 

          He-W 602.13 - RESERVED

 

Source.  #7470, eff 4-1-01; ss by #7918, eff 8-1-03; rpld by #9775, eff 9-1-10

 

          He-W 602.14  Required Participation in the NHEP Work Program for Families Granted an Extension of FANF Financial Assistance.

 

          (a)  FANF financial assistance recipients granted an extension pursuant to He-W 602.08 shall participate in and comply with all requirements of the NHEP work program described in He-W 637, unless otherwise exempt pursuant to He-W 637.04.

 

          (b)  An NHEP representative shall determine in which activity or activities pursuant to He-W 637.03 an AG shall participate, and shall modify an existing employability plan or complete a new employability plan pursuant to He-W 637.12 with the recipient.

 

          (c)  FAP AGs granted an extension pursuant to He-W 602.08 shall not be required to participate in the NHEP, but may volunteer to participate.

 

          (d)  Extended benefits shall be terminated for the entire AG if any adult AG member required to participate in NHEP work program requirements pursuant to He-W 637 fails to comply with participation requirements identified on the individual’s employability plan pursuant to He-W 637.12, unless the individual has good cause pursuant to He-W 637.07.

 

Source.  #7470, eff 4-1-01; ss by #7561, eff 10-1-01; ss by #9548, eff 9-19-09; ss by #12402, eff 10-20-17

 

          He-W 602.15  Extension Review Process.

 

          (a)  The department’s decision to approve or deny a request for a hardship extension shall be based on the AG:

 

(1)  Fulfilling the hardship extension criteria pursuant to He-W 602.08;

 

(2)  Providing required verification pursuant to He-W 602.10; and

 

(3)  Being otherwise categorically and financially eligible for FANF financial assistance.

 

          (b)  The casehead shall be informed of the department’s decision to approve or deny the request for a hardship extension, pursuant to He-W 604.02, and of the casehead’s right to request an administrative appeal, pursuant to He-C 200, as follows:

 

(1)  AGs currently receiving FANF financial assistance shall be issued a written notice of the hardship extension decision no later than 30 days following the AG having met all the conditions in (a) above; and

 

(2)  AGs that are not currently receiving FANF financial assistance shall be issued a written notice of the hardship extension decision no later than the 45th day after the date on which an application for FANF financial assistance is filed at the department of health and human services (DHHS).

 

          (c)  If the AG is currently receiving FANF financial assistance and is denied a hardship extension, the AG shall be provided a continuation of FANF financial assistance when the following occurs:

 

(1)  The AG requests an administrative appeal of the hardship extension decision, pursuant to He-C 200;

 

(2)  The AG requests that FANF benefits continue; and

 

(3)  The request for continuation of FANF benefits is made within the advance notice period, pursuant to 45 CFR 205.10.

 

          (d)  FANF financial assistance described in (c) above, shall continue until whichever of the following occurs first:

 

(1)  The duration of the extension is reached pursuant to He-W 602.09; or

 

(2)  The date the administrative appeals unit renders a finding, if the administrative appeals unit does not find in favor of the recipient.

 

Source.  #7470, eff 4-1-01; amd by #7918, eff 8-1-03; ss by #9433, eff 4-1-09; ss by #9775, eff 9-1-10; ss by #12676, eff 11-20-18

 

          He-W 602.16  Eligibility for Additional Hardship Extensions.

 

          (a)  Families that have received FANF due to having been previously granted a hardship extension pursuant to He-W 602.08 shall have the right to request additional extensions.

 

          (b)  The criteria, duration, verification, and request process described in He-W 602.08 through He-W 602.10 and the required NHEP work program participation and extension review process described in He-W 602.14 and He-W 602.15 shall apply to each request for an extension for the same or new hardship reason.

 

          (c)  When an AG has had an extension granted pursuant to He-W 602.08(c)(2)b that is documented as long term, and the individual is requesting a subsequent hardship extension for the same reason, the individual shall have also applied for the aid to the permanently and totally disabled program, Supplemental Security Income (SSI), Social Security Disability Income (SSDI), and all other potential disability benefits pursuant to He-W 652.07 prior to the granting of an additional extension request.

 

          (d)  When an individual has had an extension granted pursuant to He-W 602.08(c)(2)c, and the individual is requesting a subsequent hardship extension for the same reason, prior to the granting of an additional extension the department shall determine:

 

(1)  If a permanent exemption as described in He-W 637.04(e) exists; and

 

(2)  If the family wishes to transfer to the family assistance program as described in He-W 601.04(d).

 

          (e)  Once an AG’s hardship extension has been terminated 2 times due to non-compliance with NHEP work program requirements without good cause, the AG shall not be eligible for additional extensions.

 

Source.  #7470, eff 4-1-01; amd by #7918, eff 8-1-03; ss by #9433, eff 4-1-09; amd by #9775,e ff 9-1-10; ss by #12182, eff 5-23-17

 

          He-W 602.17  Two-Parent Families.  Whenever a 2-parent AG is requesting a hardship extension to the 60-month lifetime limit on receipt of FANF financial assistance pursuant to He-W 602.08, the following shall apply:

 

          (a)  If both parents in the AG have received FANF financial assistance for 54 or more months on the day the AG signs the request for an extension, both parents shall meet one or more of the hardship criteria in He-W 602.08(c);

 

          (b)  If one parent has received FANF financial assistance for 54 or more months and the other parent has received FANF financial assistance for less than 54 months on the day the AG signs the request for an extension, only the parent who has received FANF financial assistance for 54 or more months shall meet a hardship criterion;

 

          (c)  If the other parent described in (b) above exceeds 54 months of receipt of FANF financial assistance during a 6-month extension period, the AG shall continue to receive FANF financial assistance for the entire 6-month extension period based on one parent meeting one or more hardship criteria; and

 

          (d)  When the 6-month extension period in (c) above ends, each parent shall be required to meet one or more hardship criteria as described in (a) above if the AG requests an additional extension pursuant to He-W 602.16.

 

Source.  #7470, eff 4-1-01; amd by #7918, eff 8-1-03; ss by #9433, eff 4-1-09; ss by #12182, eff 5-23-17

 

PART He-W 603  INDIVIDUAL RIGHTS AND RESPONSIBILITIES

 

          He-W 603.01  Authorized Representative.

 

          (a)  An individual who chooses an authorized representative (AR), as defined in He-W 601.01(w), to help with some or all the responsibilities of applying for or receiving FANF or adult category financial assistance shall provide all of the following information in writing:

 

(1)  The name, address, and telephone number of the AR;

 

(2)  The duties that the AR will carry out, as specified in (c) below;

 

(3)  The individual's relationship to the AR;

 

(4)  A statement signed and dated by the individual acknowledging:

 

a.  His or her responsibility for any errors, omissions, failures to report information to DHHS, or inaccurate information reported to DHHS by the AR;

 

b.  That if the AR uses the individual’s benefits without permission, these benefits will not be replaced by DHHS;

 

c.  That the person the individual names as the AR will continue to act for the individual until the individual or the AR tells DHHS of a change; and

 

d.  Comprehension of the individual’s choice of AR and the duties assigned to that AR; and

 

(5)  A statement signed and dated by the AR:

 

a.  Agreeing to accept the responsibilities designated by the individual;

 

b.  Acknowledging that the AR understands that:

 

1.  Proof of the AR’s identity is required;

 

2.  If disqualified for a program violation, the person identified as the AR can no longer act as an AR unless there is no one else suitable to represent the individual; and

 

3.  The AR will continue to act as an AR for the individual until the AR or the individual tells DHHS of a change.

 

          (b)  To qualify as an AR, an individual shall be an adult who has:

 

(1)  Expressed concern for the individual's wellbeing;

 

(2)  Sufficient knowledge about the individual's circumstances to assist the individual in applying for or receiving assistance; and

 

(3)  The capability to obtain information about the individual's circumstances.

 

          (c)  The individual may authorize an AR to carry out one or more of the following responsibilities:

 

(1)  Obtaining DHHS applications and other forms or DHHS paperwork, and completing these for the individual;

 

(2)  Attending eligibility interviews for the individual;

 

(3)  Providing DHHS with verification of the individual's income, resources and other case circumstances;

 

(4)  Reporting and verifying changes in the individual's case circumstances to DHHS;

 

(5)  Receiving the individual's assistance payment, electronic benefits transfer card, and other DHHS mail;

 

(6)  Asking for, attending, and representing the individual at administrative appeals for the individual; and

 

(7)  Any other duties regarding eligibility for financial assistance an individual chooses to designate to an AR.

 

          (d)  If designated pursuant to (a)(2) above, ARs shall:

 

(1)  Sign DHHS forms completed on behalf of the individual; and

 

(2)  Co-sign DHHS forms they assist the individual in completing.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91, EXPIRED: 6-26-97

 

New.  amd (g)(5) by #6825, eff 8-3-98; ss by #7182, eff
12-24-99, EXPIRED: 12-24-07

 

New.  #9063, eff 1-5-08; ss by #11042, eff 2-24-16

 

          He-W 603.02  Individual Responsibility to Supply Accurate Information.  Individuals shall supply complete and truthful answers to all written and verbal questions to establish eligibility or fulfill an eligibility requirement, pursuant to RSA 167:17-b.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5769, eff 1-3-94; ss by #6614, eff 10-24-97; ss by #7182, eff 12-24-99, EXPIRED: 12-24-07

 

New.  #9063, eff 1-5-08; ss by #11042, eff 2-24-16

 

          He-W 603.03  Individual Responsibility to Report Changes.  Failure to report changes no later than 10 calendar days after the change takes place, pursuant to RSA 167:17, shall result in the recoupment of any resultant overpayments or a corrective payment for any resultant underpayments.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #7182, eff 12-24-99, EXPIRED: 12-24-07

 

New.  #9063, eff 1-5-08; ss by #11042, eff 2-24-16

 

PART He-W 604  CASE DECISIONS

 

          He-W 604.01  Case Decisions.  Except where otherwise noted or specifically prohibited, an assistance group shall be eligible for financial or medical assistance only, or both financial and medical assistance concurrently, when all general, categorical, technical, and financial requirements for that category and type of assistance are met and verified.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #8452, eff 10-22-05; paragraph (b) in #6614 EXPIRED
10-24-05; ss by #10471, eff 11-26-13

 

          He-W 604.02  Notice of Decision.

 

          (a)  Except where otherwise specified, positive benefit changes shall take effect for the next available payroll period after the change is processed, as determined by computer processing cut-off dates.

 

          (b)  When positive and negative changes occur or are reported simultaneously, the changes shall be processed together and the combined effect of the changes shall determine the notice requirements as described in He-W 604.03.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 604.03  Advance Notice Period.

 

          (a)  The advance notice period shall be one of the following:

 

(1)  Five calendar days when terminating or reducing benefits due to fraud;

 

(2)  Ten calendar days before the date of action to discontinue, terminate, suspend, or reduce assistance; or

 

(3)  Thirty calendar days when the action is the result of information obtained from a US internal revenue service crossmatch report.

 

          (b)  For 12-month extended medical assistance (EMA), a 10-calendar day advance notice shall be provided when a client is moving out of state.

 

          (c)  Changes in client circumstances which occur or are reported during an advance notice period shall not be processed until the advance notice period has expired.

 

          (d)  The department shall not provide advance notice when federal regulations allow the option of dispensing with the advance notice when:

 

(1)  Factual information confirms the death of a recipient or of the FANF payee and there is no relative available to serve as payee;

 

(2)  A recipient provides a written and signed request to terminate assistance or gives written information which will result in the termination or decrease in the level of eligibility or amount of assistance;

 

(3)  A recipient has been admitted or committed to an institution and is no longer eligible for assistance;

 

(4)  A recipient’s location is unknown and the department mail is returned by the postal service indicating no forwarding address is on file;

 

(5)  The recipient has been accepted for assistance in another state;

 

(6)  A recipient is placed in a nursing facility or requires long term hospitalization;

 

(7)  All recipients in the assistance group have died;

 

(8)  A recipient has been receiving a positive grant adjustment and the adjustment period is complete;

 

(9)  A recipient requests in writing to voluntarily initiate, change or remove a vendor payee, or to change the amount of the vendor payment;

 

(10)  A recipient or assistance group is closed in one case and opened in another, and the eligibility level and benefit amount remain the same; and

 

(11)  A child is removed from the home as a result of a judicial determination or is voluntarily placed in foster care by the child’s legal guardian.

 

          (e)  For 12-month EMA, advance notice shall not be provided for the following situations:

 

(1)  There is no longer a dependent child in the 12-month EMA assistance group;

 

(2)  The client does not meet the employment requirements;

 

(3)  The client requests termination of benefits; or

 

(4)  If the result of gross earned income, minus child care costs, for all assistance group members exceeds the EMA income limit.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 604.04  Electronic Notification.

 

          (a)  Notices of decision (NOD), as defined in He-W 601.05(y), may be accessed electronically by the casehead, as defined in He-W 601.02(j), if the casehead:

 

(1)  Chooses to access NODs electronically;

 

(2)  Has an email account able to receive notifications from the department;

 

(3)  Provides the department with his or her email account address; and

 

(4)  Activates an account through the department’s eligibility web portal.

 

          (b)  If the casehead chooses to access NODs only electronically, no paper NODs shall be sent to the casehead via the mail.

 

          (c)  If the casehead chooses to access NODs only electronically, the casehead shall be responsible for the security and validity of the email account information provided to the department.

 

          (d)  All requirements that apply when the casehead receives a paper NOD shall apply when the casehead chooses to access NODs only electronically.

 

          (e)  If the casehead prefers to reestablish generation of paper NODs sent via the mail and chooses not to use the department’s eligibility web portal to make this change, he or she shall submit a request to the department in writing and include the following information:

 

(1)  The casehead’s printed name;

 

(2)  The request to reestablish generation of paper NODs;

 

(3)  The case number or recipient identification number (RID) assigned to the casehead’s case; and

 

(4)  The casehead’s signature.

 

          (f)  The date the department receives the completed request described in (e) above shall be the individual’s filing date for the request to reestablish paper NODs.

 

          (g)  Paper generation of NODs shall be generated to the casehead’s mailing address within 10 days of the individual’s filing date described in (f) above.

 

Source.  #9815, eff 11-19-10; ss by #10729, eff 11-25-14

 

          He-W 604.05  Electronic Account Access.

 

          (a)  Electronic accounts that contain the casehead’s electronic NODs and other confidential case information shall be activated through the department’s eligibility web portal by:

 

(1)  The casehead;

 

(2)  The casehead’s guardian, conservator, or protective payee;

 

(3)  An authorized representative or power of attorney chosen by the casehead; or

 

(4)  An organization acting as the casehead’s guardian, conservator, protective payee, authorized representative, or power of attorney.

 

          (b)  If an organization acting as the casehead’s guardian, conservator, protective payee, authorized representative, or power of attorney chooses to access a casehead’s electronic account, the organization shall:

 

(1)  Obtain the casehead’s permission to access the electronic account; and

 

(2)  Register with the department by providing the following information:

 

a.  The organization’s name, phone number, and street, mailing, and email address;

 

b. The name of a designated administrator for the organization who is responsible for maintaining confidentiality for the entire organization;

 

c.  A 4-digit pin, chosen by the administrator, for security purposes; and

 

d.  The administrator’s dated signature signifying an agreement to abide by confidentiality and safeguarding information policies, pursuant to RSA 167:31, RSA 167:32, 45 CFR 205.36 and 45 CFR 205.50.

 

          (c)  A casehead shall not have access to an electronic account through the department’s eligibility web portal once the casehead has given permission to an organization to access the casehead’s electronic account.

 

          (d)  If the organization chooses to access NODs only electronically, with no paper NOD mailed, the organization shall be responsible for the security and validity of the email account information provided to the department.

 

          (e)  All requirements that apply when the casehead receives a paper NOD shall apply when the organization chooses to access NODs only electronically on behalf of the casehead.

 

          (f)  If the organization prefers to reestablish generation of paper NODs sent via the mail, the organization shall do so using the department’s eligibility web portal to make this change.

 

Source.  #10729, eff 11-25-14

 

PART He-W 605 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 606  VERIFICATION

 

          He-W 606.01  General Verification Requirements - All Categories of Financial and Medical Assistance and Low-Income Subsidy Assistance.

 

          (a)  All general, categorical, technical, and financial factors related to the determination of eligibility and level of benefit for low-income subsidy assistance, pursuant to 42 USC 1396u-5, and all categories of financial and medical assistance, shall be verified at:

 

(1)  Initial determinations;

 

(2)  Redeterminations of eligibility;

 

(3)  Whenever a change occurs; or

 

(4)  When questionable as defined in He-W 601.06(w).

 

          (b)  Providing acceptable verification shall be the sole responsibility of the client, except where otherwise noted.

 

          (c)  Failure to verify any factor required for the determination of eligibility or level of benefit shall result in denial or termination of assistance for the entire assistance group, except where otherwise noted.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.02  Citizenship/Non-citizen Status.

 

          (a)  Citizenship or non-citizen status, formerly referred to as alien status, shall be verified at each assistance group member's initial determination of eligibility.

 

          (b)  If electronic verification, described in (h) below, fails to verify citizenship, the documents described in 42 CFR 435.407(a), (b), and (d) shall be considered acceptable verification of an individual’s US citizenship.

 

          (c)  Acceptable verification of immigrant status shall be documentation issued by the U.S. citizenship and immigration services (USCIS) stating that:

 

(1)  The individual’s deportation has been withheld under 8 USC 1253;

 

(2)  The non-citizen has been admitted as a refugee under 8 USC 1157;

 

(3)  The non-citizen has been admitted as an asylee under 8 USC 1158; or

 

(4)  The individual has been granted status as a lawful temporary or permanent resident under 8 USC 1255.

 

          (d)  An individual’s refusal or failure to verify citizenship, non-citizen status or sponsor status shall result in the denial or termination of financial assistance for the entire assistance group.

 

          (e)  If the non-citizen's sponsor no longer functions as a sponsor, either because the sponsoring organization no longer exists or the sponsor is unable to meet the non-citizen’s total financial needs, the non-citizen shall provide to the department, within 10 days of the date of application, one of the following:

 

(1)  If the non-citizen claims that the sponsoring organization no longer exists, a signed and dated written statement which includes the name of the sponsoring organization or agency and its former address, and the reason that the sponsoring organization or agency no longer exists, if known; or

 

(2)  If the sponsor is contributing no money, or the sponsor’s monetary contribution, combined with the non-citizen’s income makes the non-citizen financially eligible for a cash grant, a signed and dated affidavit on which the sponsoring organization or agency has provided:

 

a.  The non-citizen’s name;

 

b.  The non-citizen’s date of entry into the United States;

 

c.  The sponsor’s name and address;

 

d.  The amount of money the sponsor contributed to the non-citizen;

 

e.  The reason the sponsor is no longer able to meet the non-citizen’s financial needs; and

 

f.  A statement that the sponsor agrees to a financial audit, if needed, to substantiate conflicting information.

 

          (f)  Documentation provided by a state vital statistics agency in accordance with 42 CFR 435.407(b)(2) shall be considered acceptable verification of a birth record.

 

          (g)  Reasonable opportunity to present satisfactory documentary evidence of citizenship, pursuant to 42 CFR 435.956(g)(2), shall be 95 days from the date on the notice of decision as defined in He-W 601.05(y).

 

          (h)  Documentation provided by the social security administration (SSA), in accordance with 42 U.S.C. 1396-a(ee), shall be considered acceptable verification of (b) above.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; amd by #8865, eff 4-13-07; ss by #9274, eff
9-20-08; ss by #9848, eff 1-12-11; ss by #10698, eff 10-21-14

 

          He-W 606.03 - He-W 606.09 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.10  Residency.

 

          (a)  For the adult categories of financial or medical assistance, the individual's written statement of current address shall be accepted as verification of N.H. residence, unless conflicting evidence is present.

 

          (b)  If conflicting evidence is present, the department shall request additional evidence of residence, including, but not limited to:

 

(1)  Mail sent to the individual at the stated address;

 

(2)  Utility or other bills addressed to the individual at the stated address; or

 

(3)  Receipts from a landlord or mortgage company showing the current address.

 

          (c)  Failure to supply the additional evidence or failure of the additional evidence to verify residence, shall result in denial or termination of benefits as described in He-W 606.01(c).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.11  Temporary Absence From N.H.

 

          (a)  Verification of temporary absence from N.H. shall be required whenever an individual notifies the district office of an ongoing or intended absence.

 

          (b)  A verbal or written statement from the individual regarding the intent to retain N.H. residency shall be considered sufficient documentation, unless conflicting evidence is present.

 

          (c)  Questionable cases, including cases in which the individual has not notified the district office and the absence is longer than 30 days, shall be evaluated to determine whether the individual has abandoned residency or is possibly maintaining residency in both N.H. and another state.

 

(d)  If residency is still questionable after the evaluation described in (c) above, the individual shall submit verification of residency to the department of health and human services no later than 10 calendar days from the date on the notice requesting the required verification.

 

          (e)  Continuation of assistance shall be contingent upon the individual's ability to verify N.H. residency.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #8452, eff 10-22-05; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13; amd by #11120, eff 6-22-16

 

          He-W 606.12 - He-W 606.17 - RESERVED

 

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.18  Institutional Residence.

 

(a)  The department of health and human services (DHHS) shall verify institutional residence and the individual's status within the institution by written or verbal contact with the institution.

 

(b)  Individuals who received financial assistance but whose assistance was terminated at the time of admission to New Hampshire Hospital (NHH) shall have financial assistance redetermined pursuant to He-W 684.01 without a personal interview, as defined in He-W 601.06(l), if the individual meets the criteria in (c) below.

 

(c)  A personal interview shall not be required of individuals described in (b) above when the individual:

 

(1)  Is discharged within 60 days from the date of admission;

 

(2)  Provides to DHHS all of the following information in writing:

 

a. Individual’s name, case number, discharge address, and indication of whether the individual received financial assistance prior to admission to NHH;

 

b.  Date of admission to and discharge from NHH;

 

c.  Shelter costs for the non-adult categories of financial assistance;

 

d.  Assistance group composition of all the people that will reside at the discharge address with the individual, and their relationship to the individual;

 

e.  Current income of the individual and all household members;

 

f.  Current resources, pursuant to He-W 601.07(f), of the individual and all household members;

 

g.  Amount and type of any third-party medical coverage held by the individual and all household members;

 

h.  Any other changes in or information about case circumstances that would impact eligibility; and

 

i.  Individual’s or representative’s dated signature acknowledging:

 

1. That the individual has reported all changes that have occurred since the individual’s last eligibility determination and that the information provided to DHHS is true and complete to the best of his or her knowledge;

 

2.  That the individual must provide proof of all statements and information provided to DHHS, and that the individual’s or representative’s signature gives permission to DHHS to contact other persons or organizations to get additional proofs of the individual’s eligibility;

 

3.  That any person who intentionally makes a false statement or misrepresents his or her circumstances or intentionally fails to disclose the receipt of property, wages, income, or resources, or any change in circumstances that would affect his or her initial or continued eligibility for assistance may be found guilty of violating state law;

 

4.  That the individual must report any changes in circumstances within 10 calendar days of when the change occurs, or as instructed by DHHS, pursuant to RSA 167:17; and

 

5.  That if the individual is not satisfied with any decision made by DHHS, the individual may request an appeal within 30 calendar days from the date of the notice; and

 

(3)  Provides to DHHS documentation of changes in address, shelter costs for the non-adult categories of financial assistance, assistance group composition, income, resources, and medical coverage that have occurred since the last eligibility determination within 10 calendar days of the date of the request.

 

(d)  A personal interview shall be required to redetermine financial assistance for individuals released from an institution when:

 

(1)  An eligibility redetermination was due or overdue when the individual was admitted to New Hampshire Hospital;

 

(2)  An eligibility redetermination is due during the month the individual is discharged from New Hampshire Hospital;

 

(3)  DHHS determines that the individual failed or refused to cooperate without good cause pursuant to He-W 601.04(i) with the medical review process pursuant to He-W 685.01; or

 

(4)  The individual does not meet the criteria described in (c) above.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #8452, eff 10-22-05; former paragraphs (b)(2)-(3) in #6614 EXPIRED: 10-24-05; ss by #9083, eff 1-30-08; ss by #11042, eff 2-24-16

 

          He-W 606.19  Presence of a Dependent Child.

 

          (a)  Refusal or failure of the parent or caretaker relative to verify the presence of a dependent child shall result in the denial or termination of FANF financial and medical assistance for:

 

(1)  Each child whose presence is not verified; and

 

(2)  The parent or caretaker relative, if it cannot be verified that any dependent children are present.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.20  Deprivation Due to Death.

 

          (a)  The client shall provide verification of the parent's death whenever death is the cause of deprivation.

 

          (b)  The following documentation shall be acceptable for verifying death, provided the deceased is named on the document:

 

(1)  Death certificate;

 

(2)  Medical records or signed statement from the physician of the deceased;

 

(3)  Statement or bills from the undertaker or funeral home;

 

(4)  Legal documents that refer to the parent's death;

 

(5)  Documents issued by other agencies, such as Social Security, Veterans Affairs, or insurance companies, which refer to the death of the parent; or

 

(6)  Written statements from 2 individuals who have direct knowledge of the death.

 

          (c)  Refusal or failure to verify the parent's death shall result in the denial of FANF financial and medical assistance for each child for whom deprivation is not verified.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.21  Deprivation Due to Continued Absence.

 

          (a)  Refusal or failure to provide verification of continued absence shall result in the denial or termination of FANF financial and medical assistance for each child for whom deprivation is not verified.

 

          (b)  The client shall verify that continued physical absence of a parent currently exists, pursuant to He-W 628.01(e).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.22 Verification of Unemployment Status for the Unemployed Parent (UP) Medical Assistance Program.

 

          (a)  For the initial determination of eligibility for UP medical assistance pursuant to He-W 628.03, the applicant shall provide written documentation of the following:

 

(1)  The earnings of each parent for the preceding 24 months prior to the month of application for assistance;

 

(2)  The number of hours the principal wage earner (PWE), as defined in He-W 601.06(p), worked or anticipates working within each 30-day period which establishes the PWE’s status as unemployed;

 

(3)  Good cause, established in accordance with He-W 637.07, for the PWE’s refusing a bona fide offer of employment or training;

 

(4)  The work or education history of the PWE ending within one calendar year prior to the application for assistance;

 

(5)  The PWE’s eligibility for unemployment compensation; and

 

(6)  The PWE’s willingness to apply for and accept unemployment compensation, if eligible.

 

          (b)  For continuing eligibility, the individual shall provide written documentation of the following:

 

(1)  The number of hours the PWE worked in any month for which assistance is requested, and the anticipated hours of employment for the following month; and

 

(2)  The PWE’s willingness to apply for and accept unemployment compensation benefits, if not currently receiving those benefits.

 

          (c)  When an individual cannot obtain written documentation of work or education history, the individual’s written declaration shall not be accepted when the declaration is inconsistent with:

 

(1)  Other statements made by the individual;

 

(2)  Information provided for current or past requests for assistance; or

 

(3)  Written or verbal information received by the department from other sources.

 

          (d)  Failure to provide documentation as described in (a), (b) or (c) above shall result in the denial or termination of medical assistance for all the adults in the assistance group.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED 6-26-97

 

New.  #7084, eff 8-26-99; ss by #8970, eff 8-25-07; ss by #10163, eff 7-26-12

 

          He-W 606.23  Living with a Specified Relative.

 

          (a)  The relationship to a specified relative shall be verified:

 

(1)  At the initial determination of eligibility;

 

(2)  When a child is added to the assistance group;

 

(3)  When the specified relative changes; or

 

(4)  Whenever the relationship is questionable.

 

          (b)  The following shall be considered acceptable verification of the relationship between the specified relative and the child:

 

(1)  Birth, court, school, hospital, or medical records;

 

(2)  Marriage certificate;

 

(3)  Insurance policies;

 

(4)  Informal sources of relationship such as a family Bible; or

 

(5)  Written statements from 2 or more individuals who have direct knowledge of the family relationship.

 

          (c)  Refusal or failure to adequately verify the relationship between the child and the specified relative shall result in the denial or termination of financial and medical assistance for each child for whom the relationship is not verified.

 

          (d)  The living arrangement of the child and specified relative shall be verified through client statements obtained during the personal interview.

 

          (e)  If the living arrangement of the child is questionable, the following shall be considered acceptable verification:

 

(1)  School, medical, legal, or day care center records;

 

(2)  Other records which indicate where and with whom the child lives; or

 

(3)  A written statement from 2 or more individuals who have direct knowledge of the living arrangement.

 

          (f)  Refusal or failure to adequately verify that a child is living with a specified relative shall result in the denial or termination of financial and medical assistance for each child for whom such verification is not provided.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.24  Age.

 

          (a)  The age of each child in a FANF financial or medical assistance group shall be verified either at that child's initial determination of eligibility or whenever additional evidence indicates incorrect age.

 

          (b)  Refusal or failure to verify age shall result in the denial or termination of FANF financial and medical assistance for each child for whom age is not verified.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.25 - RESERVED

 

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.26  Strikers.

 

          (a)  The client's statement regarding circumstances related to the strike shall be acceptable verification, unless questionable.

 

          (b)  If the client’s statement is questionable as in (a) above, the client shall provide verification of the following circumstances:

 

(1)  Employees have been locked out of the workplace;

 

(2)  Employees are prevented from working due to other striking employees; or

 

(3)  Crossing the picket line is a threat to physical safety.

 

          (c)  If the client refuses or fails to provide required documentation in (b) above to substantiate non-participation in a strike, the individual shall be considered to be on strike.

 

          (d)  Participation in a strike shall be treated in accordance with He-W 634.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.27 - RESERVED

 

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.28  Proof of Identity.

 

          (a)  The identity for each assistance group member shall be verified at the initial eligibility determination.

 

          (b)  If electronic verification described in (e) below fails to verify identity, documents provided in accordance with 42 CFR 435.407(a), (c) or (d) shall be considered acceptable verification of an individual’s identity.

 

          (c)  Refusal or failure to verify identity shall result in the denial or termination of financial assistance for the entire assistance group.

 

          (d)  Reasonable opportunity to present satisfactory documentary evidence of identity, pursuant to 42 CFR 435.956(g)(2), shall be 95 days from the date on the notice of decision as defined in He-W 601.05(y).

 

          (e)  Documentation provided by the social security administration (SSA), in accordance with 42 USC 1396-a(ee), shall be considered acceptable verification of an individual’s identity.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #7666, eff 4-1-02; amd by #8452, eff 10-22-05; ss by #9274, eff 9-20-08; ss by #9848, eff 1-12-11; ss by #10698, eff
10-21-14

 

          He-W 606.29 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.30  NHEP Exemption.

 

          (a)  For an exemption due to temporary illness or injury, and pursuant to RSA 167:82, II, the NHEP participant shall provide a signed statement from a licensed physician, licensed physician assistant (PA), licensed advanced practice registered nurse (APRN), board-certified psychologist, master licensed alcohol and drug counselor (MLADC), licensed pastoral psychotherapist (LPP), licensed independent clinical social worker (LICSW), licensed clinical mental health counselor (LCMHC), or licensed marriage and family therapist (LMFT) explaining:

 

(1)  Why the individual is unable to participate in a NHEP activity;

 

(2)  The type of illness or injury; and

 

(3)  The length of time the illness or injury is expected to continue.

 

          (b)  For an exemption due to incapacity or disability, the individual shall provide a signed statement from a licensed physician, licensed PA, licensed APRN, board-certified psychologist, MLADC, LPP, LICSW, LCMHC, or LMFT, that explains:

 

(1)  Why the individual is unable to participate in a NHEP activity;

 

(2)  The type of incapacity; and

 

(3)  The permanent nature of the incapacity, unless the individual is eligible for FANF financial assistance on the basis of an incapacity or disability already documented.

 

          (c)  For an exemption due to school attendance, the individual shall provide a statement or other document from the school indicating full-time enrollment and attendance at an elementary, secondary, vocational, or technical school.

 

          (d)  For an exemption due to the illness or incapacity of another member of the assistance group, the individual shall provide a signed statement from a licensed physician, licensed PA, licensed APRN, board-certified psychologist, MLADC, LPP, LICSW, LCMHC, or LMFT, which includes:

 

(1)  An explanation of why the individual's presence is required in the home;

 

(2)  A description of the illness or incapacity of the assistance group member being cared for;

 

(3)  The expected date of recovery; and

 

(4)  Confirmation that no other member of the household is available or appropriate to provide the needed care.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; paragraph (a) intro. amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraph (a) intro. amd by #8869, eff 4-19-07; ss by #10471, eff 11-26-13; ss by #12718, eff 1-26-19

 

          He-W 606.31  Good Cause Reasons for Non-Cooperation with Child Support Requirement.

 

          (a)  To claim a good cause waiver for non-cooperation with the child support requirements described in RSA 167:79, III(c)(1)-(2) & (c)(4), for any of the reasons specified in RSA 167:82, III(b), the individual shall provide verification pursuant to 45 CFR 232.42(b) - 45 CFR 232.43, except as specified in this section.

 

          (b)  If a claim for good cause for non-cooperation with child support requirements is due to the claimant being or having been battered or subjected to extreme cruelty pursuant to 42 USC 602(a)(7), but verification pursuant to He-W 602.10(a)(1)(b.)(1.) is not submitted to support the claim, the department of health and human services (DHHS) shall accept a signed, written statement from the individual, under penalty of unsworn falsification pursuant to RSA 641:3, that:

 

(1)  States the reason for the claim of the battering or extreme cruelty; and

 

(2)  Indicates that cooperation with a child support requirement in RSA 167:79, III(c)(1)-(2) or (c)(4) would, pursuant to 45 CFR 260.52(c):

 

a.  Make it more difficult for the family to escape the situation of battering or extreme cruelty;

 

b.  Unfairly penalize the family who is or has been victimized by the situation of battering or extreme cruelty; or

 

c.  Put the family at further risk of the situation of battering or extreme cruelty.

 

          (c)  False information provided on a signed, written statement pursuant to (b) above shall result in the loss of the good cause waiver for non-cooperation with the child support requirement due to being battered or subjected to extreme cruelty, pursuant to 42 USC 602(a)(7)(B), and be considered a violation of RSA 167:17-b and RSA 641:3.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) rsvd by #5171, eff 6-26-91; ss by #7192, eff 2-1-00; ss by #9104, eff 3-15-08; ss by #11063, eff 3-25-16

 

          He-W 606.32  NHEP Medical Exemption Review Process.

 

          (a)  Required documentation for exemption from NHEP program participation due to medical conditions identified in He-W 606.30(a), (b) and (d) shall be subject to an exemption review process.

 

          (b)  The department or an agency, business, or organization designated by the department, herein-after referred to as a designee, shall conduct an exemption review process in order to assess an individual’s:

 

(1)  Physical or mental inability to engage in any of the NHEP activities pursuant to He-W 637 for any period of time; or

 

(2)  Inability to engage in any of the NHEP activities pursuant to He-W 637 for any period of time due to being required in the home to care for an ill or incapacitated household member.

 

          (c)  The department or its designee shall:

 

(1)  Have staff trained in the reviewing of medical information in order to perform the review process;

 

(2)  Have staff trained in the eligibility requirements of other financial assistance programs including but not limited to:

 

a.  Supplemental security income and social security disability income;

 

b.  APTD;

 

c.  Workers’ Compensation;

 

d.  ANB; and

 

e.  Other related financial assistance programs;

 

(3)  Review all supporting documentation provided by the individual and make a determination as to whether the documentation supports an exemption, pursuant to He-W 606.30; and

 

(4)  Determine the individual’s capacity for participation in an NHEP activity when an exemption is not granted.

 

          (d)  To obtain a temporary exemption from NHEP employment-related activities pursuant to RSA 167:82,II, pregnant women shall provide documentation from a licensed physician, an advanced registered nurse practitioner, a certified nurse midwife or certified medical practitioner which specifies the nature of the problem and the limitations or restrictions it imposes on NHEP participation.

 

          (e)  In order to obtain clarification of the documentation provided by the individual, the department or its designee shall contact any treatment providers indicated by the individual.

 

          (f)  The department or its designee shall require an interview with the individual requesting the exemption or request additional documentation when the department or its designee determines the documentation is insufficient to support the exemption, pursuant to He-W 606.30.

 

          (g)  Failure or refusal by the individual to document the exemption request or attend an interview with the department or its designee making the determination of exemption, without good cause pursuant to He-W 637.07, shall result in the denial of the exemption request.

 

          (h)  Individuals exempted from NHEP participation shall provide additional documentation whenever their conditions change or are expected to change as specified by their treatment providers.

 

          (i)  Individuals exempted under this section shall provide written releases from their treatment providers in order to participate in NHEP once their exemptions have ended.

 

          (j)  Individuals who have been participating in an NHEP activity as specified in (c) (2) above shall provide written releases from their treatment providers in order to change or expand their participation in NHEP.

 

          (k)  Failure to provide the written release required pursuant to (i) and (j) above, without good cause pursuant to He-W 637.07, shall result in a sanction pursuant to He-W 637.08.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91, EXPIRED: 6-26-97

 

New.  #8176, eff 10-1-04; paragraph (d) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-06; paragraph (d) amd by #8869, eff 4-19-07

 

          He-W 606.33 - He-W 606.35 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91, EXPIRED: 6-26-97

 

          He-W 606.36  Social Security Numbers (SSN) -FANF Financial Assistance.

 

          (a)  Acceptable documentation of a Social Security Number (SSN) shall be an SSN card issued to the individual by the Social Security Administration (SSA).

 

          (b)  Acceptable documentation of an application for an SSN shall be proof issued from the SSA that:

 

(1)  For newborns, an SSN has been applied for on behalf of the newborn; or

 

(2)  For all individuals except newborns, the individual has applied for an SSN.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6836, eff 8-26-98; ss by #8684, eff 7-21-06; ss by #10743, eff
12-12-14

 

          He-W 606.37  Application for Disability Benefits.  In accordance with He-W 652.07(b)(5), the applicant or recipient shall provide a letter from the Social Security Administration or provide a form designated by the Social Security Administration acknowledging the individual has applied for disability benefits under 42 USC 401-434 or 42 USC 1381-1383f.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5749, INTERIM, eff 12-1-93, EXPIRED: 3-31-94; ss by #5806, eff 3-30-94; ss by #7135, eff 11-23-99; ss by#9030, eff 11-17-07; ss by #11026, eff
1-23-16

 

          He-W 606.38 - He-W 606.40 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; rpld by #5819, eff 4-29-94

 

          He-W 606.41  Special Medical Assistance Only Coverage Groups.

 

          (a)  The only acceptable verification of pregnancy and fetal count for a pregnant woman who would not otherwise be eligible for medical assistance shall be a signed statement from a licensed physician, advanced practice registered nurse, or other licensed or certified medical practitioner which indicates:

 

(1)  The woman is pregnant;

 

(2)  The number of fetuses the pregnant woman is carrying; and

 

(3)  The expected date of delivery.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.42  OAA Age Requirements.

 

          (a)  Age shall be verified at the initial determination of eligibility, and whenever conflicting evidence indicates an incorrect age.

 

          (b)  Refusal or failure to verify age shall result in the denial or termination of OAA financial and medical assistance for the individual whose age is not verified.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.43 - He-W 606.54 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.55  Deemed Income.  Income deemed from a parent or legal guardian to a minor casehead, when the casehead lives with the parent or legal guardian, shall be verified in the same manner as income of a FANF or adult category assistance group member, unless otherwise designated.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10108, eff 4-4-12

 

          He-W 606.56 - He-W 606.57 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.58  Lump Sum Income.

 

          (a)  Failure or refusal to verify the lump sum income amount shall result in the termination or denial of FANF financial assistance.

 

          (b)  Failure or refusal to verify directly related expenses or amounts spent on life threatening circumstances shall result in these expenses not being subtracted when eligibility and the period of ineligibility is first calculated.

 

          (c)  Failure or refusal to verify changes, such as new shelter costs, life threatening circumstances, or incurred medical expenses during the period of ineligibility, shall result in the period of ineligibility not being recalculated.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.59  Treatment of Specific Types of Income.

 

          (a)  If the recipient's name and benefit amount are on the document, acceptable verification of social security administration (SSA) or SSI benefits shall be the following:

 

(1)  Current SSA or SSI check;

 

(2)  SSA or SSI check stub;

 

(3)  For SSA benefits only, the SSA letter of award; or

 

(4)  For SSA benefits only, the current SSA Bendex computer crossmatch listing supplied to the department from SSA.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #8452, eff 10-22-05; paragraph (a)(5) in #6614 EXPIRED: 10-24-05; ss by #10471, eff 11-26-13

 

          He-W 606.60  Verification of Educational Income - Adult Categories.  Acceptable verification of specific types of educational income shall be provided to the department, as follows:

 

          (a)  For U.S. Secretary of Education scholarships and grants:

 

(1)  Written or verbal contact with the financial aid officer at the individual's school; or

 

(2)  A letter of award;

 

          (b)  For work/study income:

 

(1)  Written or verbal contact with the financial aid officer at the individual's school;

 

(2)  Written or verbal contact with the individual’s employer to obtain earnings information; or

 

(3)  Pay stubs;

 

          (c)  For other post-graduate scholarships or grants:

 

(1)  Written or verbal contact with the financial aid officer at the individual's school; or

 

(2)  A letter of award;

 

          (d)  For veterans' educational assistance benefits:

 

(1)  A written or verbal statement from the Department of Veterans Affairs;

 

(2)  A letter of award which states the amount and that benefits are contingent upon regular school attendance; or

 

(3)  A check or check stub to verify the amount; and

 

          (e)  For student loans:

 

(1)  Written or verbal contact with the financial aid officer at the individual's school; or

 

(2)  A loan agreement or other loan document.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6672, eff 1-26-98, EXPIRED: 1-26-06

 

New.  #8744, eff 10-24-06; ss by #10699, eff 10-24-14

 

          He-W 606.61 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6672, eff 1-26-98, EXPIRED: 1-26-06

 

          He-W 606.62 - He-W 606.64 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; rpld by #6614, eff 10-24-97

 

          He-W 606.65  PASS Income and Resources.

 

          (a)  Acceptable verification of income and resources set aside under a PASS, as defined in He-W 601.06(o), shall be written documentation from the Social Security Administration that indicates:

 

(1)  The client is participating in the PASS;

 

(2)  The amount of income and resources to be excluded; and

 

(3)  The begin and end dates of the plan.

 

          (b)  Money set aside under a verified PASS plan, pursuant to (a) above, shall be treated as follows for all categories of financial and medical assistance:

 

(1)  PASS accounts are excluded as resources; and

 

(2)  SSI income allocated into a PASS account is excluded as income.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5248, eff 10-16-91; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.66 - He-W 606.67 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.68  Adult OAA and APTD Employment Expense Disregard.

 

          (a)  Verification of employment expenses shall not be required for adult category OAA and APTD financial assistance if the individual's claimed monthly employment expenses are $18.00 or less.

 

          (b)  Acceptable verification of the amount of employment expenses for adult category OAA and APTD financial assistance shall be:

 

(1)  For social security taxes, pay stubs, a letter or other written information from the employer which specifies the amount of social security taxes withheld from earnings;

 

(2)  For railroad retirement, pay stubs or a letter from the employer verifying the employment expense;

 

(3)  For federal withholding:

 

a.  Pay stubs or a letter from the employer verifying the employment expense; or

 

b.  For self-employed individuals, IRS tax forms or other documents which indicate the amount of federal withholding taxes being paid;

 

(4)  For transportation costs:

 

a.  A statement signed by the individual indicating whether reimbursement is received and the amount and source of the reimbursement;

 

b.  If child care related transportation costs are claimed, a statement signed by the child care provider attesting to the fact that it is necessary for the individual to provide the child's transportation;

 

c.  If the individual's own vehicle is used, a signed statement indicating the number of miles claimed and that such mileage is the shortest necessary to travel to and from work;

 

d.  If the individual rides in another person's privately owned vehicle, the documentation in c. above, and a statement signed by the driver which indicates the amount and frequency of the charge for transportation; or

 

e.  If the individual uses public transportation, a statement signed by the provider of the transportation which indicates the amount normally charged to the public and whether the charge is for one-way or round-trip;

 

(5)  For special clothing, paid receipts for purchased clothing which substantiate that the costs are recurring; and

 

(6)  For child care costs:

 

a.  If the individual is being reimbursed for child care costs through the department of health and human services (DHHS) child care assistance program, the amount, if any, of the child care fee which the individual must pay as shown on the DHHS invoice; or

 

b.  If there is no DHHS child care assistance program involvement with child care costs, acceptable documentation shall be:

 

1.  A statement signed by the individual indicating whether reimbursement is received and the amount and source of the reimbursement;

 

2.  A written statement signed by the child care provider indicating the amount and frequency of the child care cost; or

 

3.  DHHS verbal contact with the child care provider indicating the amount and frequency of the child care cost.

 

          (c)  If the individual fails or refuses to provide verification of a claimed expense, the amount of the unverified expense shall not be an allowable employment expense.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5750, eff 12-1-93; ss by #7135, eff 11-23-99; ss by #9030, eff 11-17-07; ss by #11026, eff 1-23-16

 

          He-W 606.69  Impairment Related Work Expenses.

 

          (a)  When claiming impairment related work expenses (IRWE’s) during the substantial gainful activity eligibility process pursuant to RSA 167:6, VI, APTD applicants shall furnish the department of health and human services (DHHS) with documentation of the need for and the unreimbursed cost of one or more of the IRWE’s described in 20 CFR 416.976.

 

(b)  Acceptable documentation of the need for IRWE’s shall be a signed statement from a physician, psychologist, vocational rehabilitation counselor, or other medical health professional which:

 

(1)  Indicates that the expense is related to the applicant’s impairment and is necessary for employment; and

 

(2)  Is dated within 30 days of the date that the documentation is provided to DHHS.

 

          (c)  Acceptable documentation of the unreimbursed cost of the expense shall be a paid receipt, canceled check or other documentation that demonstrates that the applicant has paid for the item or service out of his or her own funds, and has not and will not be reimbursed for the expense.

 

          (d)  For an applicant wishing to claim mileage expenses for his or her specially equipped vehicle, the applicant shall provide documentation of:

 

(1)  The ownership, make, and model of the vehicle;

 

(2)  The specific modifications that were made to the vehicle; and

 

(3)  The number of miles traveled to and from work.

 

          (e)  Refusal or failure to provide verification of an IRWE shall result in the expense not being allowed as a deduction from earned income.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5750, eff 12-1-93; ss by #7135, eff 11-23-99; ss by #9030, eff 11-17-07; ss by #11026, eff 1-23-16

 

          He-W 606.70 - He-W 606.72 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.73  Child Care Costs for All Categories.

 

          (a)  If the individual refuses or fails to verify child care costs, the unverified amount shall not be:

 

(1)  An allowable employment expense; nor

 

(2)  Subtracted from household income when determining financial eligibility.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13; ss by #10471, eff 11-26-13

 

He-W 606.74  Allowable Deductions.

 

(a)  Acceptable verification of allowable deduction amounts for cash assistance programs shall include:

 

(1)  For training expenses:

 

a.  The same documentary evidence required under He-W 606.68 for transportation costs, special clothing, child care costs, and other allowable expenses; and

 

b.  A letter from an official of the training program which states that the expense is required and a receipt or other verification showing the amount which is required to be paid for the expense;

 

(2)  For court-ordered child support, a copy of the most current court order;

 

(3)  For court-ordered alimony, a copy of the most current court order; and

 

(4)  For garnishments, a letter from the employer.

 

(b)  If the individual refuses or fails to provide verification of a claimed expense, the amount of the unverified expense shall not be considered an allowable deduction.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5565, eff 2-8-93; ss by #6955, eff 3-3-99; ss by #8783, INTERIM, eff 12-30-06, EXPIRES: 6-28-07; ss by #8903, eff 6-28-07; ss by #10895, eff 7-22-15

 

          He-W 606.75  Allocated Income.

 

          (a)  If the individual refuses or fails to verify a claimed allocation, the unverified amount shall not be an allowable deduction.

 

          (b)  The institutionalized individual who has a spouse living in the community, shall provide verification of the following:

 

(1)  The need for institutionalization of at least 30 days;

 

(2)  The income and shelter expenses of the spouse who resides in the community, if applicable;

 

(3)  Marital status;

 

(4)  Incurred medical expenses of the institutionalized individual, if applicable;

 

(5)  Legal dependent status and income of individuals claimed as dependents, if applicable;

 

(6)  Identity of the dependent and relationship of the dependent to the institutionalized individual or spouse who supports the dependent, if applicable; and

 

(7)  Court ordered support against the institutionalized individual, if applicable.

 

          (c)  Acceptable verification of (b)(1) through (7) above, shall include the documentation listed below:

 

(1)  A signed and dated statement from the admitting physician, caseworker, hospital social worker, bureau of elderly and adult services social worker, or representative of the institution, which indicates that based on available medical data, the institutionalized individual requires a minimum of 30 days of institutionalization;

 

(2)  Documentation which substantiates the amount and frequency of income as specified in He-W 606.59;

 

(3)  A marriage certificate, a record of marriage from the town clerk's office, or other document that provides proof of marriage;

 

(4)  Documentation which is no more than 2 months old and which substantiates the community spouse's shelter expenses, such as:

 

a.  Rent receipts which indicate the amount and frequency of payment;

 

b.  A bill or receipt for the mortgage payment;

 

c.  Property taxes;

 

d.  Fire insurance premiums;

 

e.  Trailer park lot rent;

 

f.  Utility expenses; or

 

g.  Condominium fees;

 

(5)  Bills or receipts which substantiate that the institutionalized spouse has incurred non-reimbursable medical expenses and the frequency of such expenses;

 

(6)  A copy of the most recent filed internal revenue service (IRS) income tax return or other documentation which substantiates legal dependency status;

 

(7)  A driver's license, military record, voter registration card, school or hospital record, or any other document that establishes the identity of the dependent;

 

(8)  A birth certificate, baptismal record, marriage certificate, or other documentation which establishes the relationship between the dependent and the spouse who provides support; and

 

(9)  A copy of the court order or other documentation which substantiates that the institutionalized spouse has been ordered to pay support and which indicates the amount and frequency of such support payments.

 

          (d)  The allocation from the institutionalized individual's income to the community spouse shall take effect in the month that the institutionalized individual provides documentation of the items cited in He-W 606.75(b).

 

          (e)  If documentation described in (d) above is provided within 10 calendar days of the district office request, the allocation shall take effect the month in which the request was made.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.76  Resources - Basic Principles.  If excluded resources have been commingled with countable resources, the client shall provide proof of the portion which is excluded.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.77 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.78  Personal Property Resources.

 

          (a)  For all categories of financial assistance:

 

(1)  The following documents shall be used to verify that a resource is legally unavailable to the applicant or recipient, pursuant to RSA 167:81, IV(e):

 

a.  For irrevocable trust funds, the trust instrument or agreement;

 

b.  For irrevocable burial funds, the bank account, agreement, trust instrument, or similar document which clearly states that the burial funds are not legally available to the individual; and

 

c.  For property in probate, written or verbal contact with the register of probate in the appropriate county indicating that the property is currently in probate and legally unavailable to the applicant or recipient or a letter from the attorney handling the property indicating the property is legally unavailable to the applicant or recipient;

 

(2)  Acceptable verification of income tax refunds or lump sum earned income tax credit payments shall be a copy of the tax refund check or the applicant’s or recipient’s submitted tax return;

 

(3)  Acceptable verification of the value of IRA and non-contractual Keogh accounts and penalty for early withdrawal shall be a written statement from the financial institution where the account was issued indicating the current balance in the account and penalty for withdrawal of the entire amount in the account;

 

(4)  Acceptable verification of the type of Keogh account, such as contractual or non-contractual, shall be a written statement from the individual's employer or the financial institution where the account was issued indicating whether it involves a contractual relationship with other individuals and if money can be withdrawn without affecting the other individuals involved;

 

(5)  Acceptable verification of the face value of life insurance shall be:

 

a.  The actual policy itself; or

 

b.  Written or verbal contact with the insurance company when the face value cannot be determined using the actual policy;

 

(6)  Acceptable verification of the equity value of life insurance shall be determined by written or verbal contact with the insurance company;

 

a.  Using the cash value or non-forfeiture of benefits table, if there is no loan on the policy; or

 

b.  Written or verbal contact with the insurance company, if there is a loan on the policy;

 

(7)  Acceptable verification of lump sum death benefits shall be a letter of award, written contact with the agency providing the benefit or with the funeral director arranging for payment of the benefit, or if written documentation cannot be furnished, department of health and human services (DHHS) verbal contact with the agency or funeral director;

 

(8)  Acceptable verification of resources resulting from an accumulation of types of income which are excluded by federal mandate shall be letters of award, written statements from the source providing benefits, or, if written documentation cannot be furnished, DHHS verbal contact with the source providing the benefits;

 

(9)  Acceptable verification of stocks and bonds shall be the market value of the stock or bond in the financial section of a current newspaper or, if written documentation cannot be located, DHHS verbal contact with a stock broker; and

 

(10)  Good faith effort to sell a personal property asset that cannot be readily converted to cash shall be newspaper clippings or evidence of other means of advertising showing that the asset is for sale at a price commensurate with the property’s fair market value.

 

(b)  For verification of resources for the FANF category of financial assistance the following shall apply:

 

(1)  For equity value of a vehicle:

 

a.  The fair market value of an automobile or truck shall be verified by using the “trade-in value” in the most recent edition of the NADA Official Used Car Guide, also known as the “Blue Book”;

 

b. The fair market value shall not be increased because of special equipment for the handicapped, low mileage, or optional equipment;

 

c.  If the applicant or recipient states that the fair market value in the Blue Book does not apply to the vehicle because of body damage or other factors, the individual shall present verification of the true fair market value of the vehicle from an auto dealer or an individual who is engaged in a vehicle sales or service business; and

 

d.  If a vehicle is custom made, too old, or too new to be included in the Blue Book, the applicant or recipient shall verify its fair market value by:

 

1.  Obtaining an appraisal from an automobile dealer or an individual who is engaged in a vehicle sales or service business;

 

2.  Submitting a tax assessment on the vehicle indicating its value; or

 

3.  Submitting a newspaper advertisement which indicates the amount for which like vehicles are being sold;

 

(2)  The applicant’s or recipient’s written statement shall be acceptable verification of the fact that a vehicle is a junk vehicle, provided the statement gives an accurate and complete description of the vehicle's condition; and

 

(3)  Acceptable verification of the fact that farm machinery and vehicles are necessary for subsistence, maintenance, or employment shall be a written statement from the applicant or recipient.

 

(c)  Acceptable verification of incurred unpaid medical expenses for adult category financial assistance shall be bills which substantiate the amount of unpaid medical expenses that the applicant or spouse have incurred and that the applicant or spouse is still liable for the unpaid medical expenses.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5392, eff 5-11-92, EXPIRED:
5-11-98

 

New.  #6779, INTERIM, eff 6-27-98, EXPIRED: 10-25-98; ss by #6817, eff 7-25-98; amd by #7295, eff 6-1-00; amd by #8684, eff 7-21-06; ss by #9174, eff 6-7-08; amd by #10259, eff 1-24-13; ss by #11141, eff 7-22-16

 

          He-W 606.79 - He-W 606.82 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.83  Verification of Shelter and Living Arrangement.

 

          (a)  The minimum verification information for a rental situation shall consist of the:

 

(1)  Date tenancy began;

 

(2)  Rent amount;

 

(3)  Payment period;

 

(4)  Home address;

 

(5)  Housing or rent subsidy type;

 

(6)  Gross family contribution for tenants receiving deep subsidy rental assistance;

 

(7)  Basic rent for tenants in unsubsidized HUD 236 housing; and

 

(8)  Number of people living in the unit.

 

          (b)  If the client is unable to provide the documentation required in (a) above, the district office shall request the required information directly from the landlord or property manager, with a requested return date 10 calendar days later.

 

          (c)  If the landlord or property manager does not respond within the timeframe specified in (b) above, a written statement from the client shall be acceptable verification.

 

          (d)  Acceptable verification of home ownership shall be:

 

(1)  A copy of the mortgage or deed;

 

(2)  A written statement on the letterhead of the bank or lending institution that specifies the terms of the mortgage payment; or

 

(3)  Bills or receipts for the mortgage payment, property taxes, fire insurance premiums, trailer park lot rental, or other expenses attributable to owning the home, such as condominium association fees.

 

          (e)  Acceptable verification of rooming, boarding, shared, or provided shelter arrangements, shall be a signed and dated statement from the individual providing or sharing the shelter which contains:

 

(1)  An explanation of the exact nature of the shelter arrangement; and

 

(2)  The cost(s) to the client.

 

          (f)  In situations where the liability for the mortgage payment is shared with an individual who is not an assistance group member, acceptable verification of home ownership shall be:

 

(1)  A signed statement from the individual who shares the liability; or

 

(2)  A letter from an attorney, certified public accountant, or lending institution, certifying the extent of the client’s liability.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

He-W 606.84  Adult Category Verification of Shelter and Living Arrangement.

 

          (a)  Acceptable verification of living arrangement and assistance group size shall be the applicant's or recipient's statement.

 

          (b)  If questionable, the applicant or recipient shall verify the living arrangement pursuant to He-W 606.83.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.85 - He-W 606.88 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.89 - RESERVED

 

Source.  (See Revision Note at Part Heading for He-W 806)

 

          He-W 606.90  Retroactive Medical Assistance.  All factors of eligibility shall be verified for each retroactive month for which assistance is requested.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.91 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.92  Telephone Redetermination.

 

          (a)  Current recipients of any program of financial assistance who reapply for assistance via the telephone, shall be considered to have requested a redetermination as described in He-W 684.01(a).

 

          (b)  The telephone redetermination process pursuant to (a) above shall only be available as funding and resources within the current state fiscal year are available.

 

          (c)  All general, categorical, technical, and financial requirements that apply when eligibility for assistance is redetermined whether based on federal or state law, federal regulation, or published department rules, shall apply when an individual requests a redetermination pursuant to (a) above.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5440, eff 7-24-92; ss by #6817, eff 7-25-98; rpld by #8018, eff 12-20-03; ss by #9787, eff 10-1-10; ss by #12714, eff 1-23-19 (formerly He-W 606.101)

 

          He-W 606.93 - He-W 606.97 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.98  Twelve-Month Extended Medical Assistance.

 

          (a)  The FANF parent or caretaker relative shall provide documentation of the following as an eligibility requirement for receipt of 12-month extended medical assistance:

 

(1)  Evidence which substantiates a good cause claim for failure to return a complete quarterly report on time, as required in 42 USC 1396r-6;

 

(2)  Evidence which substantiates a good cause claim for failure to be employed;

 

(3)  Earned income of all household members whose earnings are countable, for each month in the quarter; and

 

(4)  Child care costs for each month in the quarter.

 

          (b)  Acceptable documentation for failure to return a complete quarterly report on time due to a mail delay, shall be:

 

(1)  The envelope for the quarterly report form which was post marked prior to the due date; or

 

(2)  The quarterly report form which was date stamped by the district office on or before the due date.

 

          (c)  Acceptable documentation for failure to return a complete quarterly report on time due to illness, shall be the FANF parent’s, caretaker relative's, or physician's signed and dated statement describing:

 

(1)  The duration and nature of the illness; and

 

(2)  How the illness specifically resulted in a late quarterly report.

 

          (d)  Acceptable documentation for failure to be employed or to return a complete quarterly report on time due to an emergency, shall be the FANFP parent’s or caretaker relative's signed and dated statement describing:

 

(1)  The emergency; and

 

(2)  How it specifically resulted in the failure to be employed or in the late quarterly report.

 

          (e)  Acceptable documentation for failure to be employed due to involuntary loss of employment shall be:

 

(1)  A lay-off or firing notice;

 

(2)  A signed and dated statement from the employer which indicates that the FANF parent or caretaker relative's termination of employment was involuntary;

 

(3)  Proof of receipt of unemployment benefits or a statement from the department of employment security indicating that the FANF parent or caretaker relative is eligible for unemployment benefits; or

 

(4)  A notarized statement from another individual who has direct knowledge of the circumstances which caused the FANF parent’s or caretaker relative's involuntary loss of employment.

 

          (f)  Acceptable documentation for failure to be employed due to illness of a family member, shall be the FANF parent’s, caretaker relative's, or physician's signed and dated statement describing:

 

(1)  The duration and nature of the illness; and

 

(2) How the illness specifically resulted in the FANF parent or caretaker relative's lack of employment.

 

          (g)  Acceptable documentation of earned income shall be pay stubs or a statement from the employer which provides the amount and frequency of earnings for each of the 3 months in the quarter.

 

          (h)  Acceptable documentation of child care costs shall be a receipt or bill which provides:

 

(1)  The amount and frequency of child care costs for each of the 3 months in the report period; and

 

(2)  A statement from the third party payor indicating the amount subject to third party reimbursement, if applicable.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.99 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.100  Redetermination of Eligibility.

 

          (a)  For a desk review, as defined in He-W 601.03(g), the client shall provide the required verification of the change in case circumstances no later than 10 calendar days from the date on the notice requesting the required verification.

 

          (b)  For a full redetermination, the client shall provide the required verification no later than 10 calendar days:

 

(1)  After the personal interview; or

 

(2)  From the date on the notice requesting the required verification, if a personal interview is not required.

 

          (c)  When verification has been requested from a third party such as an employer or landlord, and the verification has not been received within the time frames above, 10 additional calendar days shall be allowed after the district office sends a follow-up letter to the third party and the client.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 606.101 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5440, eff 7-24-92; ss by #6817, eff 7-25-98; rpld by #8018, eff 12-20-03; ss by #9787, eff 10-1-10; (moved by #12714 to He-W 606.92)

 

          He-W 606.102 - He-W 606.103 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 606.104  Verification Requirements for Emergency Assistance.

 

(a)  The following general verification requirements shall apply to any client requesting emergency assistance:

 

(1)  Clients shall provide the documentation in (b) below of their emergency situation within 10 calendar days of their request for emergency assistance.  Failure to provide the required verification shall result in denial of the emergency assistance request;

 

(2)  Clients shall provide documentation indicating the amount of assistance necessary to cure the emergency situation;

 

(3)  Clients shall provide documentation of the personal property resources, as defined in He-W 699.05, owned by the assistance group;

 

(4)  For utility deposits, utility arrearages, and deliveries of home heating fuel, the client shall provide documentation indicating that energy assistance funds are not available to meet the emergency need;

 

(5)  For deliveries of home heating fuel, the client shall provide documentation from the fuel delivery company indicating that payment of the current delivery and/or the arrearage amount at his or her current or past residence will allow a current fuel delivery; and

 

(6)  Clients shall provide additional documentation indicating that the payment authorized by the department shall cure the emergency situation, if the amount of the emergency need exceeds the maximum emergency assistance provided by the department, as specified in He-W 699.05.

 

          (b)  Acceptable documentation shall be:

 

(1)  A bill, rental agreement, or other document signed and dated by the landlord indicating the amount of the security deposit;

 

(2)  A bill, or signed and dated statement provided by a representative of the utility company indicating the amount of the utility deposit;

 

(3)  One of the following, if the amount of the security deposit, utility deposit, home heating fuel delivery, or employment related barrier item is greater than the maximum allowed by the department, as defined in He-W 699.05, plus the client's personal property resources, as defined in He-W 699.05:

 

a.  A signed and dated statement from an outside source indicating that it shall provide the remainder of the deposit, home heating fuel cost, or employment related barrier cost;

 

b.  A signed and dated statement from the landlord, utility company, home heating fuel company, or provider stating that the payment authorized by the department shall secure the housing, utility, home heating fuel, or provide the employment related barrier item; or

 

c.  Documentation that a payment plan has been arranged for the remainder of the deposit, home heating fuel cost, or employment related barrier cost;

 

(4)  A termination notice, a bill, or statement from the utility company indicating the amount of the utility arrearage;

 

(5)  One of the following, if the amount of the back rent, mortgage principal and interest, or utility arrearage exceeds 2 months:

 

a.  A signed and dated statement from the landlord, mortgagee, or utility company indicating that payment of a 2 month portion of the arrearage shall respectively prevent eviction, foreclosure, or termination of utility service;

 

b.  A signed and dated statement from an outside source indicting that it shall provide payment of the remainder of the back rent, mortgage principal and interest, or utility bill; or

 

c.  A signed and dated statement from the landlord, mortgagee, or utility company indicating that a payment plan has been arranged for the balance of the arrearage;

 

(6)  An eviction notice, court order, notice to quit, or a signed and dated written demand for rent for an actual or pending eviction, indicating the name of the landlord and the amount of the back rent;

 

(7)  A notice of foreclosure, court order, or a signed and dated written demand for mortgage principal and interest initiating foreclosure proceedings, indicating the name of the mortgagee and the amount of the back mortgage principal and interest;

 

(8)  A currently dated bank book or bank statement, or a signed and dated statement from a representative of the financial institution for personal property resources;

 

(9)  Fuel assistance termination letter, or a signed and dated statement from a representative of the organization administering federal fuel assistance payments specifying the reason that fuel assistance is not available to meet the emergency need;

 

(10)  One of the following, if verifying incapacity:

 

a.  A check, letter or other document from the social security administration indicating receipt of social security disability benefits or supplemental security income benefits; or

 

b.  A physician's statement indicating that the individual is disabled and unable to work for a period of at least 30 days from the date of application for emergency assistance; or

 

(11)  A bill, or signed and dated statement by a representative of the provider indicating the amount of the employment related barrier expense.

 

(12)  One of the following, if there are unsafe or unhealthy living conditions:

 

a.  Documentation of the unsafe or unhealthy living conditions from a third party, including but not limited to a school nurse, school counselor, social worker, case manager, therapist, housing and support services, town welfare, primary medical provider, or pastoral support; or

 

b.  The individual’s written self-attestation of the unsafe or unhealthy living conditions.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5370, eff 4-13-92; amd by #6672, eff 1-26-98; ss by #6754, eff 5-20-98; ss by #8596, eff
3-30-06; ss by #10563, eff 3-30-14; ss by #10860, eff 6-30-15; amd by #12697, eff 12-31-18

 

PART He-W 607 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 608  USE OF MONEY PAYMENTS

 

          He-W 608.01  Use of Money Payments.

 

          (a)  The client shall be responsible for the satisfaction of his or her creditors to the same extent as any other citizen.

 

          (b)  The department shall not intervene in disputes involving the client and a provider in matters relating to financial obligations.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10495, eff 1-1-14

 

          He-W 608.02  Prohibited Use of Money Payments.

 

          (a)  A violation of RSA 167:7-b,I shall have occurred if the electronic benefit transfer (EBT) card assigned to the individual designated as the EBT cardholder, or cash obtained with the EBT card, was used at a business described in RSA 167:7-b,II, as determined by the EBT record of transaction indicating usage of the EBT card at a point-of-sale (POS) device or ATM machine that is located within the walls of the place of business.

 

          (b)  A finding of a violation pursuant to (a) above shall result in the application of the suspension provisions at RSA 167:7-b,I, pursuant to (c) below, subject to the administrative appeals process described in He-C 200.

 

          (c)  For the purposes of applying suspension provisions in accordance with RSA 167:7-b,I, the following shall apply if the individual designated as the EBT cardholder is a member of the assistance group (AG):

 

(1)  Subject to opportunity for a hearing through the administrative appeals process described in He-C 200, the suspension of cash assistance benefits shall be applied beginning the first semi-monthly payment period following the date that a violation of RSA 167:7-b has been discovered, pursuant to (a) above; and

 

(2)  Financial assistance benefits for the AG during the suspension period shall be determined by:

 

a.  Recalculating eligibility based on removing the person who has been designated as the EBT card holder as an eligible individual from the AG, while counting that individual’s income, resources, and expenses for the AG in order to determine the sanction amount;

 

b.  Deducting any other sanctions currently being applied to the AG from the amount derived in (2)a. above;

 

c.  Dividing the amount obtained in (2)b. above by 2, to determine the 2 semi-monthly payments pursuant to He-W 670.04; and

 

d.  Removing the sanction amount as determined in (2)c. above from the AG’s EBT card for the number of payment periods required by RSA 167:7-b,I.

 

          (d)  If the person who has been designated as the EBT card holder is not a member of the AG and a violation of RSA 167:7-b,I has occurred pursuant to (a) above, then the following shall apply, subject to a hearing which may be requested through the administrative appeals process described in He-C 200:

 

(1)  The person who has been designated as the EBT card holder shall reimburse the state for the funds used at the restricted location within 15 days of the notice of the violation or under such repayment terms as is agreeable to both the department and the person, pursuant to (h) below; and

 

(2)  The members of the AG shall designate a new EBT card holder within 15 days of the notice of the violation.

 

          (e)  Failure to reimburse the state within the timeframes pursuant to (d)(1) above shall result in a fraud referral to the department of justice, office of the attorney general.

 

          (f)  Failure to designate a new EBT cardholder within the timeframes pursuant to (d)(2) above shall result in termination of financial assistance for the entire AG.

 

          (g)  For the purpose of this section:

 

(1)  The phrase “gaming establishment” referenced in RSA 167:7-b,II(c), shall:

 

a.  Include commercial and charitable bingo halls, card halls, or race tracks, even if the gaming provided is through video, rather than live, events; and

 

b.  Not include establishments such as, but not limited to, grocery stores or convenience stores, whose only gaming activity is in the sale of lottery tickets or lucky 7 tickets and the sale of these tickets is secondary to the establishment’s sales of other goods unrelated to gaming;

 

(2)  The phrase “retail establishments which provide adult-oriented entertainment” referenced in RSA 167:7-b,II(d) shall include:

 

a.  Establishments in which greater than 50% of visible inventory being sold or rented, is material, as defined in RSA 650:1,III, in which performers disrobe or perform in an unclothed state for entertainment; and

 

b.  Establishments which provide on or off-site adult-oriented entertainment for such venues commonly referred to as, but not limited to, bachelor parties or peep shows, in which performers disrobe or perform in an unclothed state for entertainment; and

 

(3)  The phrase “off-premises retail licensees that exclusively or primarily sell beer, wine, or other alcoholic beverages” referenced in RSA 167:7-b, II(b) shall:

 

a.  Include any establishments in which greater than 50% of visible inventory is beer, wine, or other alcoholic beverages; and

 

b.  Not include establishments that have been certified as a food stamp retailer, pursuant to 7 CFR 278.1.

 

          (h)  For purposes of (d)(1) above, repayment terms shall be considered agreeable to both the department and the person when the individual designated as the EBT cardholder has:

 

(1)  Contacted the special investigations unit (SIU) to discuss a repayment plan within the time period described in (d)(1) above;

 

(2)  Provided the following information on the repayment plan:

 

a.  Date of birth;

 

b.  Mailing address; and

 

c.  Case number, if the individual is a member in another AG; and

 

(3)  Within 15 days of the date of the repayment plan agreement, returned the repayment plan agreement with his or her dated signature attesting to the amount, frequency, and dates of the partial payments that he or she shall make until the amount used at the restricted location is paid in full.

 

Source.  #10495, eff 1-1-14; amd by #11043, eff 2-24-16

 

PART He-W 609 - 615 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 616  CITIZENSHIP/ALIEN STATUS

 

          He-W 616.01  Sponsored Aliens Who Apply for FANF Financial and Medical Assistance.

 

          (a)  For an alien who has been sponsored by an agency or an organization to be eligible for FANF financial or medical assistance, the following conditions shall be met:

 

(1)  The alien shall provide a signed and dated affidavit, on which the sponsoring agency or organization has provided the following:

 

a.  The name of the alien;

 

b.  The alien's date of entry into the United States;

 

c.  The name and address of the sponsor;

 

d.  The amount of money the sponsor contributed to the alien, if any;

 

e.  The reason the sponsor cannot meet the alien's total needs; and

 

f.  A statement that the sponsor agrees to a financial audit when needed to substantiate conflicting information;

 

(2)  The sponsor shall be considered to be not meeting the alien's total needs, if:

 

a.  The sponsor is contributing no money to the alien; or

 

b.  The amount contributed is not enough to render the case ineligible for FANF financial assistance due to excess income; and

 

(3)  If the alien claims that the sponsoring agency or organization no longer exists, the alien shall provide:

 

a.  A signed, written and dated statement indicating the name and former address of the sponsor;

 

b.  A statement that the sponsor no longer exists; and

 

c.  The reason the sponsor no longer exists, if known.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 616.02  Eligibility of Qualified Aliens.

 

          (a)  As long as all other eligibility requirements are met, financial and medical assistance shall be provided to qualified aliens as defined in 8 USC 1641(b), under the following conditions:

 

(1)  The qualified alien entered the United States with a status within the meaning of the term “qualified alien” before August 22, 1996; or

 

(2)  For qualified aliens who enter the United States on or after August 22, 1996, a period of 5 years has elapsed since the date of the alien’s entry into the United States with a status within the meaning of the term “qualified alien.”

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6446, eff 2-1-97; ss by #8271, eff 2-1-05, EXPIRED: 2-1-13

 

New.   #10275, eff 2-21-13

 

PART He-W 617 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 618 - RESIDENCY

 

          He-W 618.01 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6595, eff 10-1-97; amd by #7192, eff 2-1-00; paras. (a)-(d) EXPIRED: 10-1-05; paras. (e)-(h) EXPIRED: 2-1-08

 

          He-W 618.02  Temporary Absence from New Hampshire.

 

          (a)  For adult category financial assistance, "temporary absence" shall be defined in accordance with He-W 601.08.

 

          (b)  Acceptable reasons for a temporary absence shall include the following:

 

(1)  Visiting;

 

(2)  Vacationing;

 

(3)  Temporary hospitalization;

 

(4)  Convalescent care; or

 

(5)  School attendance.

 

          (c)  Recipients shall notify the department of all absences from the state.

 

          (d)  When a recipient who is absent from New Hampshire fails to notify the department of that absence, and the department becomes aware of the absence, the absence shall be considered temporary for at least 30 days and assistance shall continue for that period of time.

 

          (e)  When unreported absences last longer than 30 days, continuation of assistance shall be contingent on the recipient’s verification of New Hampshire residency.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13; ss by #13589, eff 3-24-23

 

PART He-W 619  PRESUMPTIVE ELIGIBILITY FOR HOME AND COMMUNITY-BASED CARE FOR THE ELDERLY AND CHRONICALLY ILL (HCBC-ECI)

 

He-W 619.01  Definitions.  As used in this section, the following terms shall have the meanings indicated:

 

(a)  “Expedited disability determination” means any of the following determination processes implemented by the Social Security Administration:

 

(1)  Quick disability determination pursuant to 20 CFR 404.1602;

 

(2) Terminal illness determination pursuant to the Social Security Administration (SSA) Programs Operations Manual System (POMS) section DI 23020.045; or

 

(3)  Presumptive disability determination pursuant to 20 CFR 416.931 through 416.934.

 

(b)  “Presumptive eligibility (PE)” means a period of medical coverage, excluding home or environmental modification coverage, extended to qualifying individuals pending the final processing of a Title XIX medicaid application.

 

(c)  “Presumptive eligibility period” means, with respect to applicants for HCBC-ECI services, the period that:

 

(1)  Begins on the date the department determines that the applicant likely meets the eligibility criteria; and

 

(2)  Ends on the date a final determination of eligibility is made or the applicant is determined to be ineligible.

 

(d)  “Qualified provider” means an individual or enrolled provider identified at He-W 619.03 and trained to refer an individual for presumptive eligibility based on a standardized assessment process as specified in He-W 619.04.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED: 6-26-99

 

New.  #9155, eff 5-10-08, EXPIRED: 5-10-16

 

New.  #11104, INTERIM, eff 5-25-16, EXPIRES: 11-21-16

 

He-W 619.02  Presumptive Eligibility For HCBC-ECI.

 

(a)  Presumptive eligibility for medicaid services shall be available to the applicant:

 

(1)  Who applies for HCBC-ECI;

 

(2)  Who requests a presumptive eligibility determination, either directly or through a qualified provider;

 

(3)  Who submits a completed medicaid application and all related, necessary verifications as contemplated at He-W 606, within 10 days;

 

(4)  Who undergoes a face-to-face clinical assessment by a registered nurse designated by the department’s bureau of elderly and adult services (BEAS);

 

(5)  Who the department or qualified provider determines in accordance with He-W 619.02(b) is likely to be at risk of institutionalization without HCBC-ECI services;

 

(6)  Who the department determines is likely to be medicaid-eligible in accordance with He-W 619.02(c);

 

(7)  Who has not previously applied for or received PE coverage in the previous 12 months; and

 

(8)  Who acknowledges in writing his or her understanding and agreement that if the application is denied for any reason, the applicant shall be responsible for:

 

a.  The cost of services rendered after a determination of ineligibility; and

 

b.  The cost of services rendered during the presumptive eligibility period, if the department finds the application was filed with fraudulent intent.

 

(b)  Individuals shall be determined by the department or qualified provider to be at risk of institutionalization if:

 

(1)  Adult protective services has made a finding of abuse, neglect or exploitation and recommends home and community based care services because of a risk of institutionalization;

 

(2)  The individual is in a hospital, nursing facility or other medical facility, ready to be discharged, and the discharge planning team determines that the individual cannot be discharged home without supports in addition to those already available to him or her.

 

(3) The individual has lost the assistance of a family or other caregiver, permanently or temporarily, whom the individual has depended on to meet his or her needs and no other alternatives are available; or

 

(4)  The individual does not have access to sufficient paid and/or unpaid supports that would enable the individual to safely maintain him or herself in the current home or community-based setting pending the routine eligibility determination process.

 

(c)  An individual who requests a presumptive eligibility determination shall be considered likely eligible for medicaid if the individual requires a nursing facility level of care and meets one of the following:

 

(1)  The individual is a medicaid recipient;

 

(2)  The individual was previously eligible for HCBC-ECI services but:

 

a.  The department closed the case due to an institutional stay of more than 30 days;

 

b.  There is no change in financial circumstances; and

 

c.  The individual is ready to return to the community;

 

(3)  The individual was previously eligible for HCB-ECI services but:

 

a. The department closed the case due to a lump sum payment or other change in circumstances; and

 

b.  Such cause is no longer an impediment to eligibility;

 

(4)  The individual is a medicaid applicant who is age 65 or older, whose completed application indicates general and financial eligibility, and who does not benefit from a trust or annuity and has not transferred assets within the applicable lookback period as contemplated in He-W 620; or

 

(5)  The individual is a medicaid applicant aged 18 through 64 who is determined by the department to meet the standards for an expedited disability determination, presents a completed application that indicates general and financial eligibility, and who does not benefit from a trust or annuity and has not transferred assets within the applicable lookback period as contemplated in He-W 620. 

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED: 6-26-99

 

New.  #9155, eff 5-10-08, EXPIRED: 5-10-16

 

New.  #11104, INTERIM, eff 5-25-16, EXPIRES: 11-21-16

 

He-W 619.03  Qualified Providers.  Qualified providers shall include the following:

 

(a)  ServiceLink, the department’s information and referral resource centers;

 

(b)  Hospital, rehabilitation, and nursing facility discharge planners; and

 

(c)  Community health centers.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED: 6-26-99

 

New.  #9155, eff 5-10-08, EXPIRED: 5-10-16

 

New.  #11104, INTERIM, eff 5-25-16, EXPIRES: 11-21-16

 

He-W 619.04  Presumptive Eligibility Determination Process.

 

(a)  A written referral for presumptive eligibility shall be initiated by the individual or qualified provider and transmitted to the department with a completed medicaid application and medical eligibility determination (MED) application, unless these forms had been filed within the prior 60 days.

 

(b)  An individual referred for presumptive eligibility shall undergo a face-to-face clinical assessment and the department shall review the medicaid application to verify presumptive eligibility.

 

(c)  The clinical assessment shall take place before or after the review of the completed application by the department, but no later than 20 business days after the referral for presumptive eligibility is received from the qualified provider or individual. The clinical assessment shall include the development of an initial support plan, if the individual is found to be clinically eligible.

 

(d)  The department shall review the medicaid application for categorical and financial eligibility, prior to or after the clinical assessment, but no later than 5 business days after the clinical assessment is completed.

 

(e)  An applicant shall not be eligible for a presumptive eligibility authorization if his or her financial eligibility is contingent upon a legal review of a trust instrument or annuity or investigation of any known complex issues such as asset transfers that could preclude eligibility.

 

(f)  Medicaid service coverage shall begin immediately upon:

 

(1) A finding of presumptive eligibility;

 

(2)  Completion of a support plan; and

 

(3) The applicant’s written acknowledgement of the responsibility described in He-W 619.02(a)(8).

 

(g)  Presumptive eligibility shall continue until a final determination of eligibility or ineligibility.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED: 6-26-99

 

New.  #9155, eff 5-10-08, EXPIRED: 5-10-16

 

New.  #11104, INTERIM, eff 5-25-16, EXPIRES: 11-21-16

 

He-W 619.05  Termination of Presumptive Eligibility Period.

 

(a)  If the department verifies that the individual is eligible for medicaid, the individual shall be notified in writing and coverage of care shall continue without interruption.

 

(b)  If the department determines that the individual is ineligible for medicaid, or HCBC-ECI, the individual shall receive written notification of the determination.  Coverage of care for which the individual is not eligible shall cease immediately upon notification of ineligibility.  Coverage of care for which the individual is eligible shall continue without interruption.

 

(c)  If the individual’s application for PE or for medicaid is denied and the department finds that the individual filed the application with fraudulent intent, coverage for the individual’s care shall cease and the case shall be referred to the department’s office of special investigations for recoupment action.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED: 6-26-99

 

New.  #9155, eff 5-10-08, EXPIRED: 5-10-16

 

New.  #11104, INTERIM, eff 5-25-16, EXPIRES: 11-21-16

 

PART He-W 620  ASSET TRANSFERS

 

He-W 620.01  Asset Transfers.

 

(a)  Pursuant to RSA 167:4, I(b), a transfer of assets shall be considered to have been made when:

 

(1)  Action is taken that reduces or eliminates an individual's ownership or control of such assets;

 

(2)  Another person has been given access to the asset through joint ownership and any action is taken, either by the individual or by any other person, that reduces or eliminates such individual's ownership;

 

(3)  An instrument to transfer title at some future date has been completed by the individual who is applying for or receiving assistance and delivered to the individual who is to receive title;

 

(4)  An individual who is applying for or receiving financial assistance has transferred or transfers title or ownership of an otherwise excluded home to another individual or entity, including a home, which has become income producing;

 

(5)  An individual places assets into an irrevocable trust or similar legal device, including an annuity;

 

(6)  An individual applying for or receiving financial assistance obtains a reverse mortgage, a home equity conversion mortgage, or similar loan on an otherwise excluded home or other real property and transfers the proceeds to another individual;

 

(7)  An individual applying for or receiving financial assistance converts a countable asset; or

 

(8)  An individual is entitled to an asset but does not receive the asset because of action:

 

a.  By the individual or the individual's spouse;

 

b.  By a person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or such individual's spouse; or

 

c.  By any person, including any court or administrative body, acting at the direction or upon the request of the individual or such individual's spouse.

 

(b)  Actions which would cause income or resources not to be received shall include but not be limited to:

 

(1)  Irrevocably waiving pension income or any other form of income;

 

(2)  Waiving an inheritance;

 

(3)  Not accepting or accessing injury settlements, judgments, or court awards;

 

(4)  Tort settlements which are diverted by the defendant into a trust or similar device to be held for the benefit of the plaintiff; or

 

(5)  Refusal to take legal action to obtain a court ordered payment that is not being paid, such as child support or alimony, unless the individual is being, has been, or is at risk of being battered or subjected to extreme cruelty as described in 42 USC 608(a)(7)(c) and is corroborated by the documentation described in He-W 602.10(a)(1)b.1.

 

(c)  For individuals applying for or receiving financial assistance, the department of health and human services (DHHS) shall evaluate asset transfers to determine if the individual derived fair market value, as defined in He-W 601.04(b), from the transfer.

 

(d)  DHHS shall evaluate the transfer to determine if the individual derived fair market value, as defined in He-W 601.04(b), whenever an individual applying for or receiving financial assistance has transferred, assigned, or disposed of title or ownership of an otherwise excluded home to another individual or entity.

 

(e)  Asset transfers in which the individual receives fair market value shall require no further evaluation for asset transfer.

 

(f)  For an asset to be considered transferred for fair market value or to be considered to be transferred for valuable consideration, the compensation received for the asset shall be in a tangible or otherwise assessable form with intrinsic value.  A transfer of assets for love and consideration, or similar reasons, shall not be considered to be a transfer for fair market value.

 

(g)  Although relatives may legitimately be paid for providing care, a transfer of assets to a relative for care provided in the past shall not be a transfer for fair market value.  It shall be assumed that services provided for free in the past were intended to be provided without compensation unless it can be rebutted with tangible evidence that a compensation arrangement had been agreed to in writing at the time services were provided.

 

(h)  When determining whether an individual has received fair market value for a transfer when a life estate has been established, the division shall:

 

(1)  Determine what the fair market value of the asset was at the time of transfer;

 

(2)  Take into account the individual’s age at the time of the transfer; and

 

(3)  Calculate the value of the life estate using the life estate tables found in the Supplemental Security Income (SSI) Program Operations Manual System (POMS), section SI 01140.120 as follows:

 

a.  The life estate value shall be established by multiplying the market value of the asset by the life estate factor that corresponds to the individual’s age at the time of the transfer;

 

b.  The value of the life estate shall be subtracted from the value of the asset transferred; and

 

c.  The difference between the value of the life estate and the amount the individual was reimbursed for the remainder interest shall be the portion of the asset transferred for less than fair market value.

 

(i)  When determining whether an individual or spouse has received fair market value for a transfer of assets into an annuity, DHHS shall:

 

(1)  Determine the fair market value of the asset at the time of transfer into the annuity;

 

(2)  Determine if the expected return on the annuity is commensurate with a reasonable estimate of the life expectancy of the beneficiary in order to determine whether the annuity is actuarially sound;

 

(3)  Use the life expectancy tables published by the office of the chief actuary of the social security administration;

 

(4)  Determine that the individual has received fair market value for the annuity if the average number of years of expected life remaining for the individual coincides or exceeds the life of the annuity; and

 

(5)  Determine that the individual did not receive fair market value for the annuity if the average number of years of expected life remaining for the individual is less than the life of the annuity.

 

(j)  The background information of the asset transfer shall be evaluated further to determine if assets might have been transferred for purposes of qualifying for financial assistance, if DHHS determines that the individual did not receive fair market value from the transfer.

 

(k)  Factors to be evaluated in assessing asset transfers shall include:

 

(1)  Timeframes between the transfer of assets and the date of application;

 

(2)  The individual's health at the time of the transfer; and

 

(3)  The individual's economic situation at the time of the transfer.

 

(l)  The transfer shall be considered questionable if the evaluation of background information of the transfer suggests that the individual transferred assets for purposes of qualifying for financial assistance or results in qualifying earlier than otherwise would have been possible if the individual had retained all of the asset(s).

 

(m)  The individual shall provide additional information and documentation to demonstrate that assets were not transferred for purposes of qualifying for assistance, if the transfer is considered questionable.

 

(n)  Reasons for transferring assets for purposes other than qualifying for assistance shall include:

 

(1)  The individual transferred the asset to prevent foreclosure or sale of the asset by the lien holder, thus preventing total loss of the asset;

 

(2)  The individual transferred the asset for self-support because the individual's income and resources were insufficient to meet basic needs  or to maintain upkeep of the asset, such as taxes and repairs, and the individual's basic needs were provided for in return for the transfer, or the individual lived off the proceeds of the asset;

 

(3)  The individual transferred the asset to meet the terms of a written agreement, including debts arising from such agreement;

 

(4)  The individual transferred the asset to meet the terms of an oral agreement, including debts arising from such agreement; or

 

(5)  The individual is not able to afford to take the necessary action to obtain the asset or the cost of obtaining the asset is greater than the asset is worth, resulting in a case of failure to cause assets to be received.

 

(6)  The individual is being, has been or is at risk of being, battered or subjected to extreme cruelty as described in 42 USC 608(a)(7)(c) and as corroborated by the documentation described in He-W 602.10(a)(1)b.1.

 

(o)  The burden of proof for substantiating the fact that assets were not transferred for purposes of qualifying for assistance shall rest with the individual.

 

(p)  If the individual refuses or fails to prove that assets were not transferred for purposes of qualifying for financial assistance, DHHS shall determine that assets were transferred for the purposes of qualifying for assistance and shall deny financial assistance:

 

(1)  For 60 months from the date of the transfer to an irrevocable trust when the principal is not available to the individual; and

 

(2)  For 36 months from the date of all other transfers.

 

(q)  A penalty shall not be assessed for transfers of assets for less than fair market value under any of the following circumstances:

 

(1)  The individual intended and attempted to dispose of the asset either at fair market value, or for other valuable consideration, and circumstances caused the individual to transfer the asset for less than fair market value;

 

(2)  The individual transferred the assets for a purpose other than to qualify for financial assistance; or

 

(3)  All of the assets transferred for less than fair market value have been returned to the individual.

 

(r)  Individuals claiming that circumstances caused the asset to be transferred for less than fair market value pursuant to (q)(1) above, shall provide documentation of:

 

(1)  The individual’s attempt to dispose of the asset at fair market value, or for other valuable consideration; and

 

(2)  The value at which the asset was disposed.

 

(s)  Individuals claiming that assets were transferred for a purpose other than to qualify for financial assistance pursuant to (q)(2) above, shall provide documentation of:

 

(1)  The specific purpose for which the asset was transferred; and

 

(2)  The reason it was necessary to transfer the asset for less than fair market value.

 

          (t)  If a penalty was assessed for transferring an asset for less than fair market value and the asset was returned to the individual, then DHHS shall generate a retroactive adjustment back to the beginning of the penalty period if the individual met all other eligibility criteria.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #7978, eff 10-22-03; amd by #8865, eff 4-13-07; ss by # 9136, eff 4-22-08; amd by #10078, eff 1-25-12; amd by #11058, INTERIM, eff 3-24-16, EXPIRES: 9-20-16; ss by #11187, eff 9-20-16

 

PART He-W 621  RESERVED

 

He-W 621.01 – 621.03

 

Source.  (See Revision Note at Part heading for He-W 821)

 

PART He-W 622  LIABILITY OF RELATIVES TO SUPPORT

 

          He-W 622.01  Liability of Relatives to Support.

 

          (a)  When a married couple lives together in an independent living arrangement, income belonging to either spouse shall be considered available in accordance with He-W 652.03 in determining eligibility for all categories of financial and medical assistance.

 

          (b)  When a married couple lives together in an independent living arrangement and one or both of the spouses is determined eligible for HCBC-CFI medical assistance, the income and resources of each spouse shall not be considered available to the other spouse in determining eligibility for medical assistance.

 

          (c)  For financial assistance to needy families, parents, in accordance with RSA 167:3 and RSA 167:3-a, shall be liable for their children who are considered to be minor children or minor parents as defined under RSA 167:78, XV and 45 CFR 233.107(e)(1).

 

          (d)  For the adult categories of financial assistance, the ability of a liable relative in accordance with RSA 167:3 to contribute to a client's support shall be determined as follows:

 

(1)  The amount of the expected contribution shall be based on the gross annual income of the liable relative;

 

(2)  The income considered shall be all money or monies that are defined as income in the client's category of assistance;

 

(3)  Money or monies defined as resources in the client's category of assistance shall not be considered in determining the ability of the relative to contribute;

 

(4)  The gross annual income of the liable relative or a legal dependent shall be reduced by the amount of the following unreimbursed and unreimbursable expenses:

 

a.  Medical care costs;

 

b.  Educational expenses;

 

c.  Any court-ordered payments, including, but not limited to, child support, alimony, or guardianship fees;

 

d.  Repayments, including garnishments, or prior indebtedness excluding shelter costs; or

 

e.  Any other life-threatening circumstances as defined in He-W 654.03(h) and verified by the division of family assistance supervisor;

 

(5)  The legally liable relative's income, less expenses noted in (d)(4) above, shall be compared to 200% of the federal poverty income guidelines, as described in 42 USC 9902(2) and annually updated by the department pursuant to (8) below, for the appropriate number of persons dependent on the legally liable relative's income noted in (6) below;

 

(6)  The number of persons dependent on the income shall include the liable relative and any persons legally claimed as dependents for IRS purposes by that relative except for the client;

 

(7)  In the case of self-employed persons, the gross income shall be the income remaining after deducting business expenses allowed by the Internal Revenue Service for federal income tax purposes;

 

(8)  The income limit of 200% of the federal poverty income guidelines shall be effective no later than the first of the month following the first complete month after the federal poverty income guidelines have been published in the federal register; and

 

(9)  If the income is:

 

a.  Less than or equal to 200% of the federal poverty income guidelines for the number of persons dependent on the legally liable relative’s income, no contribution shall be expected from the liable relative; or

 

b.  Greater than 200% of the federal poverty income guidelines for the number of persons dependent on the legally liable relative's income, a contribution equal to 10% of that portion of income over 200% of the federal poverty income guidelines for the number of persons dependent on the legally liable relative's income shall be expected to be made by the liable relative towards the client's support.

 

          (e)  If contributions are actually made by a legally liable relative on a regular, recurring basis to a client, the monthly contribution amount shall be treated as unearned income in determining the client's eligibility and benefit level.

 

          (f)  Refusal of the liable relative to supply adequate information regarding their ability to contribute shall have no impact on the client's eligibility.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5855, eff 7-15-94; ss by #7257, eff 5-1-00; amd by #7665, eff 4-1-02; ss by #9137, eff 4-22-08; ss by #10551, eff 3-25-14

 

PART He-W 623 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 624  INSTITUTIONAL RESIDENCE

 

          He-W 624.01  Institutional Residence.

 

(a)  The following individuals shall not be considered inmates of public institutions or private institutions primarily engaged in treating mental or emotional disorders or tuberculosis:

 

(1)  Individuals who are admitted to the New Hampshire Hospital for purposes of evaluation only, for a period not to exceed 3 months;

 

(2)  Individuals who, while remaining under the general supervision of a public institution as an official inmate of that institution, physically reside outside the institution;

 

(3)  Individuals under age 22 or age 65 or older who are certified for care at a designated receiving facility as defined in He-M 405.02(f);

 

(4)  Patients at the psychiatric unit of the Dartmouth - Hitchcock Medical Center;

 

(5)  Children in placement in foster homes or other approved child caring institutions;

 

(6)  Children who participate in the special education program at the Sununu Youth Services Center;

 

(7)  Adults in residential care facilities and community living residences; and

 

(8)  Inmates committed by a court order to a NH correctional facility, who require inpatient care at a medical institution as defined in 42 CFR 435.1010.

 

(b)  Individuals who are patients at the Glencliff nursing facility unit of the New Hampshire Hospital shall be considered as residing in a nursing facility.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #7005, eff 5-26-99, EXPIRED: 5-26-07

 

New.  #8897, eff 6-7-07; ss by #9083, eff 1-30-08; ss by #11042, eff 2-24-16

 

PART He-W 625  TECHNICAL REQUIREMENTS FOR AFDC, OAA, APTD, AND ANB

 

          He-W 625.01  Application for Social Security Account Numbers.

 

          (a)  Financial or medical assistance clients who do not have an SSN, or are unable to furnish their SSN, shall apply for an original SSN or replacement card.

 

          (b)  The client shall provide verification of an SSN or application for an SSN as specified in He-W 606.36.

 

          (c)  The district office shall find good cause for failure to furnish an SSN or to apply for an SSN card when the client is unable to furnish or apply for an SSN card or submit the required verification, despite good faith efforts to do so.

 

          (d)  Good cause for failure to furnish or apply for an SSN card shall include, but not be limited to, the following:

 

(1)  Delays in obtaining required verification because another agency, such as the town clerk's office, is not able to process the client's request for documents in a timely manner; or

 

(2)  The agency is not able to provide documents because its records have been destroyed.

 

          (e)  The client shall complete the SSN application requirements for a newborn child according to the following time frames:

 

(1)  By the second month following the month in which the child's mother is discharged from the hospital, for newborn children who receive financial assistance; and

 

(2)  By the child's first birthday, as long as the child resides with the mother and the mother remains eligible for medical assistance during this period, even if not receiving it, for newborn children whose mother is a recipient of medical assistance only at the time of the child's birth.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6836, eff 8-26-98; amd by #8452, eff 10-22-05; amd by #8684, eff 7-21-06; ss by #10471, eff 11-26-13

 

PART He-W 626  TECHNICAL REQUIREMENTS FOR THE Family PLANNING ExPANSION CaTEGORY (FPEC) OF MEDICAL ASSISTANCE

 

          He-W 626.01  Purpose.  The purpose of the Family Planning Expansion Category (FPEC) of medical assistance is to offer family planning and family planning-related services and supplies, pursuant to He-W 509, to needy individuals who meet the eligibility requirements set forth in this part.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91, EXPIRED: 6-26-97

 

New.  #10357, eff 7-1-13

 

          He-W 626.02  Family Planning Expansion Category (FPEC).

 

          (a)  All general, categorical, technical, and financial factors related to the determination of categorically needy medical assistance shall apply to applicants and recipients of FPEC, except as specified otherwise in He-W 626.

 

          (b) Individuals shall be eligible for FPEC medical assistance, pursuant to 42 USC 1396a(a)(10)(A)(ii)(XXI), as amended, when the individual:

 

(1)  Applies for medical assistance, as defined in He-W 601.17;

 

(2)  Is not pregnant; and

 

(3)  Has net income that does not exceed the income limit described in He-W 641.06(b).

 

          (c)  FPEC applicants and recipients shall not be subject to the maximum resource limits for medical assistance.

 

          (d)  Redeterminations of eligibility for FPEC shall be scheduled pursuant to He-W 684.02(c).

 

          (e)  When determining eligibility for FPEC:

 

(1)  Only the income of the FPEC applicant or recipient shall be counted, pursuant to 42 USC 1396a(ii)(3); and

 

(2)  The income level against which countable income shall be considered shall be for a group size of 2.

 

          (f)  When applying the criteria described in (e)(1) above, the department shall:

 

(1)  Not deem income from spouse to spouse or parent to child; and

 

(2)  Allow the following verified deductions or disregards to be subtracted from the budgetary unit’s gross income when determining financial eligibility for FPEC:

 

a.  A $90 employment expense deduction, pursuant to He-W 641.02(b)(2); and

 

b.  Other allowable deductions, pursuant to He-W 654.14, He-W 654.19, and He-W 654.20.

 

          (g)  Eligible individuals who choose not to receive FPEC, or the eligible individual’s authorized representative, shall notify the department of this decision by providing the department with the following written information terminating FPEC services:

 

(1)  The casehead’s name;

 

(2)  The name of the person for whom the casehead is requesting the termination of FPEC assistance; and

 

(3)  The casehead’s signature.

 

          (h)  The date the department receives the completed information described in (g) above, shall be the individual’s FPEC eligibility end date.

 

Source.  #10357, eff 7-1-13

 

          He-W 626.03  Presumptive Eligibility Determinations.

 

          (a)  A qualified entity as defined in He-W 520.01(g) shall determine presumptive eligibility for FPEC services pursuant to 42 USC 1396r-1c.

 

          (b)  Within 5 business days of making the FPEC PE determination, the qualified entity shall provide the department with the following information:

 

(1)  The complete name, address, and date of birth of the individual for whom the FPEC PE determination was made; and

 

(2)  The date the PE determination was made.

 

Source.  #10357, eff 7-1-13

 

PART He-W 627  TECHNICAL REQUIREMENTS FOR IDP AND FWOC CATEGORIES OF FINANCIAL AND MEDICAL ASSISTANCE

 

          He-W 627.01  Technical Requirements for the Interim Disabled Parent (IDP) Category of Financial Assistance.

 

          (a)  As a condition of eligibility for IDP financial assistance, applicants shall be determined:

 

(1)  Incapacitated pursuant to He-W 628.02;

 

(2)  To be recipients of aid to the permanently and totally disabled (APTD) or aid to the needy blind (ANB); or

 

(3)  Temporarily exempt from the New Hampshire employment program (NHEP) work program pursuant to He-W 606.32.

 

          (b)  Applicants and recipients shall not be eligible for IDP when all adults in the assistance group are receiving:

 

(1)  Supplemental security income (SSI); or

 

(2)  Social security disability income (SSDI).

 

          (c)  Assistance groups with retained child support shall not be eligible for IDP assistance.

 

          (d)  When funding and resources within the current state fiscal year are available and identified by the department as maintenance of effort funding pursuant to 45 CFR 263.2, applicants shall receive IDP financial assistance when the individual:

 

(1)  Has requested an exemption from the NHEP work program pursuant to He-W 606.30(a), (b), or (d); and

 

(2)  Is awaiting a determination of the exemption pursuant to He-W 606.32.

 

Source.  #9123, eff 4-3-08; ss by #9275, eff 9-20-08; ss by #9682, eff 3-20-10; ss by #12528, eff 5-22-18

 

          He-W 627.02 - RESERVED

 

Source.  #9123, eff 4-3-08

 

          He-W 627.03  Technical Requirements for Families With Older Children (FWOC) Category of Financial and Medical Assistance.

 

          (a)  To be eligible for FWOC, an assistance group shall include at least one dependent child who is:

 

(1)  At least age 19 up to age 20; and

 

(2)  Enrolled full-time in a secondary school or the equivalent level of vocational or technical training.

 

          (b)  Applicants and recipients of FWOC shall include all dependent children described in He-W 601.03(e)(1) when they are counted in the assistance group.

 

          (c)  Assistance groups receiving FWOC, which no longer incoude a dependent child as defined in He-W 601.03(e)(3), shall have eligibility determined for FANF assistance, pursuant to He-W 600.

 

          (d)  Recipients of FANF assistance shall have eligibility automatically determined for FWOC when the oldest child in the assistance group turns 19, pursuant to He-W 600.

 

Source.  #9123, eff 4-3-08; ss by #9275, eff 9-20-08; ss by #10163, eff 7-26-12

 

He-W 627.04  General Requirements for IDP and FWOC Financial Assistance.

 

(a)  Applicants and recipients of IDP, as defined in He-W 601.05(i), and FWOC, as defined in He-W 601.04(e), categories of financial assistance shall not be required to assign their rights to financial child support to the department as a condition of eligibility.

 

(b)  Applicants and recipients of IDP and FWOC financial assistance shall not be subject to child support sanctions described in RSA 167:82, V(a).

 

Source.  #9123, eff 4-3-08; ss by #9275, eff 9-20-08; ss by #11186, eff 9-20-16

 

          He-W 627.05  RESERVED

 

Source.  #9123, eff 4-3-08; ss by #9275, eff 9-20-08; rpld by #11186, eff 9-20-16

 

PART He-W 628  DEPRIVATION OF PARENTAL SUPPORT OR CARE FOR FANF FINANCIAL ASSISTANCE

 

He-W 628.01  Deprivation Due to Continued Absence.

 

(a)  For a child to be considered deprived of parental support or care due to continued absence, one or both parents shall be physically absent from the child for at least 30 continuous days, beginning with and including the day of separation, in conjunction with any one of the circumstances listed below:

 

(1)  The parents are divorced or legally separated;

 

(2)  A parent has filed for a divorce, legal separation or annulment and such application has been pending in the court for at least 30 days;

 

(3)  The court has issued an injunction or restraining order forbidding a parent to visit the spouse or child for at least 30 days, or if for an indefinite period of time, with a reasonable expectation that the order will be in effect for 30 days or more;

 

(4)  The parent is not legally able to return to the home because of confinement in a correctional institution or mental hospital which will continue or is reasonably expected to continue for at least 30 days; or

 

(5)  The parent has deserted the child or there is mutual separation, and the absence of one or both parents has been continuous for at least 30 days.

 

(b)  The 30-day continuous absence period shall be applied as follows:

 

(1)  If the 30 days have not elapsed at the time of the initial eligibility determination interview, but the absence is expected to last for 30 days or more, financial assistance shall be initiated prior to the end of the 30-day continuous absence period if all other eligibility factors are met;

 

(2)  The individual shall not be entitled to an assistance payment until 30 days of continuous absence have actually elapsed, and the individual has verified the absence as described in (d) and (e) below;

 

(3)  The 30 day continuous absence period shall not be interrupted if:

 

a.  The absent parent returns home to visit the children; or

 

b.  The parents have attempted reuniting the family within the 30 days or within the temporary adjustment period as defined in He-W 601.08(c), but this attempt has failed; and

 

(4)  Counting for the 30-day continuous absence period shall begin again if:

 

a.  Reunited parents separate following the termination of the temporary adjustment period; or

 

b.  Deprivation is being determined for a different absent parent.

 

(c)  During the temporary adjustment period, financial assistance shall be provided automatically for the month in which the parent returns home and for one full calendar month thereafter unless the individual requests an earlier termination of assistance.

 

(d)  The individual shall verify continued absence:

 

(1)  At the initial eligibility determination;

 

(2)  At each subsequent redetermination; and

 

(3)  Whenever the individual, absent parent, or third party reports to the department that the absent parent has returned to the home.

 

(e)  To verify continued absence pursuant to (d) above, the individual shall complete a document provided by the department which includes all of the following:

 

(1)  His or her name and signature;

 

(2)  Certification of current absence that has existed or is expected to exist for at least 30 continuous days;

 

(3)  Name(s) of absent parent(s); and

 

(4)  Date of signature.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED 6-26-97

 

New.  #7084, eff 8-26-99; ss by #8970, eff 8-25-07; ss by #10861, eff 8-25-15

 

          He-W 628.02  Deprivation Due to Incapacity.

 

          (a)  The child or children shall be considered to be deprived of support or care due to the parent’s physical or mental incapacity when the incapacity is expected to last for at least 30 days, and the individual:

 

(1)  Is eligible for or receiving supplemental security income (SSI) or social security disability income (SSDI) disability benefits;

 

(2) Provides currently dated documentation from a licensed physician, licensed physician assistant (PA), licensed advanced practice registered nurse (APRN),  board-certified psychologist, master licensed alcohol and drug counselor (MLADC), licensed pastoral psychotherapist (LPP), licensed independent clinical social worker (LICSW), licensed clinical mental health counselor (LCMHC), or licensed marriage and family therapist (LMFT) certifying an incapacity of at least 30 continuous days;

 

(3)  Has been determined by the office of medicaid and business policy (OMBP) as permanently disabled or blind;

 

(4)  Reapplies for assistance within 90 days of being terminated from a case in which incapacity had been established, provided termination was not related to incapacity or earnings from employment;

 

(5)  Is convalescing after being treated in an institution for the mentally ill, or was discharged within 90 days prior to applying for assistance; or

 

(6)  Is needy and intellectually disabled, has resided in a state-operated intermediate care facility for individuals with intellectual disabilities (ICF/IID), and was officially discharged within 90 days of applying for assistance.

 

          (b)  The individual shall verify physical or mental incapacity:

 

(1)  At the initial eligibility determination;

 

(2)  At each subsequent redetermination; and

 

(3)  Whenever a change in the incapacity occurs.

 

          (c)  To verify incapacity pursuant to (a)(2) above, the individual shall provide currently dated documentation which includes all of the following:

 

(1)  The individual’s name; and

 

(2) A statement by a licensed physician, licensed PA, licensed APRN, board-certified psychologist, MLADC, LPP, LICSW, LCMHC, or LMFT which indicates:

 

a.  That the current incapacity has existed, or is expected to exist, for at least 30 days;

 

b.  The date when the incapacity began, ended, or is expected to end;

 

c.  The diagnosis, examination date, and current and recommended medical treatment; and

 

d. The name, address, phone number, profession, and dated signature of the licensed physician, licensed PA, licensed APRN, board-certified psychologist, MLADC, LPP, LICSW, LCMHC, or LMFT.

 

          (d)  When incapacity no longer exists, FANF financial assistance shall be provided for the month in which the incapacity ended and for the next full calendar month, unless the individual requests an earlier termination of assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED 6-26-97

 

New.  #7084, eff 8-26-99; ss by #8970, eff 8-25-07; ss by #10318, eff 4-25-13; ss by #12718, eff 1-26-19

 

          He-W 628.03  Unemployed Parent (UP) Medical Assistance Program.

 

          (a)  A child in a 2-parent household shall be considered to be deprived of parental support or care due to unemployment for eligibility for UP medical assistance when the PWE:

 

(1)  Currently works less than 100 hours per month on average, using a best estimate as described in (e) below;

 

(2)  Expects to continue working less than 100 hours per month on average, using a best estimate;

 

(3) Has a work/education history or an unemployment compensation history that meets the requirements of (m) through (o) below;

 

(4)  Has not refused an offer of employment within 30 days prior to receipt of assistance if such offer is at a wage that is customary for the specific position in the community according to the department of employment security;

 

(5)  Has not refused a specific training opportunity at a specific location within 30 days prior to the receipt of assistance;

 

(6) Is currently eligible for unemployment compensation benefits in NH or unemployment compensation benefits from another state even if not actually receiving such benefits; and

 

(7)  Is willing to apply for and receive unemployment compensation benefits.

 

          (b)  When determining which parent is the PWE, the following shall apply:

 

(1) The PWE shall be the parent who earned the higher income in the 24 months preceding the month of application;

 

(2) The earnings of both parents shall be counted for the full 24 months in determining the PWE regardless of when their relationship began;

 

(3)  If parents had identical income for the 24 months, the household shall designate the PWE;

 

(4)  When one of the parents has been designated as the PWE, that parent shall remain the PWE for purposes of determining deprivation due to unemployment; and

 

(5) If the family files a new application after a break in eligibility, the PWE status shall be redetermined pursuant to (b)(1) through (4).

 

          (c)  UP medical assistance shall end when the employment criterion in (a)(1) above is no longer met.

 

          (d)  The average of 100 hours in (a)(1) and (2), and (c), above, shall be determined by deriving a best estimate of hours.

 

          (e)  A best estimate of hours shall be determined as follows:

 

(1)  If the hours worked in the current month are less than 100 hours and are representative of anticipated future hours based on documentation provided by the individual, then the best estimate shall be the number of hours worked in the current month;

 

(2)  If the hours worked in the current month are less than 100 hours and are not representative of anticipated future hours based on documentation provided by the individual, then the best estimate shall equal the number of hours per month anticipated to be worked in the future; and

 

(3)  If the hours worked in the current month are greater than 100 hours, then the hours worked in the previous 2 month period shall be considered in determining the best estimate as follows:

 

a.  The hours worked in both of the previous 2 months shall be less than 100 hours;

 

b.  Documentation provided by the individual regarding future anticipated hours shall be less than 100 hours;

 

c.  The best estimate shall be equal to the number of hours anticipated to be worked in the future; and

 

d.  If the number of hours worked in the current and previous 2 month period are greater than 100 hours per month, or if the anticipated future number of hours will be greater than 100 hours per month based on documentation supplied by the individual, then deprivation due to unemployment shall not exist and the application for UP medical assistance shall be denied.

 

          (f)  For purposes of this rule, a non-significant change means a temporary or short term variation in the number of hours worked caused by a situation which is not ongoing.

 

          (g)  Non-significant changes shall not be used to determine the best estimate.

 

          (h)  For purposes of this rule, a significant change means a variation in the number of hours worked that is expected to continue for more than one month.

 

          (i)  For continued eligibility for UP medical assistance, if the derived estimate in (e) above results in a current or anticipated average of 100 hours or more of employment per month, deprivation due to unemployment for purposes of the UP medical assistance program shall no longer exist when the advance notice period pursuant to He-W 604.03 expires.

 

          (j)  Fluctuating hours shall be converted to a monthly amount by averaging monthly hours for the previous 2 months.

 

          (k)  The 2-month average shall not be used when one of the following circumstances applies:

 

(1)  If fluctuating hours have been worked for less than 2 months, the average shall be based on the actual number worked in the most recent month; and

 

(2)  If the income in the previous 2 months is higher or lower than current or anticipated earnings and does not reflect a best estimate of current and future hours as determined in (e) above, a new best estimate shall be determined for the remainder of the current period of eligibility that is based on anticipated hours to be worked in the future.

 

          (l)  When a currently eligible individual is verified to have worked more than 100 hours in any one month, a best estimate shall be made to determine if the individual expects to continue working more than 100 hours per month for more than one month.

 

          (m)  If the individual described in (l) above will work 100 hours or more for longer than one month and provides the department with documentation of hours of employment, deprivation as described in (a) and (c) above shall no longer exist when the advance notice period pursuant to He-W 604.03 expires.

 

          (n)  To determine if the work history requirement pursuant to He-W 628.03(a)(3) has been met, the following shall apply:

 

(1)  The PWE shall have worked at least 6 calendar quarters in a period of 13 consecutive calendar quarters ending within one year prior to the application for assistance and earned at least $50 for each quarter;

 

(2)  Calendar quarters shall be periods of 3 consecutive months dated as follows:

 

a.  January 1 through March 31;

 

b.  April 1 through June 30;

 

c.  July 1 through September 30; and

 

d.  October 1 through December 31;

 

(3)  A self-employed PWE shall be credited with calendar quarters worked in a calendar year by:

 

a.  Determining the PWE’s countable earned income for a calendar year;

 

b.  Dividing by $50; and

 

c.  Taking the result, in whole numbers, to equal the number of calendar quarters that can be credited in a calendar year up to a maximum of 4; and

 

(4)  If the self-employed PWE can be credited with less than 4 quarters, the quarters shall be credited within the year in a way that is most beneficial to the PWE when determining if the requirement in (1) above has been met.

 

          (o)  For eligibility for UP medical assistance based upon educational history, educational activities may be substituted for no more than 4 quarters of work when the activities consist of one of the following:

 

(1)  Full time elementary or secondary school attendance;

 

(2)  Full time participation in a vocational or technical training program that is preparatory to employment; or

 

(3)  Participation in a post secondary education or vocational skills training activity as defined in He-W 637.01.

 

          (p)  A history of unemployment compensation may be substituted for a history of work or education if the PWE met one of the following conditions at any time during the calendar year immediately prior to applying for UP medical assistance:

 

(1)  He or she received unemployment compensation benefits; or

 

(2)  He or she was eligible for unemployment compensation benefits, even if the benefit check was not being received due to:

 

a.  Recoupment due to an overpayment; or

 

b.  A diversion of the benefit to the IRS, child support services, or another party.

 

          (q)  A PWE shall be considered eligible for unemployment compensation benefits, although not receiving them due to disqualification by the New Hampshire department of employment security, if the PWE is:

 

(1)  Seeking or receiving unemployment compensation benefits in another state;

 

(2)  Leaving self-employment, such as closing one's business or failing to return to self-employment; or

 

(3)  Unavailable for employment outside the home for any reason for a period of 30 days or less.

 

          (r)  The PWE shall not be considered to be eligible for unemployment compensation benefits if the PWE:

 

(1)  Was discharged for misconduct associated with work, including:

 

a.  Neglect of duty due to recurring careless or negligent acts; or

 

b.  Willful misconduct due a deliberate violation of a company rule designed to protect the legitimate interests of the employer;

 

(2)  Failed to accept or apply for suitable employment without good cause determined in accordance with He-W 637.07;

 

(3)  Was unavailable for work outside the home for more than 30 days;

 

(4)  Was separated from his or her last employer due to a disciplinary layoff;

 

(5)  Was separated from his or her last employer due to participation in a labor dispute as determined by the commissioner of the department of employment security, pursuant to RSA 282-A:36;

 

(6)  Was discharged due to intoxication or use of controlled drugs on the job;

 

(7)  Was discharged due to arson, sabotage, or dishonesty connected with the job; or

 

(8)  Voluntarily quit a job through no fault of the employer.

 

          (s)  A PWE shall no longer be considered to have voluntarily quit a job when new employment is obtained, at comparable wages or hours, then lost through no fault of the PWE.

 

          (t)  A PWE shall be willing to apply for and accept unemployment compensation benefits in New Hampshire or another state, if potentially eligible for these benefits.

 

          (u)  The department shall advise the PWE of his or her right to appeal a department of employment security disqualification determination.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6825, eff 8-3-98; ss by #7084, eff 8-26-99; ss by #8970, eff 8-25-07; ss by #10163, eff 7-26-12

 

PART He-W 629 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 630  LIVING WITH A SPECIFIED RELATIVE

 

          He-W 630.01  Living with a Specified Relative.

 

          (a)  For purposes of determining the assistance group for FANF financial and medical assistance, "dwelling" means:

 

(1)  An individual's principal residence or place of abode;

 

(2)  The family setting maintained or in the process of being established as a home, as evidenced by assumption, continuation, and exercise of responsibility for day-to-day care and control of the child by the relative with whom the child is living; and

 

(3)  A living unit as defined in (1) and (2) above with no more than one postal address.

 

          (b)  If the dwelling has a separate living unit attached to it with a separate postal address, this living unit shall not be considered part of the same dwelling.

 

          (c)  The department shall consider a child to be living with a specified relative as defined in RSA 167:78,XXIII when the child lives in the same dwelling as defined in (a) above as the specified relative unless the conditions in (e) apply.

 

          (d)  The department shall consider the specified relative in (c) above to be the casehead for the assistance group.

 

          (e)  If a child lives in the same dwelling as both the child's parent and a non-parent specified relative, the department shall consider the child to be living with the parent.

 

          (f)  The department shall consider the parent in (e) above to be the casehead in the assistance group unless the conditions in (g) below apply.

 

          (g)  If the non-parent specified relative in (e) above is the legal guardian of the child pursuant to RSA 169-C:3,XIV, the department shall:

 

(1)  Consider the non-parent specified relative to be the casehead in the assistance group; and

 

(2)  Consider the parent to be a member of the assistance group pursuant to RSA 167:79,II and He-W 601.01(u).

 

          (h)  A child who is not living with a specified relative for a period of 45 consecutive days shall be ineligible for FANF financial assistance if good cause does not exist.

 

          (i)  For purposes of paragraph (h), good cause shall exist, pursuant to 42 USC 608(a)(10), when:

 

(1)  The specified relative retains care and control of the child;

 

(2)  The child's return to the home is expected; and

 

(3)  For a child who is absent from the home to attend school, the child returns home during vacation periods and semester breaks or returns home at the end of the school year and has not established another dwelling.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6446, eff 2-1-97; amd by #6614, eff 10-24-97; ss by #8050, eff 3-1-04; ss by #10077, eff  3-1-12

 

PART He-W 631  UNWED MINOR PARENTS

 

          He-W 631.01  Unwed Minor Parent Requirements.

 

          (a)  An unwed minor parent shall meet the living arrangement or exemption criteria described in 45 CFR 233.107, or the good cause criteria specified in (b) below as a condition of eligibility for FANF financial assistance.

 

          (b)  The department shall determine good cause for failure to meet the living arrangement or exemption criteria described in 45 CFR 233.107 for any of the following reasons:

 

(1)  The parents or legal guardian of the unwed minor parent are unable to accommodate the unwed minor parent and child or children due to insufficient space or lease or rental restrictions or prohibitions;

 

(2)  The unwed minor parent and child or children are living in a court-approved living arrangement; or

 

(3)  The unwed minor parent has:

 

a.  Attempted but was unable to obtain verification for an exemption on his or her own; and

 

b.  Requested district office assistance to obtain verification, and the district office was also unable to obtain such verification.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6032, eff 4-29-95; ss by #7834, eff 2-24-03; ss by #9845, eff 2-24-11; ss by #12773, eff 5-7-19

 

PART He-W 632  AGE

 

          He-W 632.01  FANF Age Requirements.

 

          (a)  For initial determinations of eligibility for FANF financial and medical assistance, the dependent child shall be younger than the maximum allowable age, as defined in He-W 601.03(e), on the first day of eligibility and on the day the first assistance payment is issued.

 

          (b)  Terminations of FANF financial assistance due to a dependent child attaining the maximum age limit, shall be effective as of the first day of the month following the child's birth month.

 

          (c)  Terminations of FANF medical assistance only due to a dependent child attaining the maximum age limit, shall be effective the day following the child’s birthday.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6195, eff 2-24-96; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6825, eff 8-3-98; amd by #8452, eff 10-22-05; amd by #8684, eff 7-21-06; ss by #10471, eff 11-26-13

 

PART He-W 633 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 634  STRIKERS

 

          He-W 634.01  Strikers and Eligibility for FANF Financial Assistance.

 

          (a)  If an individual is participating in a strike, as defined in He-W 601.07(s), the individual shall be denied FANF financial assistance, regardless of whether the individual:

 

(1)  Voted for or against the strike; or

 

(2)  Is exempt from NHEP work participation requirements.

 

          (b)  The following individuals shall not be considered strikers:

 

(1)  Individuals whose work place is closed due to a lockout by an employer to resist demands of employees;

 

(2)  Individuals unable to work as a result of other employees on strike; or

 

(3)  Individuals not wanting to cross a picket line due to fear of personal injury or death.

 

          (c)  Individuals who quit their jobs or are fired while on strike shall be treated like any other applicant or recipient for FANF financial assistance who has quit or been fired from employment.

 

          (d)  Participation in a strike shall not affect eligibility for FANF medical assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

PART He-W 635 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 636 TECHNICAL REQUIREMENTS FOR NHEP/FAP FINANCIAL AND MEDICAL ASSISTANCE

 

          He-W 636.01  Personal Interview.

 

          (a)  A personal interview at each regularly scheduled redetermination of eligibility shall not be required when members of the FANF financial or medical assistance group do not receive food stamps and:

 

(1)  A caretaker relative is a member of the assistance group; or

 

(2)  The parent is not included as a member of the assistance group.

 

          (b)  Except for individuals who meet the requirements of He-W 641.06, He-W 641.07, or He-W 910.02(f), a personal interview between the FANF client or his/her authorized representative, as defined in He-W 601.01(w), and a department of health and human services staff member or contracted employee shall be required:

 

(1)  At initial determinations of eligibility;

 

(2)  At least once in a 12-month period for a regularly scheduled redetermination; and

 

(3)  As a result of reported changes or discovery of conflicting information regarding eligibility.

 

          (c)  If the client or his/her authorized representative fails to appear for the personal interview due to circumstances beyond their control, assistance shall not be denied or terminated.

 

          (d)  If the client or his/her authorized representative fails to appear for the personal interview, except as described in (b) and (c) above, assistance shall be terminated.

 

          (e)  The individual or the individual’s authorized representative shall review the summary of the information provided during the interview with the department’s representative who conducted the interview, and:

 

(1)  Make any corrections to the information; and

 

(2)  Sign the summary attesting to the truthfulness and accuracy of the information provided.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6745, (HB 32), eff 5-1-98, EXPIRED: 12-31-98; amd by #6826, eff 8-3-98; amd by #6896, eff 12-1-98; amd by #6925, eff 1-1-99; amd by #7666, eff 4-1-02; amd by #7766, eff
10-1-02; amd by #8325, eff 5-1-05; amd by #8452, eff
10-22-05; amd by #8783, INTERIM, eff 12-30-06, EXPIRES: 6-28-07; amd by #8903, eff 6-28-07; ss by #10163, eff 7-26-12

 

          He-W 636.02  Verification of Identity.

 

          (a)  All FANF applicants, including parents, caretaker relatives, and children, shall verify their identity, pursuant to He-W 606.28(b)-(f), as a condition of eligibility.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 636.03  School Attendance.

 

          (a)  To be classified as a student, the individual shall:

 

(1)  Be listed as a current student by the school, institute, or training program;

 

(2)  Be physically present at the class or program; and

 

(3)  Be considered to be in regular attendance when verification is provided that proves:

 

a.  Full-time attendance as defined by the school, the institute or training program, or the curriculum of study or training leading to a certificate, diploma or degree;

 

b.  At least half-time attendance as defined by the school, the institute or training program, or the curriculum of study or training leading to a certificate, diploma or degree, while also regularly employed in, or available for and actively seeking, part-time employment; or

 

c.  At least half-time attendance as defined by the school, the institute or training program, or the curriculum of study or training leading to a certificate, diploma or degree, and precluded from full-time attendance or part-time employment because of a verified physical handicap.

 

          (b)  The conditions for classification as a student as described in (a) above shall not be met when the individual:

 

(1)  Enrolls in, but does not regularly attend, classes; or

 

(2)  Takes correspondence courses.

 

          (c)  Individuals shall be considered to be students in months in which they are not physically attending school when the absence from school is due to:

 

(1)  Official school or training program semester breaks or vacation; or

 

(2)  Illness, convalescence, or family emergency, as long as the individual plans on returning to the school or training program when the reason for the absence has ended.

 

          (d)  An individual who has already received a certificate, degree, or diploma, but is repeating the course or program to obtain better grades or skills in an effort to improve employment opportunities, shall be classified as a student if all other criteria are met.

 

          (e)  An individual shall be considered a student through the end of the month in which he or she completes or discontinues his or her school or training program.

 

          (f)  Once student status is verified, the individual shall be considered a student until the next redetermination, unless the district office is notified otherwise by the individual or the school.

 

          (g)  If student status is not verified, the individual shall not be considered a student.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6195, eff 2-24-96; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 636.04 - He-W 636.07 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5447, eff 10-1-92; ss by #5528, eff 12-14-92; amd by #5856, eff 7-1-94; amd by #5901, eff 10-1-94; amd by #6238, eff 5-1-96; amd by #6241, eff 5-4-96; amd by #6242, eff 5-4-96; rpld by #6446, eff
2-1-97

 

          He-W 636.08  Disclosure of Paternity Information.

 

          (a)  All FANF applicants and recipients shall identify the father of a child for whom assistance is being sought as specified in RSA 167:79,III(c), unless good cause pursuant to RSA 167:82,III(b) exists.

 

          (b)  Individuals who do not identify the father at the personal interview shall:

 

(1)  Be referred to the division of child support services (DCSS);

 

(2)  Be contacted and interviewed by DCSS child support worker for the purpose of understanding the importance of child support and establishing paternity; and

 

(3)  Participate in an interview as specified in (b)(2) above with the child support worker within 10 days from the contact.

 

          (c)  Individuals who do not participate in the interview with child support within 10 days from the date of the DCSS contact shall be denied financial assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5447, eff 10-1-92; ss by #5528, eff 12-14-92; amd by #5856, eff 7-1-94; amd by #5901, eff 10-1-94; amd by #6238, eff 5-1-96; amd by #6241, eff 5-4-96; amd by #6242, eff 5-4-96; rpld by #6446, eff
2-1-97

 

New.  #8869, eff 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 636.09  Good Cause for Failure to Cooperate.

 

          (a)  Good cause reasons for failure to cooperate with child support requirements shall be one of the following:

 

(1)  That the effort to establish paternity or secure child support is against the best interests of the child and could result in:

 

a.  Physical or emotional harm to the child; or

 

b.  Physical or emotional harm to the parent or caretaker relative sufficient to reduce the capacity of that person to care for the child adequately;

 

(2)  The child was conceived as a result of incest or rape;

 

(3)  Proceedings for adoption of the child are pending in a court; or

 

(4)  A public or private social service agency is helping the parent or caretaker relative decide whether to relinquish the child for adoption.

 

          (b)  No child support action shall be taken while a good cause claim is being verified by the department.

 

          (c)  As long as good cause is found to exist, no child support action shall be taken by the department.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #8452, eff 10-22-05; paragraphs (a) and (b) in #6614 EXPIRED: 10-24-05; ss by #10471, eff 11-26-13

 

He-W 636.10  Sanction for Failure to Cooperate.

 

(a)  A sanction of 25% of the payment standard of family assistance program (FAP) financial assistance shall be implemented, in accordance with 42 U.S.C. 608(a)(2), for any individual receiving FAP financial assistance who fails to cooperate with child support requirements without good cause as described in RSA 167:82, III(b).

 

(b)  Individuals receiving New Hampshire employment program (NHEP) financial assistance who fail to cooperate with child support requirements without good cause as described in RSA 167:82, III(b) shall be sanctioned as authorized by RSA 167:79, VI(a).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; ss by #8271, eff 2-1-05; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10803, eff 3-26-15

 

PART He-W 637  THE NEW HAMPSHIRE EMPLOYMENT PROGRAM (NHEP)

 

          He-W 637.01  Definitions.

 

          (a)  “Assessment” means an evaluation of a New Hampshire employment program (NHEP) participant, conducted by a NHEP representative, in order to develop or update an employability plan and identify the need for support services.

 

          (b)  “Case management” means a process of planning, locating, coordinating and monitoring services jointly with a NHEP participant in order to achieve the goals of the employability plan.

 

          (c)  “Employability plan” means an individualized plan designed to direct the NHEP participant toward long-term economic independence and self-sufficiency.

 

          (d)  “Employed full time” means, for the purposes of participation requirements under NHEP, NHEP participants engaged in unsubsidized employment for wages that are sufficient to make the participant ineligible for FANF financial assistance due to excess earned income.

 

          (e)  “Exempt individual” means a FANF recipient who is not required to participate in the employment, training, or other employment-related activity under the New Hampshire employment program.

 

          (f)  “NHEP participant” means an individual who is enrolled in the NHEP work program and is receiving FANF financial assistance.

 

          (g)  “NHEP representative” means any agency staff providing services to NHEP participants.

 

          (h)  “Post secondary education” means a program of study beyond high school or its equivalent leading to an associate's degree or higher.

 

          (i)  “Provider” means a business, agency or organization that is responsible for the supervision of an NHEP participant in an approved work experience.

 

          (j)  “Satisfactory progress” means meeting the minimum standards set by an organization or agency, the educational or training facility, employer or provider, which measure the NHEP participant's:

 

(1)  Proficiency level in an activity; and

 

(2)  Ability to complete the activity in a timely manner.

 

          (k) “Serious and substantial personal barrier” means the NHEP participant is experiencing a debilitating situation such as homelessness, substance abuse addiction, domestic violence, physical or mental disability, emotional or mental instability, or any other situation which needs to be resolved.

 

          (l)  “Single training course or course of study” means a class or classes that is offered by a recognized institute of education or training.

 

          (m)  “Vocational educational training” means organized educational programs that are directly related to preparation for employment in current or emerging occupations requiring training other than a baccalaureate or advanced degree in a specific occupation.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6818, eff 7-25-98; amd by #6997, eff 5-20-99; amd by #7372, eff 12-1-00; amd by #8161, eff 10-1-04; amd by #8268, eff 2-1-05; amd by #8269, eff 2-1-05; ss by #8740, INTERIM, eff 10-13-06, EXPIRED:
4-11-07

 

New.  #8869, eff 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 637.02  NHEP Orientation.

 

          (a)  Pursuant to RSA 167:79,III(a), applicants for FANF cash assistance shall be scheduled for an NHEP orientation session during the eligibility application interview.

 

          (b)  The following applicants shall not be required to attend the NHEP orientation:

 

(1)  Applicants for FAP financial assistance;

 

(2)  The adult claiming the incapacity in a family applying for FANF financial assistance pursuant to He-W 628.02;

 

(3)  Applicants for FANF financial assistance who are experiencing a serious medical condition that prevents attendance;

 

(4)  Applicants who are residing in a domestic violence shelter or homeless shelter, or otherwise verify that attendance would jeopardize their safety; and

 

(5)  Applicants who verify they are residing in a licensed, medical or mental health treatment facility and for whom a temporary absence would jeopardize their health or treatment needs.

 

          (c)  Individuals described in (a) above shall attend an NHEP orientation session within 10 days from the date of application.

 

          (d)  Individuals described in (a) above shall be rescheduled for another NHEP orientation session within 10 days of the client’s contact with department staff, when:

 

(1)  The individual is unable to attend the first scheduled NHEP orientation session; and

 

(2)  The individual contacts the department to reschedule the session prior to missing the first scheduled appointment.

 

          (e)  Individuals described in (a) above who do not contact the department until after the missed session but within 21 days of the eligibility application interview, shall be rescheduled for the next available NHEP orientation session.

 

          (f)  Individuals described in (a) above who do not contact the department shall be denied cash assistance by the 21st day following the eligibility application interview.

 

          (g)  Any individual described in (a) above or (i) below who has not attended this orientation session by the 40th day following the eligibility application interview, shall be denied cash assistance.

 

          (h)  The NHEP orientation session shall be offered via telephone or paper or electronic format if:

 

(1)  The FANF applicant provides a written statement during the initial eligibility interview indicating he or she lacks the means to physically attend the NHEP orientation session; or

 

(2)  The department is unable to schedule the FANF applicant for an NHEP orientation session within 10 days of the initial eligibility interview, pursuant to RSA 167:79,III(a).

 

          (i)  When the NHEP orientation session is offered as described in (h) above, attendance at the NHEP orientation session as a condition of financial eligibility pursuant to RSA 167:79,III(a) shall be considered fulfilled when the FANF applicant submits a signed statement to the department within 10 days:

 

(1)  Of the date of the phone session, indicating that he or she has participated in the NHEP orientation session and understands the NHEP work program requirements, if the orientation session was provided over the phone; or

 

(2)  Of the date that the department provided the material, indicating that he or she has reviewed the NHEP orientation session material provided and understands the NHEP work program requirements, if the orientation session was provided in paper or electronically.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6595, eff 10-1-97; amd by #6818, eff 7-25-98; amd by #6997, eff 5-20-99; amd by #7206, eff 3-1-00; amd by #8268, eff 2-1-05; ss by #8452, eff 10-22-05; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 637.03  NHEP Employment Activities Participation Requirements.

 

          (a)  Unless specifically exempted under one or more of the criteria described in RSA 167:82,II, NHEP participants shall attend all required appointments and participate in NHEP employment-related activities as specified in the employability plan pursuant to He-W 637.12, as funding and resources allow:

 

(1)  During the period of time the individual is being determined eligible for FANF financial assistance; or

 

(2)  When the department is notified that a reason for exemption has ended.

 

          (b)  NHEP activities, pursuant to RSA 167:85, shall be sole or combined activities to equal the requirements in (c) or (d) below and as specified in the employability plan.

 

          (c)  An NHEP participant with a child who has attained 6 years of age and older shall participate in NHEP employment-related activities for a minimum period specified in 42 U.S.C. 607, to a maximum of 40 hours a week as specified in the employability plan.

 

          (d)  NHEP participants with a child 12 weeks through 5 years of age shall participate in NHEP employment-related activities for a minimum of 20 hours a week.

 

          (e)  For the NHEP participant described in (d) above, additional weekly hours above the 20 hour minimum may be required, to a maximum of 40 hours as specified in the employability plan, when the participant is meeting the requirements of RSA 165:85,I and agrees to participate in:

 

(1)  Additional hours in activities pursuant to RSA 167:85,I;

 

(2)  Interim activities pursuant to RSA 167:91; or

 

(3)  Secondary activities pursuant to RSA 167:85,II.

 

          (f)  Participants described in (d) above who are in unsubsidized employment or in a Work Experience and Community Service Program as described in He-W 637.21 and participating for a minimum of 20 hours a week, shall participate in job search activities up to a combined maximum of 40 hours a week as specified in the employability plan when no serious and substantial personal barriers pursuant to He-W 637.01(k) have been identified.

 

          (g)  Acceptable verification of weekly NHEP participation hours shall include, but not be limited to:

 

(1)  A signed statement from the NHEP participant containing all of the following information for job search:

 

a.  The NHEP participant’s name, recipient identification number, and week begin and end date;

 

b.  The date each approved job search activity took place, the time spent in each activity described in 15 minute increments, and the miles driven to participate in each activity, if applicable;

 

c.  Name of the employer contacted, the employer’s phone number, email address, physical address, web site address, job advertisement number, and person contacted for each activity; and

 

d.  The title of each job being pursued, the action taken to obtain each job, such as participating in an interview, submitting an application or resume, researching the position or following-up with the employer, and how the NHEP participant carried out each action, such as in person, online, or via fax, mail, email, or telephone;

 

(2)  Time sheets, provider attendance records, school attendance records; or

 

(3)  Pay stubs or other wage verifications.

 

          (h)  Self-employed participants who are unable to verify NHEP participation hours using the documentation described in (g) above, shall verify NHEP participation hours by providing documentation establishing a participant’s compliance which includes, but is not limited to:

 

(1)  The self-employment work is currently being performed for income;

 

(2)  A brief description of the self-employment responsibilities;

 

(3)  The amount of the expected income; and

 

(4)  That the income will be paid and received within 30 days from the date of verification.

 

          (i)  Failure to meet the requirements indicated above shall result in the application of the sanction provisions at RSA 167:82,V.

 

          (j)  The NHEP participant shall be required to contact the NHEP representative a minimum of once every 4 weeks, unless the employability plan indicates otherwise.

 

          (k)  Participation in educational or training programs shall meet hourly work program participation requirements, provided:

 

(1)  The NHEP participant is making satisfactory progress in the programs; and

 

(2)  The need for the educational or training program meets the requirements described in RSA 167:85, He-W 637.22, and He-W 637.23.

 

          (l)  Individuals who volunteer to participate in NHEP shall be subject to the same requirements of the program activities as other NHEP participants, but shall not be sanctioned for failure to participate as specified in He-W 637.06.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6595, eff 10-1-97; amd by #6789, eff 7-1-98; amd by #6818, eff 7-25-98; amd by #7206, eff 3-1-00; ss by #7523, eff 7-1-01; amd by #8161, eff
10-1-04; amd by #8175, eff 10-1-04; amd by #8268, eff
2-1-05; amd by #8269, eff 2-1-05; paragraoh (d) EXPIRED: 7-1-06; paragraph (h) EXPIRED: 7-25-06; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 637.04  Exemptions.

 

          (a) Exemptions from work requirements shall be either temporary or permanent, and decisions regarding exemptions shall be subject to the administrative appeals process described in He-C 200.

 

          (b)  A parent under age 20 without a high school diploma or its equivalent shall, pursuant to 42 U.S.C 608(a)(4), participate in basic education activities described in He-W 637.17 when the child reaches age 12 weeks, for the number of hours specified in He-W 637.03.

 

          (c)  Temporary exemptions shall remain in effect until:

 

(1)  The next redetermination of eligibility;

 

(2) The individual notifies the department that the condition qualifying for the exemption no longer exists;

 

(3)  The department discovers that the individual no longer qualifies for the exemption; or

 

(4)  The individual enters his or her 40th month of receipt of FANF assistance.

 

          (d)  Individuals who lose exemption status due to (c)(4) above shall participate in the New Hampshire employment program (NHEP) work program except for:

 

(1) Individuals who have been temporarily deferred pursuant to (b) above, who shall not be required to participate until their youngest child reaches 12 weeks old; and

 

(2)  Individuals who have medical exemptions pursuant to He-W 606.30.

 

          (e)  A permanent exemption shall exist when:

 

(1)  A parent or included caretaker relative does not meet the definition of able-bodied as defined in RSA 167:78, I and receives one or more of the following benefits:

 

a.  Supplemental security income (SSI);

 

b.  Social security disability insurance (SSDI);

 

c.  Veteran’s disability rating of 80% or more; or

 

d. State supplemental assistance, such as aid to the permanently and totally disabled (APTD), aid to the needy blind (ANB), or old age assistance (OAA);

 

(2)  A dependent child who is 16 or older and is not a full time student has a documented permanent and total disability as verified by a licensed physician, licensed physician assistant (PA), licensed advanced practice registered nurse (APRN), board certified psychologist, master licensed alcohol and drug counselor (MLADC), licensed pastoral psychotherapist (LLP), licensed independent clinical social worker (LICSW), licensed clinical mental health counselor (LCMHC), or licensed marriage and family therapist (LMFT); or

 

(3)  A determination has been made by the NHEP representative that a parent or included caretaker relative has long term obstacles to employment resulting in an inability to participate in employment or activities leading to employment subject to the following:

 

a.  The individual has participated in and complied with all NHEP requirements or has been unable to comply with good cause;

 

b.  The NHEP representative has completed case management activities with the individual for at least one year;

 

c.  During the one year specified in b. above, all reasonable efforts to assist the individual in becoming employable by providing case management services and access to all NHEP employment related activities for which the individual might qualify have been made; and

 

d.  The individual agrees with the NHEP representative’s decision; and

 

(4)  A recommendation has been made by the hardship extension review committee that the family includes an adult caring for a household member with a disability per RSA 167:82, II(g) subject to the following:

 

a.  The individual has received at least one hardship extension for this reason; and

 

b.  The individual agrees with the committee’s recommendation.

 

          (f)  Permanent exemptions shall not be re-evaluated:

 

(1)  As long as the benefits specified in (e)(1) above, are being received by the individual; or

 

(2) Until the individual notifies the department that his or her circumstances as described in (e)(2), (3), and (4) above, have changed, or the department discovers that circumstances have changed, whichever occurs first.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6595, eff 10-1-97; amd by #6789, eff 7-1-98; amd by #7372, eff 12-1-00; amd by #7523, eff 7-1-01; amd by #7918, eff 8-1-03; amd by #8269, eff 2-1-05; paragraph (b) amd by #8740, INTERIM, eff10-13-06, EXPIRED: 4-11-07; paragraph (b) amd by #8869, eff 4-19-07; ss by #9534, eff 9-1-09; ss by #12402, eff 10-20-17; ss by #12718, eff 1-26-19

 

          He-W 637.05  Compliance.

 

          (a)  In accordance with RSA 167:82, 167:85, 167:88, and 167:90-92, the individual shall:

 

(1)  Develop and maintain a written, current contingency plan, with the assistance of the NHEP representative, identifying childcare and transportation arrangements needed to participate in all NHEP appointments and scheduled activities;

 

(2)  Contact the NHEP team prior to being unable to attend orientations, assessments, NHEP activities or other scheduled appointments;

 

(3)  Attend an NHEP orientation as a condition of eligibility for NHEP financial assistance or financial assistance for unemployed parents;

 

(4)  Keep all scheduled appointments and attend scheduled NHEP activities;

 

(5)  Cooperate in the completion of assessment interview(s) as described in He-W 637.09 and employability plan development required by He-W 637.12;

 

(6) Participate in sole or combined NHEP employment-related activities as specified in the employability plan in the timeframes indicated on the employability plan;

 

(7)  Make a good faith effort, as described in (b) below, in meeting and complying with all the steps in his/her employability plan; and

 

(8)  Accept and maintain suitable employment, pursuant to RSA 167:92.

 

          (b)  A good faith effort on the part of the NHEP participant shall include all of the following:

 

(1)  Keeping scheduled appointments;

 

(2)  Providing required verification or information whenever requested by department staff;

 

(3)  Attending classes, meetings, orientations, workshops and appointments as scheduled;

 

(4)  Going to job and work experience interviews as instructed;

 

(5)  For individuals who remain eligible for FANF financial assistance, continuing employment and other NHEP activities; and

 

(6)  Participating for the number of hours specified in the employability plan for any required activity.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #8161, eff 10-1-04; ss by #8269, eff 2-1-05; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 637.06  Failure to Participate/Comply.

 

          (a)  To avoid being sanctioned, pursuant to RSA 167:82, V, for failing or refusing to comply with an NHEP requirement, the individual shall:

 

(1)  Pursuant to RSA 167:83, III, be advised in writing of the:

 

a.  Specific act of non-compliance which constitutes grounds for the sanction;

 

b.  Specific action required by the individual to remove the sanction;

 

c.  Opportunity to claim good cause as described in He-W 637.07; and

 

d.  Right to request an administrative appeal, pursuant to He-C 200.

 

(2)  Contact the NHEP representative to explain the reason for the act of non-compliance; and

 

(3)  Provide verification:

 

a.  Showing that the individual did comply; or

 

b.  Substantiating a good cause claim.

 

          (b)  The individual shall have 7 business days from either the date of the notification of non-compliance or the verified postmark date of the notice as supplied by the individual, whichever is later, to meet the requirements described in (a) above.

 

          (c)  Failure to meet the requirements described in (a) above within the time period described in (b) above shall result in the individual being sanctioned, pursuant to RSA 167:82, V, no later than 10 business days from the date of the notification of non-compliance.

 

          (d)  For an individual who participates in NHEP voluntarily, no sanction shall be applied.

 

          (e)  NHEP participants who voluntarily quit unsubsidized positions without good cause shall be subject to sanctions as specified in RSA 167.82, III(c) and (d).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #7933, eff 9-1-03; amd by #8161, eff 10-1-04; amd by #8269, eff 2-1-05; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10803, eff 3-26-15

 

          He-W 637.07  Good Cause.

 

          (a)  Good cause shall exist, pursuant to RSA 167:82, III(c), when:

 

(1)  A family experiences a net loss of income or loss of shelter, pursuant to (f) and (g) below; or

 

(2)  A family includes an individual who has been battered or subject to extreme cruelty as defined in 42 U.S.C. 602(a)(7)(B), pursuant to (h) below.

 

          (b)  Good cause for lack of adequate child care pursuant to RSA 167:82, III(c)(8) shall:

 

(1)  Apply for children:

 

a.  Under age 13; or

 

b.  Over age 13 but under age 18 provided the child’s physical or mental condition is such that the child would cause harm to him or herself or to others without supervision;

 

(2)  Not include instances where providers refuse to provide child care due to intentional non-payment of child care bills by the individual; and

 

(3)  Be considered to exist when the individual provides in writing the claim and the specific reasons why the claim is made that the quality of care from a provider is not adequate as described in (d)(4) below;

 

          (c)  When the individual claims inadequate child care as identified in (b)(4) above, the individual shall explore other child care providers and options for obtaining adequate child care;

 

          (d)  Adequate child care, as referenced in (b) above, shall be considered available from those providers who:

 

(1)  Have openings and to whom the individual has a means of transporting the children;

 

(2)  Are licensed or license exempt;

 

(3)  Meet all the qualifications and requirements for providers, contract agencies, or both specified in He-C 6910.18(b)-(d) and meet the definitions at RSA 170-E:2, IV or RSA 170-E:3;

 

(4)  Provide care that is representative of the quality of child care provided to other children in the community; and

 

(5)  Meet the household's basic requirements for child care, such as providing care during the required hours, or providing special treatment for a handicapped child if necessary;

 

          (e)  Acceptable verification for a good cause reason for non-participation with NHEP work requirements shall include, but not be limited to:

 

(1)  Written verification from a third party pertaining to the individual’s medical visits, mandated appointments or other circumstances beyond the individuals’ control;

 

(2) A signed, written statement from the individual, under penalty of unsworn falsification pursuant to RSA 641:3, indicating the individual’s efforts to contact local agencies to resolve the reason for non-participation; or

 

(3) A signed, written statement from the individual, under penalty of unsworn falsification pursuant to RSA 641:3, indicating the individual’s continued efforts to resolve the reason for non-participation.

 

          (f)  The good cause provision due to net loss of income as identified in (a)(1) above, shall be met when the net income available to a family at the time the offer of employment was made is less than the financial assistance the family received under FANF;

 

          (g)  Net loss of income shall be calculated as the family’s gross income, which shall include, but not be limited to, earnings, unearned income and cash assistance less the total of necessary work-related expenses, such as child care, transportation, and any other mandatory work related expense required by the employer;

 

          (h)  Individuals who make a good cause claim due to (a)(2) above shall be required to provide the following corroborative evidence to verify the claim:

 

(1)  Court, medical, criminal, child protective services, psychological, or law enforcement records or a statement from a social service provider;

 

(2)  A written statement from a social worker from a public or private social service agency; or

 

(3)  Sworn statements from an individual other than assistance group members with knowledge of the circumstances.

 

          (i)  Pursuant to 45 CFR 260.52(c), if the individual is not able to provide corroborative evidence as described in (h) above, the individual shall submit, a signed, written statement, under penalty of unsworn falsification, pursuant to RSA 641:3, that indicates:

 

(1)  The existence of the situation in (a)(2) above and that compliance with the work program participation requirements would make it more difficult for the assistance group to escape the situation;

 

(2)  That the work participation requirements would unfairly penalize the assistance group which is or has been victimized; or

 

(3)  That the work participation requirements would put the assistance group at further risk.

 

          (j)  Good cause for loss of shelter shall be deemed to temporarily exist for failure to comply with voluntary quit and work-related activities when the individual:

 

(1)  Is in immediate threat of eviction;

 

(2)  Is living in an abandoned building, place of business, car or other vehicle, or in a place not designed to be, or not ordinarily used as, a regular sleeping accommodation for human beings; or

 

(3)  Has provided documentation establishing the existence of an unstable living arrangement that impedes the individual’s ability to meet work participation requirements.

 

          (k)  An individual may make the claim for good cause for non-participation with NHEP work requirements when they indicate that they are, or have previously been, battered or subjected to extreme cruelty as defined in 42 U.S.C. 602(a)(7)(B), where compliance with normal work program requirements would:

 

(1)  Make it more difficult to escape the situation;

 

(2)  Unfairly penalize those who are or have been victimized; or

 

(3)  Put them at further risk.

 

          (l)  All good cause decisions shall be made by the department of health and human services considering all available facts and circumstances, including information submitted by:

 

(1)  The individual;

 

(2)  The employer;

 

(3)  Other agencies providing a NHEP service or activity; and

 

(4)  Any other individual with first hand knowledge of the facts, circumstances, or both of the situation.

 

          (m)  Good cause decisions shall be subject to the administrative appeal process established by He-C 200.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #7192, eff 2-1-00, amd by #8175, eff 10-1-04; amd by #8269, eff 2-1-05; intro. and paragraphs (d) & (g)-(i) amd by #8740, INTERIM, eff
10-13-06, EXPIRED: 4-11-07; intro. and paragraphs (d) & (g)-(i) amd by #8869, eff 4-19-07; ss by #9104, eff 3-15-08; ss by #11063, eff 3-25-16

 

          He-W 637.08  Sanctions.

 

          (a)  For the purposes of implementing sanction provisions for a parent or caretaker relative in accordance with RSA 167:82,III, the following shall apply:

 

(1)  When a good cause claim is denied, a sanction shall be applied for a minimum of one pay period;

 

(2)  An NHEP representative shall contact clients in a second level sanction to attempt to engage the client in the employment program;9534

 

(3)  When an assistance group reaches a third level sanction, the department shall make available a home visit or meeting at another agreed upon location for the purpose of identifying any barriers to compliance in the program;

 

(4)  If the parent or caretaker relative described in (3) above has no identifiable barriers and continues to be noncompliant in NHEP, FANF financial assistance for all members of the assistance group shall be terminated; and

 

(5)  If a parent or caretaker relative described in (3) above refuses to allow a home visit or a meeting at another location with the department or authorized staff or does not contact an NHEP representative within 7 calendar days after failing to keep a scheduled appointment, FANF financial assistance for all members of the assistance group shall be terminated.

 

          (b)  Failure to fully comply with all program requirements prior to the end of a third level sanction shall result in termination of FANF financial assistance for all members of the assistance group.

 

          (c)  To remove a sanction due to non-compliance with NHEP work program requirements or due to voluntarily quitting a job, sanctioned individuals shall provide proof of participation in approved employment-related activities pursuant to He-W 637.03:

 

(1)  For 2 consecutive weeks; and

 

(2)  For the required number of hours.

 

          (d)  Cash assistance shall be restored retroactively to the pre-sanction level if the department applies a sanction and later grants good cause to remove the sanction for the sanctionable action.

 

          (e)  Individuals who have identified themselves as homeless on their application shall not be sanctioned for failure to comply with mailed instructions unless the department is informed by the client or other outside sources that the mailing was received.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #7933, eff 9-1-03; amd by #7991, eff 12-1-03; amd by #8161, eff 10-1-04; amd by #8269, eff 2-1-05; paragraphs (a)-(d) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraphs (a)-(d) amd by #8869, 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 637.09  Initial Assessment.

 

          (a)  An individual shall participate in an initial assessment interview with department staff:

 

(1)  During the eligibility determination process for FANF financial assistance;

 

(2)  Whenever an individual volunteers for NHEP; or

 

(3)  Whenever the status of the individual changes from exempt to mandatory participation in NHEP.

 

          (b)  Participation in an initial assessment interview shall be required for any NHEP participant who:

 

(1)  Is 18 years of age or older; or

 

(2)  Has not completed high school or the equivalent, and is not attending school.

 

          (c)  For the initial assessment, the NHEP participant shall provide written and verbal information on skills, prior work experience and employability for the purposes of:

 

(1)  Determining the need for any immediate assistance or services;

 

(2)  Determining if the individual is required to participate in NHEP-related services or activities; and

 

(3)  Immediate placement into the labor market.

 

          (d)  The referred NHEP client shall complete an assessment interview with the NHEP representative.

 

          (e)  During the assessment interview, the NHEP client shall provide the following:

 

(1)  The client's employment history, including:

 

a.  Work experience;

 

b.  Start and end dates;

 

c.  Reasons for leaving; and

 

d.  Hourly wages;

 

(2)  The client's employment and/or training preference, including:

 

a.  What the client would like to do for work;

 

b.  Whether the client is interested in education or training and what type; and

 

c.  The client's availability for full-time or part-time work;

 

(3)  The client's skills and abilities, including:

 

a.  Highest grade level completed;

 

b.  Skills acquired from work, training or hobbies;

 

c.  Related employment, education or training information;

 

d.  Past participation with an employment or training agency;

 

e.  Aptitude or literacy tests taken in the past; and

 

f.  Difficulties in reading and/or writing;

 

(4)  Potential barriers to immediate employment or employment preparation, including:

 

a.  Need for child care assistance, transportation, or other support services needs;

 

b.  Health problems that would prevent NHEP participation; and

 

c.  Immediate issues or family circumstances, including serious problems dealing with children, that need to be resolved prior to participation; and

 

(5)  Any other factors that should be considered before making referral to a NHEP activity.

 

          (f)  Factors to be considered by a NHEP representative in order to determine referral of a participant to an activity pursuant to RSA 167:85 shall be:

 

(1)  The type and level of the participant’s marketable skills considering:

 

a.  The demand for the participant’s marketable skills in the local labor market; and

 

b.  The demand in the local labor market for vocationally specific or technical proficiency skills and the extent to which the participant has obtained these skills;

 

(2)  The participant’s work experience history;

 

(3)  The participant’s educational history;

 

(4)  The participant’s work habits and behaviors;

 

(5)  The participant’s aptitude and motivation;

 

(6)  Insofar as possible, the participant’s job interests and preferences;

 

(7)  The extent of support services needed by and available to the participant;

 

(8)  How the referral might affect other activities in the employability plan, including time limit requirements for a specific activity to which the NHEP client might be referred;

 

(9) The coordination of the activity with other required or necessary activities, including community activities and activities mandated by another agency;

 

(10) The evaluation of training and post secondary activities that utilizes the fewest program resources that will lead to employment in the shortest timeframe and at a wage sufficient for the participant to be independent of financial assistance; and

 

(11) The screening for serious and substantial personal barriers, including physical or mental impairments, disabilities of clients and/or their children and reasonable accommodations, substance abuse, past felony convictions, intimate partner violence, low literacy and learning disabilities.

 

          (g)  In addition to the criteria in (f) above, the following conditions shall be met for a referral to a training or post secondary education activity:

 

(1)  The participant lacks the skills that will be obtained in the training or education;

 

(2)  Job opportunities are currently available in the local labor market in the referred field of education or training and immediate employment following training or post secondary education is expected; and

 

(3)  The participant has appropriate work habits and behaviors or can be reasonably be expected to develop such behaviors within the training or educational program.

 

          (h)  The department shall be the payor of last resort, and all available funding options shall be explored prior to approving the participant in a training or educational program.

 

          (i)  In addition to the criteria in (f) above, the following conditions shall be met for a referral to work experience and community service program activities:

 

(1)  The participant lacks the skills necessary for paid employment;

 

(2)  The participant lacks significant work experience; and

 

(3)  The participant needs to develop appropriate work habits and behaviors.

 

          (j)  In addition to the criteria in (f) above, participants who report serious and substantial personal barriers as described in He-W 637.01(k), shall be referred to interim activities specified at RSA 167:91,III(a)–(e).

 

          (k)  In addition to the criteria in (f) above, participants who lack a high school diploma or the equivalent and are not required to participate in basic educational activities, shall be referred to basic educational activities when:

 

(1)  The participant requests referral to this activity;

 

(2)  The participant is meeting participation requirements pursuant to RSA 167:85; and

 

(3)  The referral is specified on the employability plan.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; paragraphs (a)-(c) EXPIRED: 2-1-05; paragraphs (d)-(f) amd by #8269, eff 2-1-05; paragraphs
(a)-(c) amd by #8740, INTERIM, eff 10-13-06, EXPIRED:
4-11-07; paragraphs (a)-(c) & (f)-(k) amd by #8869, eff
4-19-07; ss by #10163, eff 7-26-12

 

          He-W 637.10 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #7206, eff 3-1-00; amd by #8268, eff 2-1-05; amd by #8269, eff 2-1-05, rpld by #8740, INTERIM, eff 10-13-06

 

          He-W 637.11 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6818, eff 7-25-98, EXPIRED: 7-25-06

 

          He-W 637.12  Employability Plan.

 

          (a)  Information collected during the process described in He-W 637.09 shall be used to develop the employability plan.

 

          (b)  For purposes of establishing the employability plan, the NHEP representative shall take into account the following:

 

(1)  Available program activities and support services as funding and resources permit;

 

(2)  The extent of support services needed by and available to the participant and the participant's family;

 

(3)  The participant's skill level and aptitudes;

 

(4)  Local employment opportunities;

 

(5)  Employment goals for achieving long-term economic independence and self-sufficiency, including goals for immediate employment in the labor market;

 

(6)  To the maximum extent possible, the employment preferences of the participant; and

 

(7)  Any community activities or activities mandated by another agency in which the participant is currently involved and which might impact the participant’s availability to participate in NHEP.

 

          (c)  The employability plan shall:

 

(1)  Be developed jointly with the client and, if applicable, the supervising adult, and the NHEP representative;

 

(2) Indicate employment goals for achieving long term economic independence and self-sufficiency, including goals for immediate employment in the local labor market;

 

(3)  Outline a planned series of action steps and the related time frames necessary to achieve the employment goals, prepare to obtain employment and resolve any serious and substantial personal barriers to employment;

 

(4)  Describe the NHEP activities to be completed;

 

(5)  Identify the support service needs of the client and the client’s family, and indicate how those needs are being addressed;

 

(6)  Indicate the type and frequency of the contact between the NHEP client and representative; and

 

(7)  Specify the client’s participation in approved community programs or activities mandated by another agency that promote self-sufficiency, employability or the health of the family and the amount of hours involved in these programs that shall count towards required participation hours.

 

          (d)  Participants may request a review of the employability plan at any time.

 

          (e)  The NHEP representative shall have the final approval authority of the employability plan.

 

          (f)  Failure to make satisfactory progress, as defined in He-W 637.01(j), in an activity shall result in a review of the employability plan and the participant’s participation in that activity.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; ss by #8269, eff 2-1-05; paragraph (a) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraphs (a) & (b) amd by #8869, eff 4-19-07; ss by #10275, eff 2-21-13

 

          He-W 637.13 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6818, eff 7-25-98; rpld by #8268, eff 2-1-05

 

          He-W 637.14 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6595, eff 10-1-97; amd by #6818, eff 7-25-98; amd by #8269, eff 2-1-05; amd by #8452, eff 10-22-05; paragraphs (a), (d)-(g) EXPIRED: 7-25-06; rpld by #8740, INTERIM, eff 10-13-06

 

          He-W 637.15  Single Course Authorization.

 

          (a)  An NHEP participant shall be authorized to participate in an employment-related single training course or course of study when:

 

(1)  The participant has completed an assessment interview pursuant to He-W 637.09 and employability plan pursuant to He-W 637.12;

 

(2)  The single training course or course of study is supported by the employment goals as indicated on the employability plan;

 

(3)  The single training course or course of study improves the participant’s immediate employment prospects; and

 

(4)  The single training course or course of study is vocationally specific.

 

          (b)  Single course authorization shall meet the additional conditions specified in He-W 655.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; ss by #8269, eff 2-1-05; paragraph (a) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraph (a) amd by #8869, eff 4-19-07; ss by #10275, eff
2-21-13

 

          He-W 637.16 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #7372, eff 12-1-00; amd by #8268, eff 2-1-05; amd by #8269, eff 2-1-05; rpld by #8740, INTERIM, eff 10-13-06

 

          He-W 637.17  Basic Education Activity.

 

          (a)  Dependent children age 16 through 17 who do not have a high school diploma or equivalent and who are mandatory NHEP participants shall participate in basic education full time, as defined by the institution.

 

          (b)  Individuals described in (a) above and He-W 637.04(b), shall participate in an alternative employment program activity if:

 

(1)  The high school refuses to accept the individual; or

 

(2)  The parent requests an alternative to high school.

 

          (c)  Individuals described in (b) above who are parents shall meet participation requirements pursuant to He-W 637.03.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #7206, eff 3-1-00; ss by #8269, eff 2-1-05; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by 10163, eff 7-26-12

 

          He-W 637.18  Interim Activities.

 

(a)  NHEP participants shall be required to participate in the specific interim activities identified in RSA 167:91, III(a)-(e) aimed at resolving temporary serious and substantial personal barriers, provided that these activities to which the NHEP participant is referred are specified on the employability plan and:

 

(1)  Are covered by Medicaid, pursuant to He-W 530 through He-W 590;

 

(2)  Do not generate a cost to the NHEP participant if the specified activities are not covered by Medicaid pursuant to (a)(1) above; or

 

(3)  Are an allowable NHEP support service payment pursuant to He-W 699.

 

(b)  Pursuant to RSA 167:91, III, NHEP participants shall be required to participate in the specific interim activities identified in RSA 167:91, III(f)-(i) aimed at success in the workforce as specified on the employability plan.

 

(c)  NHEP participants who make claims to the department that they are or have been battered or subjected to extreme cruelty as described in 42 U.S.C. 608(a)(7)(C)(iii), and provide verification pursuant to He-W 602.10(a)(1) after claiming that they cannot participate in NHEP activities due to the domestic violence situation, shall:

 

(1)  Be referred to the NHEP representative; and

 

(2)  Participate in an assessment and any other activities as identified on the service plan, pursuant to 45 CFR 260.55.

 

(d)  The provisions of He-W 637.06 and RSA 167:82, V shall apply if the individual refuses or fails to cooperate with:

 

(1)  NHEP work program requirements;

 

(2)  The individualized assessment pursuant to 45 CFR 260.55; or

 

(3)  The development of an employability or service plan.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #7192, eff 2-1-00; amd by #8269, eff 2-1-05; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10803, eff 3-26-15

 

          He-W 637.19 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #8161, eff 10-1-04; amd by #8268, eff 2-1-05; amd by #8269, eff 2-1-05; rpld by #8740, INTERIM, eff 10-13-06

 

          He-W 637.20  On-the-Job Training (OJT).

 

          (a)  An OJT placement, as described in RSA 167:78, XVIII, shall require the following:

 

(1)  A written contract between the employer providing the OJT placement and the department; and

 

(2)  An approved employability plan which includes the placement information.

 

          (b)  The contract described in (a)(1) above shall include the provisions that the employer:

 

(1)  Provide training and supervision to the participant as part of the contract;

 

(2)  Submit a monthly progress report which substantiates how training and supervision in (1) above has been provided to support the financial reimbursement made to the employer as described in (c) below and includes the employer’s evaluation of the NHEP participant;

 

(3)  Indicate the intent to hire the participant for full-time unsubsidized employment at the end of the contract; and

 

(4)  Meet on a monthly basis with a NHEP representative.

 

          (c)  The department shall reimburse up to an amount no less than 30% of the wages paid to the participant, as agreed to by the parties and specified in the contract.

 

          (d)  The duration of an OJT placement shall be no less than 8 weeks.

 

          (e)  An OJT placement may require participation for greater than 40 hours a week if customary and required by a specific occupation and employer as specified in the employability plan.

 

          (f)  An OJT placement may be pursued by a participant only if supported by an updated approved employability plan.

 

          (g)  An OJT placement shall be terminated prior to the end of the contract period if the employer or participant fails or neglects to comply with the requirements of the contract.

 

          (h)  The department shall notify the employer in writing at least 7 calendar days prior to the termination that the contract shall be terminated and state the reason(s) for the termination.

 

          (i)  The employer or the participant shall have the 7 calendar days notice period to remedy the violation or complaint prior to the contract termination.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #8269, eff 2-1-05, EXPIRED: 2-1-13

 

New.  #10275, eff 2-21-13

 

          He-W 637.21  Work Experience and Community Service Program (WECSP).

 

          (a)  A WECSP placement shall require the following:

 

(1)  A written agreement between the provider and the NHEP specifying the tasks to be performed by the participant, hours of the work placement and duration of the agreement; and

 

(2)  An approved employability plan which includes the placement information.

 

          (b)  Individuals who receive a reduction in FANF financial assistance pursuant to RSA 167:82,III, shall have required participation hours in an WECSP work placement calculated against the full, available pre-sanctioned financial assistance amount.

 

          (c)  Individuals participating in an WECSP work placement shall not be required to participate for more hours than the individual would be compensated for if the individual were paid at minimum wage, equal to the full, available pre-sanctioned financial assistance benefit amount, plus the family’s food stamp benefit amount.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6699, eff 2-28-98; amd by #8269, eff 2-1-05; paragraphs (j) & (k) EXPIRED: 2-28-06; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 637.22  Vocational Educational Training.

 

          (a)  When determining the NHEP participant's need for vocational educational training, as described in RSA 167:85 and 167:91, the NHEP representative shall perform an assessment of the following:

 

(1)  The participant’s marketability of current skills, experience and education;

 

(2)  The participant’s ability to achieve self-sufficiency without a vocational educational training program;

 

(3)  The specific vocational educational training program’s direct marketability to local labor market;

 

(4)  The participant’s ability to successfully complete a vocational educational training program;

 

(5)  The participant’s ability to access support services, such as transportation and child care, while engaged in vocational educational training; and

 

(6)  The participant’s prior enrollment and progress made in previous education and training experiences.

 

          (b)  Vocational educational training programs shall meet all of the following criteria:

 

(1)  The classroom training shall be designed to provide individuals with the knowledge and skills to prepare for a specific occupation;

 

(2)  The vocationally specific training shall be in an occupation which is consistent with the participant’s employability plan;

 

(3)  The training shall be industry specific; and

 

(4)  The training program shall have a reasonable expectation to result in an individual obtaining employment in a specific occupation.

 

          (c)  The vocational educational training program shall be approved, pursuant to RSA 167:91, for a period of time not to exceed a lifetime limit of 12 months, whether or not consecutive months, and including in the sum total of 12 months any months spent in activities pursuant to He-W 637.23.

 

          (d)  The time limit identified in (c) above shall:

 

(1)  Be extended for an additional 3 months past the lifetime limit of 12 months when additional time is needed for the individual to complete and graduate from a program in which the individual is making satisfactory progress; and

 

(2)  Not apply to an individual with a documented learning disability who provides verification of the learning disability and need and length for extended participation in the vocational educational training program from a:

 

a.  State certified education professional licensed to certify for learning disabilities; or

 

b.  Licensed psychologist.

 

          (e)  The verification required in (d)(2) above shall specify the need and length for extended participation in the vocational educational training program.

 

          (f)  To continue to be approved for the vocational educational program, the participant shall verify maintenance of satisfactory progress in the program, as defined in He-W 637.01(j).

 

          (g)  For individuals with a previous certificate, diploma, or completed training program, retraining shall be appropriate if one of the following conditions is met:

 

(1)  Significant labor market changes have occurred which effect the occupation in which training has been previously received;

 

(2)  The participant no longer possesses the needed abilities to perform the job functions of the training received due to a documented disability;

 

(3)  The NHEP participant’s previous training might have been interrupted due to a major personal emergency, which is now resolved; or

 

(4)  The participant had a previous unsuccessful attempt at a training program, and the reason(s) for the unsuccessful attempt has been resolved.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6818, eff 7-25-98; ss by #8269, eff 2-1-05; paragraphs (a)-(f) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraphs (a)-(f) amd by #8869, eff 4-19-07; ss by #10275, eff 2-21-13

 

He-W 637.23  Post Secondary Education.

 

(a)  When determining the NHEP participant's need for a post secondary educational program, as described in RSA 167:85 and 167:91, the NHEP representative shall perform an assessment of the following:

 

(1)  The marketability of the participant’s current skills, experience, training, and education;

 

(2)  The participant’s ability to achieve self-sufficiency without a post secondary educational program;

 

(3)  The specific post secondary educational program’s direct marketability in the local labor market;

 

(4)  The participant’s ability to successfully complete a post secondary educational program;

 

(5)  The participant’s ability to access support services needed to engage in a post secondary educational program, such as transportation and child care; and

 

(6)  The participant’s prior enrollment and progress made in previous education and training experiences.

 

(b)  A post secondary educational program shall meet the following criteria:

 

(1)  Be consistent with the participant’s employability plan; and

 

(2)  Have a reasonable expectation that the degree or certificate will result in the participant obtaining employment.

 

(c)  To maintain approval for the post secondary educational program, the participant shall provide verification of satisfactory progress in the program, as defined in He-W 637.01(j).

 

(d)  The post secondary educational program shall be approved for a period of time not to exceed a lifetime limit of 12 months, whether or not consecutive months, including in the sum total of 12 months any months spent in vocational educational training activities as described in He-W 637.22.

 

(e)  The time limit identified in (d) above shall:

 

(1)  Be extended for an additional 3 months beyond the 12 month lifetime limit when additional time is needed for the participant to complete and graduate from a program in which the participant is making satisfactory progress; and

 

(2)  Not apply to a participant with a documented learning disability who provides verification of the disability and the need and length of time for extended participation in the post secondary educational program from either:

 

a.  A state certified education professional licensed to diagnose learning disabilities; or

 

b.  A licensed psychologist.

 

(f)  When determining the NHEP participant’s need for additional postsecondary educational programs when the participant already has at least one prior post secondary degree, the NHEP representative shall consider the following:

 

(1)  Whether labor market changes have affected the occupation associated with the participant’s prior post secondary degree;

 

(2)  Whether, due to a documented disability, the participant no longer possesses the needed abilities to perform the job functions associated with the  prior post secondary degree;

 

(3)  Whether the participant’s prior post secondary educational program was interrupted due to a personal emergency, and if that situation is now resolved; and

 

(4) Whether the participant was previously unsuccessful in completing a post secondary educational program, and the reasons for the prior failure.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6818, eff 7-25-98; amd by #7206, eff 3-1-00; amd by #8269, eff 2-1-05; paragraphs (a) intro. & (c)-(g) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraphs (a) intro. & (c)-(g) amd by #8869, eff 4-19-07; ss by #9275, eff 9-20-08; ss by #11186, eff 9-20-16

 

          He-W 637.24 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6818, eff 7-25-98; amd by #8269, eff 2-1-05; paragraphs (a)(5) & (b) EXPIRED: 7-25-06; rpld by #8740, INTERIM, eff 10-13-06

 

          He-W 637.25 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; ss by #6595, eff 10-1-97; amd by #6818, eff 7-25-98; amd by #7206, eff 3-1-00; amd by #8452, eff 10-22-05; rpld by #8740, INTERIM, eff 10-13-06

 

          He-W 637.26 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #6818, eff 7-25-98; amd by #8269, eff 2-1-05; paragraphs (b) & (c) EXPIRED: 7-25-06; paragraphs (a)-(c) & (g) amd by #8740, INTERIM, eff
10-13-06, EXPIRED: 4-11-07; paragraphs (a)-(c) & (g) amd by #8869, eff 4-19-07; rpld by #10163, eff 7-26-12

 

          He-W 637.27 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6446, eff 2-1-97; ss by #8269, eff 2-1-05; rpld by #10163, eff 7-26-12

 

          He-W 637.28 - RESERVED

 

Source.  #8268, eff 2-1-05; rpld by #8740, INTERIM, eff
10-13-06

 

PART He-W 638  HOMECARE WORKS

 

          He-W 638.01  Purpose.  The purpose of HomeCare Works is to offer a comprehensive, community-based training program that provides FANF recipients a career opportunity in the health care field by teaching the technical and soft skills necessary to succeed as a home health care provider.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; rpld by #5819, eff 4-29-94

 

New.  #8418, eff 8-22-05; ss by #10275, eff 2-21-13

 

          He-W 638.02  HomeCare Works Program.

 

          (a)  For purposes of the HomeCare Works on-the-job training (OJT) program for unlicensed home care workers, the provisions of He-W 637.20 shall apply with the exception that OJT contracts shall be for a minimum of 24 hours per week.

 

          (b)  NHEP participants participating in a HomeCare Works OJT activity shall receive:

 

(1)  A training stipend of not more than $50 to defray expenses after 2 weeks or upon completion of orientation training, whichever comes later;

 

(2)  A training stipend of not more than $200 to defray expenses after 3 months participation in the OJT; and

 

(3)  A training stipend of not more than $200 to defray expenses after 5 months participation in the OJT.

 

          (c)  Employers providing training/mentor services to NHEP participants participating in HomeCare Works as described in (a) above shall receive:

 

(1)  A training/mentor payment per client at 2 weeks of not more than $200 upon the participant’s completion of orientation training;

 

(2)  A training/mentor payment per client of not more than $200 after 3 months of OJT participation; and

 

(3)  A training/mentor payment per participant of not more than $200 after 5 months of OJT participation.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; rpld by #5819, eff 4-29-94

 

New.  #8418, eff 8-22-05; ss by #10275, eff 2-21-13

 

PART He-W 639  GRANITE WORKFORCE

 

He-W 639.01  Purpose.  The purpose of this part is to implement the granite workforce pilot program (GWPP) established in Laws 2018, 342:3-9.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

He-W 639.02  Subject To Available Funding. The services provided under this part are subject to the continuing availability of Temporary Assistance for Needy Families (TANF) funds as described in Chapter Law 342:9, 2018.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

He-W 639.03  Definitions.

 

(a)  “Beneficiary” means an individual determined eligible and currently receiving Medicaid.

 

(b)  “Department” means the New Hampshire department of health and human services.

 

(c)  “Employer subsidy” means a payment made to an employer in accordance with Chapter Law 342:9, 2018.

 

(d)  “Granite advantage health care program (granite advantage)” means the granite advantage health care program established under RSA 126-AA.

 

(e)  “Granite workforce representative” means an employee of the New Hampshire department of employment security or the department.

 

(f)  “Participant” means a beneficiary enrolled in the granite advantage and receiving GWPP services under this part.

 

(g)  “Month” means the total wages paid by the employer during the prior four weeks.

 

(h)  “New Hampshire employment security (NHES)” means New Hampshire employment security.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

He-W 639.04  Participant Eligibility.

 

(a)  To be eligible to receive GWPP services, a beneficiary shall be:

 

(1)  In a household with a household income up to 138 percent of the federal poverty level;

 

(2)  Enrolled in granite advantage;

 

(3) Mandatorily required to meet the community engagement requirement in He-W 837.03 unless exempted under He-W 837.04 and He-W 837.05; and

 

(4)  One of the following:

 

a.  A parent who is more than 19 years old and less than 65 years old and has a child who is less than 18 years old in the household;

 

b.  A noncustodial parent who is more than 19 years old and less than 65 years old and has a child who is less than 18 years old; or

 

c.  A childless adult who is more than 19 years old and less than 25 years old.

 

(b)  A participant whose earned income increases and causes the household income to exceed 138 percent of the federal poverty level shall continue to receive GWPP services provided the household income does not exceed 250 percent of the federal poverty level, subject to (c) below. 

 

(c)  Participants in subsidized employment whose household income exceeds 138 percent of the federal poverty level and is below 250 percent of the federal poverty level shall be terminated from receiving GWPP services once the employer is paid the second subsidy payment, pursuant to He-W 639.08 below.

 

(d)  NHES shall verify the beneficiary is enrolled in granite advantage and determine the beneficiary’s eligibility for GWPP services as described in (a) above.

 

(e)  Any participant whose household income exceeds 250 percent of the federal poverty level shall be terminated from participation in GWPP.

 

(f)  A beneficiary, who is otherwise exempted from the community engagement requirement under He-W 837.04 and He-W 837.05, and voluntarily participates in the community engagement requirement may request to participate voluntarily in the GWPP if they meet the requirements in (a) above.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

He-W 639.05  Initial Assessment.

 

          (a)  A beneficiary shall participate in an initial interview when the beneficiary volunteers to participate in GWPP and the interview shall include an assessment of job skills, experience, and vocational interests using the occupational information network interest profiler or another assessment tool that measures vocational interests, job skills, experience, aptitude, and educational needs.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

He-W 639.06  Activities and Services.

 

(a)  NHES shall offer the following activities and services to participants:

 

(1)  Case management, vocational assessment, career planning, and job readiness services including referral for employment support services pursuant to He-W 639.07;

 

(2)  Referral to community agencies including but not limited to those under contract with the department to provide services to mitigate barriers to employment;

 

(3)  Referral to education and training providers including:

 

a. The New Hampshire community college system for training and apprenticeship opportunities;

 

b.  The department of business and economic affairs for available training funds and support services;

 

c.  The department of education for education and employment programs for youth; and

 

d.  Other available post-secondary educational programs, training programs, and apprenticeship programs;

 

(4)  Referral for education, training, apprenticeships, and direct job placement;

 

(5)  Direct placement into subsidized employment for industry specific skills for jobs in high need areas, as determined by the NHES based upon workforce shortages; and

 

(6)  Referral to services to assist meeting the work and community engagement requirements in He-W 837.03.

 

(b)  Payment for services described in (a)(2) above shall be limited to four months.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

He-W 639.07  Employment Support Services.

 

(a)  Employment support services shall be available for participants who have met the requirement of He-W 639.04 and He-W 639.05 above, as funding and budgets permit.

 

(b)  Participants shall receive the employment support services listed below:

 

(1)  Mileage reimbursement shall be provided for transportation to and from approved activities listed in He-W 639.06 subject to the following:

 

a.  Mileage reimbursement shall not exceed $160 per month;

 

b.  Participants shall not receive mileage reimbursement for more than 4 months out of the state fiscal year;

 

c.  Participants shall provide the following information to the department for mileage reimbursement:

 

1.  Mileage to and from the approved GWPP activity; or

 

2.  Verification of the actual cost of transportation to and from the approved activity;

 

d.  Mileage reimbursement shall be paid as follows:

 

1.  The actual cost of transportation to and from the approved GWPP activity; or

 

2.  The number miles traveled multiplied by $0.30; and

 

e.  Reimbursement shall be provided for rides verified by receipt and purchased from a public for hire transportation agency under contract with the New Hampshire department of transportation, the United States department of transportation, or a registered common carrier under RSA 376 and RSA 376-A directly for transportation services.

 

(2)  Tuition assistance shall be provided for allowable education and training activities pursuant to He-W 837.08(a)(5), (6), and (8) as follows:

 

a.  Payment shall be made to the education or training provider, including books, fees, and supplies up to $5,000 per participant in a lifetime; and

 

b.  Payment shall be approved by the granite workforce representative if the participant provides the following information:

 

1.  Name of the institution the participant attends;

 

2.  Verification of the courses the participant is taking; and

 

3.  Verification of the cost of any necessary tuition, books, fees, and supplies;

 

(3)  Financial support shall be provided for allowable education and training activities in the case of a beneficiary who has not received a high school diploma or a certificate of a high school equivalency pursuant to He-W 837.08(a)(9) and (10) as follows:

 

a.  Payment shall be made to the education or training provider, including books, fees, and supplies up to $450 per participant in a lifetime; and

 

b.  Payment shall be approved by the granite workforce representative if the participant provides the following information:

 

1.  Name of the institution the participant attends;

 

2.  Verification of the courses the participant is taking; and

 

3.  Verification of the cost of any necessary tuition, books, fees, and supplies;

 

(4)  Emergency housing support shall be paid subject to the following:

 

a.  Payment shall not be greater than $650 per household in a lifetime to assist in securing or retaining permanent housing;

 

b.  Payment shall be made to a landlord, management company, or bank; and

 

c.  Participants shall:

 

1.  Provide verification from a landlord, management company, or mortgagee that the participant is experiencing or threatened with homelessness or unsafe or unhealthy living conditions pursuant to He-W 606.104;

 

2.  Indicate in writing whether the request is for a rental or mortgage payment, the amount needed to secure or retain permanent housing or a safe and healthy living situation, and the third party to be paid;

 

3.  Provide a signed and dated third party verification when the housing costs exceed $650 indicating that the third party shall provide the remainder of the deposit, rent, or mortgage obligation to prevent the housing crisis or ensure permanent housing; and

 

4.  Submit the signed and dated writing that includes the required information in 1. and 2. above, and the verification required in 3. above to the granite workforce representative for review; and

 

(5)  Payment for child care registration fees shall be paid subject to the following:

 

a.  Payment shall not be greater than $100 per child in a lifetime and shall be paid to the child care provider;

 

b.  Payment shall only be made for registration and shall not include other fees associated with the pre-payment of child care services or the holding or securing of child care slots; and

 

c.  Participants shall:

 

1.  Provide verification from the child care provider indicating the child’s name and the required child care registration fees;

 

2.  Indicate the amount required to secure child care and the child care provider’s information necessary for payment; and

 

3.  Submit a signed and dated writing including the required information and verification to the granite workforce representative for review.

 

(d)  Participants shall submit invoices for employment support services within 90 days of the granite workforce representative’s approval of the costs of the services.

 

(e)  The granite workforce representative shall review the submitted invoices as required in (d) to confirm that they are consistent with the beneficiary’s employment plan and the assessment results.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

He-W 639.08  Employer Subsidies.  Subsidies for employers shall be provided by the department as follows:

 

(a)  Employers who hire and retain participants shall receive a wage subsidy:

 

(1)  After 3 months of continued employment from the hire date; and

 

(2)  After 9 months of continued employment from the hire date;

 

(b)  Each wage subsidy payment shall equal 50 percent of the documented and confirmed gross wages paid by the employer to the participant for the prior month, not to exceed $2,000 per payment;

 

(c) Employers shall invoice the department within 90 days after the 3 months of continued employment and within 90 days after the 9 months of continued employment;

 

(d)  The department shall pay the employer subsidy within 90 days of receipt of invoice;

 

(e)  The employer shall notify NHES of any improper payment within 30 days of the date the employer is aware of the overpayment; and

 

(f)  The employer shall reimburse the department within 90 days of the notification of an improper payment in (e) above.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

He-W 639.09  Termination of GWPP.

 

(a)  GWPP shall terminate pursuant to Laws 2018, 342:9 within 20 business days when:

 

(1)  The department determines that the available federal TANF funds have fallen below $40,000,000;

 

(2)  The program receives no additional federal TANF funds; or

 

(3)  The federal or state authority to operate granite advantage ends as stipulated in RSA 126-AA.

 

(b)  Any outstanding contractual or other obligations of GWPP shall be terminated as soon as practicable and in accordance with the following schedule:

 

(1)  Participants receiving case management services from NHES shall continue to receive case management services for up to 90 days from the program termination date;

 

(2)  Participants receiving barrier reduction services from community providers under contract with the department shall continue to receive barrier reduction services for up to 30 days from the program termination date;

 

(3)  Employers shall be paid qualifying wage subsidies following the 3rd and 9th month of continued employment for participants hired by the employer prior to the program termination date; and

 

(4)  Participants receiving education, training, or apprenticeship services from education and training facilities shall continue to receive education or training services when this service has been approved or paid for prior to the program termination date.

 

(c)  Payment for outstanding program obligations following after program termination shall be allowed as funding and budgets permit as follows:

 

(1)  Community providers, under contract with the department for barrier reduction services for participants enrolled in barrier reduction services, shall be allowed to submit invoices the department for 90 days following the closure of all participants from the barrier reduction services;

 

(2)  Employers shall be allowed to submit invoices for 90 days following the 3rd and 9th month of a participant’s continued employment;

 

(3) Providers of education and training for participants enrolled in services prior to the termination date shall be allowed to submit invoices for 90 days following program termination date; and

 

(4)  Personnel related costs for the department and NHES for staffing deemed necessary to carry out program responsibilities shall not extend beyond 12 months from the program termination date.

 

Source.  #12713, INTERIM, eff 1-22-19, EXPIRES: 7-22-19

 

PART He-W 640 - RESERVED

 

PART He-W 641  SPECIAL MEDICAL ASSISTANCE ONLY COVERAGE GROUPS

 

          He-W 641.01  Children Up To 20 Years Of Age.

 

          (a)  For purposes of 42 USC 1396a and 42 USC 1396d relative to medical assistance for children up to 20 years of age, all general, technical, and financial eligibility requirements for FANF medical assistance specified in He-W 600 shall apply.

 

          (b)  If the child is residing with his/her parents, all of the parents' countable resources shall be deemed to the child and added to the child's resources, except for the following:

 

(1)  Any vehicle that is necessary for employment or training of the parents; and

 

(2)  Any life insurance policies that the parents own on themselves or children other than those under 20 years of age.

 

          (c)  For medically needy medical assistance, deemed resources shall be reduced, according to the family size not including the child or children under 20 years of age, by an amount equal to 50% of poverty guidelines pursuant to 42 USC 9902(2).

 

          (d)  For purposes of reducing deemed resources for medically needy medical assistance, changes in the poverty income guidelines shall become effective on the first day of July following publication of the poverty income guidelines in the Federal Register.

 

          (e)  Deemed resources shall be added to the child's resources, and compared to the appropriate resource limit, as follows:

 

(1)  If the child is applying for or receiving categorically needy medical assistance, the child's resources and deemed resources shall be compared to the FANF categorically needy resource limit; or

 

(2)  If the child is applying for or receiving medically needy medical assistance, the child's resources and deemed resources shall be compared to the FANF medically needy resource limit.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #5915, eff 11-1-94; amd by #5992, eff 2-25-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 641.02  Qualified Pregnant Women/60 Day Extended MA.

 

          (a)  In accordance with 42 USC 1396a(a) and 42 USC 1396d(n) relative to medical assistance for qualified pregnant women, all general, technical and financial eligibility requirements for FANF medical assistance specified in He-W 600 shall apply, in addition to the requirements below.

 

          (b)  If a pregnant woman is a minor casehead, as defined by He-W 601.05(r), a portion of her parents' income shall be deemed available to her as follows:

 

(1)  The amount of each parent's countable gross earned income, as defined in He-W 601.04(m) and He-W 601.04(n), if any, shall be determined;

 

(2)  Net earned income, as defined in He-W 601.05(u), shall be determined by deducting $90 from each parent’s countable gross earned income;

 

(3) Countable unearned income, as defined in He-W 601.08(k), shall be added to net earned income;

 

(4)  The shelter payment allowance for unsubsidized housing, as defined in He-W 658.02(e)(2), for the appropriate assistance group size shall be subtracted from the total amount of countable unearned and net earned income; and

 

(5)  The assistance group size shall be determined by including the parents of the pregnant woman, any other individuals living in the home who are legal dependents of the pregnant woman's parents and any individuals outside the home who could be claimed as legal dependents by the pregnant woman’s parents.

 

          (c)  If a pregnant woman is a minor casehead, as defined in He-W 601.05(r), the total amount of her parents' countable resources, as defined in He-W 601.04(v), shall be deemed available to her when determining her resource eligibility.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5992, eff 2-25-95; ss by #7835, eff 2-24-03; amd by #8063, eff 3-20-04; ss by #9845, eff 2-24-11

 

          He-W 641.03  Medicaid for Employed Adults with Disabilities (MEAD).

 

          (a) In accordance with RSA 167:3-i, RSA 167:3-c, XII, RSA 167:6, IX, and 42 USC 1396a(a)(10)(A)(ii)(XV) relative to medical assistance for employed adults with disabilities, medical assistance shall be provided to any applicant who:

 

(1)  Meets the general and technical requirements for APTD or ANB as specified in He-W 600;

 

(2)  Is age 18 through 64, inclusive;

 

(3)  Meets the medical criteria for MEAD pursuant to He-W 504.02;

 

(4)  Is employed for pay pursuant to He-W 641.03(b), or self-employed for pay pursuant to He-W 641.03(c), on the date of application, during the time of MEAD eligibility determination, and during the retroactive period, should the individual request this medical coverage period;

 

(5)  Has net income determined by applying the APTD or ANB treatment and disregards to his or her gross income, and if applicable, to the spouse’s gross income pursuant to He-W 654, that when combined with spousal net income does not exceed 450% of the federal poverty guidelines, as published annually in the Federal Register and effective no later than the first of the month following the first complete month after the federal poverty income guidelines have been published in the federal register;

 

(6)  Has countable resources that do not exceed the 2002 limit of $20,000 for an individual or $30,000 for a married couple, the amounts of which shall be updated annually in accordance with (a)(5) above by the percentage that applies pursuant to the Consumer Price Index; and

 

(7)  Pays the monthly premium, established pursuant to He-C 5003.

 

          (b)  To be considered employed for pay, an individual shall:

 

(1)  Receive remuneration and contribute to the Federal Insurance Contributions Act (FICA); and

 

(2)  Not be paid for participation in a program designed to enhance an individual’s ability to obtain paid employment.

 

          (c)  To be considered self-employed for pay, an individual shall:

 

(1)  Meet the requirements of (b)(2) above; and

 

(2)  Provide documentation that he or she makes regular payments based on earnings as required pursuant to FICA.

 

          (d)  The items listed below shall not be counted as a resource when determining MEAD eligibility:

 

(1)  Retirement plans;

 

(2)  Medical savings accounts established pursuant to 26 USC 220; and

 

(3)  MEAD employability accounts specifically designated and set aside by the individual for the purpose of purchasing certain goods or services that:

 

a.  Will enhance an applicant’s employability; and

 

b.  Are not:

 

1.  Covered by the medicaid program;

 

2.  Otherwise reimbursable;

 

3.  Specifically excluded pursuant to He-W 656; or

 

4.  Already allowed as a deduction pursuant to He-W 654.

 

          (e)  Goods or services for which MEAD employability accounts may be designated and set aside pursuant to (d)(3) above shall include, but not be limited to:

 

(1)  Equipment, supplies, operating capital, and inventory required to establish a business;

 

(2)  Any cost associated with an educational or occupational training facility, including, but not limited to, tutoring, or counseling;

 

(3)  Work-related attendant care services to enable the individual to prepare for work, including, but not limited to, bathing and dressing, or services provided in the workplace;

 

(4)  Medical devices, which enable the applicant to work, including, but not limited to:

 

a.  Wheelchairs;

 

b.  Prosthetics;

 

c.  Pacemakers; and

 

d.  Respirators;

 

(5)  Equipment or tools either specific to an applicant's condition or designed for general use;

 

(6)  Uniforms, specialized clothing, and safety equipment;

 

(7)  Least costly transportation cost(s) to and from work, such as weekly or monthly bus passes;

 

(8)  Purchase of a private vehicle;

 

(9)  Operational or accessibility modifications to buildings or vehicles to accommodate disability;

 

(10)  Routine drugs or medical services to ameliorate disability that are not covered by medicaid;

 

(11)  Diagnostic procedures related to evaluation, control, or treatment of a disabling condition;

 

(12)  Prescribed non-medical appliances and devices essential for controlling the disabling condition at home or work such as air filtering equipment;

 

(13)  Expendable medical supplies; and

 

(14)  Guide dogs, dog food, licenses, and veterinary services.

 

          (f)  If an applicant uses funds in a MEAD employability account for items other than those described in He-W 641.03(d)(3), the remaining funds in the account shall be counted as a reSource.

 

          (g)  Applicants who have been determined eligible for medical assistance pursuant to He-W 641.03(a) and who subsequently become unemployed but who intend to return to work shall remain eligible for MEAD for a 6-month extension period beginning with the date the individual becomes unemployed, if:

 

(1)  The recipient was involuntarily terminated from employment, or seasonal work ended, and is currently seeking new employment; or

 

(2)  The recipient voluntarily terminated employment with good cause in accordance with (i) below.

 

          (h)  A recipient who has completed the 6-month extension may obtain one additional 6-month extension if the recipient provides either:

 

(1)  A doctor’s written statement regarding the individual’s medical condition as it relates to their inability to work; or

 

(2)  Written documentation of proven job search through contacts made to employers, and/or employment agencies such as One-Stops, Vocational Rehabilitation, or Employment Networks.

 

          (i)  The division of family assistance shall determine that good cause for leaving employment exists, in accordance with RSA 167:82, III(c)(1), (2), (4), (6), (7), and (8).

 

          (j)  A recipient shall be terminated from MEAD when 3 consecutive occurrences of employment by a recipient indicate that the date of hire occurred during the last month of each of the 6-month periods.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5895, eff 9-15-94; rpld by #6446, eff 2-1-97

 

New.  #7644, eff 2-8-02; ss by #8292, eff 2-24-05; ss by #9402, eff 3-5-09

 

          He-W 641.04  Severely Disabled Children.

 

          (a)  For purposes of 42 USC 1396a relative to medical assistance for severely disabled children, all general and technical eligibility requirements for FANF medical assistance specified in He-W 600 shall apply.

 

          (b)  Two or more severely disabled children, as defined in He-W 507.02, living in the same family shall be considered members of the same assistance group.

 

          (c)  Deemed resources shall be added to the child's resources and the total shall be compared to the appropriate resource limit as follows:

 

(1)  If the child is applying for or receiving FANF categorically needy medical assistance, the child's resources and deemed resources shall be compared to the FANF categorically needy resource limit for severely disabled children in He-W 656.06; or

 

(2)  If the child is applying for or receiving FANF medically needy medical assistance, the child's resources and deemed resources shall be compared to the FANF medically needy resource limit in He-W 656.06.

 

          (d)  For medically needy medical assistance, all of the parents' countable resources, if the child is residing with the parents, shall be deemed to the child and added to the child's resources, except for the following:

 

(1)  Any vehicle that is necessary for employment or training of the parent(s);

 

(2)  Any vehicle that is necessary for medical transportation of the severely disabled child; and

 

(3)  Any life insurance policies that the parents own on themselves or children other than the severely disabled child.

 

          (e)  For medically needy medical assistance, deemed resources shall be reduced according to the family size not including the severely disabled child or children, by an amount equal to 50% of poverty guidelines pursuant to 42 USC 9902(2), effective on the first day of July.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #5992, eff 2-25-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #7354, eff 9-1-00; amd by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 641.05  Presumptive Eligibility Determinations.

 

          (a)  Once an individual has been determined presumptively eligible for medical assistance pursuant to Sections 1920 and 1920A of the Social Security Act, that individual shall only be allowed to have another presumptive eligibility determination if the individual:

 

(1)  Was determined eligible for medical assistance by the department and received such assistance after the presumptive eligibility period ended; and

 

(2)  Subsequently became ineligible for medical assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) rsvd by #5171, eff 6-26-91; ss by #7003, eff 6-1-99, EXPIRED: 6-1-07

 

New.  #8897, eff 6-7-07, EXPIRED: 6-7-15

 

          He-W 641.06  Medical Coverage for Pregnant Women.  For purposes of Section 1902(l) of the Social Security Act relative to medical assistance for pregnant women, the following shall apply:

 

          (a)  Pregnant women, who apply for or receive medical coverage for pregnant women (MCPW) as defined in He-W 601.05(q), shall not be subject to the maximum resource limits for medical assistance; and

 

          (b)  The income of pregnant women shall be compared to a percentage of the federal poverty income guidelines, as required under section 1902 (1)(2)(A)(i) of the Social Security Act, for the appropriate budgetary unit size.  In order for a pregnant woman to be income eligible for medical coverage, monthly income of the budgetary unit, as defined in He-W 601.02(e), shall not exceed the current percentage of the poverty income guidelines established under the Social Security Act or RSA 167:68, whichever is higher, for the appropriate budgetary unit size.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5417, INTERIM, eff 7-1-92, EXPIRED: 10-29-92

 

New.  #5499, eff 11-6-92; amd by #5915, eff 11-1-94; ss by #6865, eff 10-3-98; ss by #7004, eff 5-26-99, EXPIRED:
5-26-07

 

New.  8897, eff 6-7-07, EXPIRED: 6-7-15

 

          He-W 641.07  Medical Assistance for Low Income Children.

 

          (a)  “Low income children” means children under the age of 19 whose family income is less than or equal to 300% of the federal poverty income guidelines as published annually in the Federal Register by the Secretary of the U.S. Department of Health and Human Services.

 

          (b)  Resources shall not be counted when eligibility is determined for low income children.

 

          (c)  For children to be income eligible for medical assistance as a low income child, monthly family income shall not exceed 300% of the federal poverty income guidelines;

 

          (d)  For purposes of determining income eligibility for medical assistance for a low income child, changes in the poverty level guidelines shall become effective the first day of the second month following publication of the poverty income guidelines in the Federal Register.

 

          (e)  A qualified entity as defined in He-W 520.01(h) shall be allowed to make presumptive eligibility determinations as defined in He-W 520.01(f) for initial eligibility for medical coverage for low income children whose eligibility is based on a percentage of the federal poverty income guidelines.

 

          (f)  For purposes of this section, all requirements for FANF medical assistance specified in He-W 600 shall apply except that:

 

(1)  A verbal declaration stating the monthly amount received in child support shall fulfill general verification requirements specified in He-W 606;

 

(2)  A verbal declaration stating the monthly amount paid for child care expenses shall fulfill child care cost verification requirements specified in He-W 606.73; and

 

(3) A verbal declaration stating the amount of monthly wage garnishments shall fulfill garnishment verification requirements specified in He-W 606.74(a)(4).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5215, eff 8-30-91; ss by #5417, INTERIM, eff 7-1-92, EXPIRED: 10-29-92

 

New.  #5499, eff 11-6-923; amd by #5915, eff 11-1-94; amd by #5992, eff 2-25-95; amd by #6745, (HB 32), eff 5-1-98, EXPIRED: 12-31-98; ss by #6925, eff 1-1-99; amd by #7666, eff 4-1-02; amd by #8783, INTERIM, eff 12-30-06, para. (c) EXPIRED: 6-28-07; amd by #8903, eff 6-28-07; ss by #9664, eff 4-1-10; ss by #10139, eff 7-1-12

 

          He-W 641.08 - RESERVED

 

Source.  #6925, eff 1-1-99; rpld by #7666, eff 4-1-02

 

          He-W 641.09  Breast and Cervical Cancer Program.

 

          (a)  “Course of treatment” means the period of time a woman requires treatment for breast or cervical cancer as specified in writing by the woman’s attending physician.

 

          (b)  Medical assistance shall be provided to any woman who:

 

(1) Meets the requirements specified in 42 USC 1396a(aa) pursuant to 42 USC 96a(a)(10)(A)(ii)(XVIII);

 

(2)  Is a  resident of the State of New Hampshire as defined in He-W 601.07(e); and

 

(3)  Is a citizen of the United States or a qualified alien as described in He-W 616.02.

 

          (c)  Medical assistance made available to a woman described in (b) above shall be limited to the woman’s course of treatment.

 

          (d)  Medical assistance made available to a woman described in (b) above shall be terminated when:

 

(1)  The woman no longer meets the requirements specified in 42 USC 1396a(aa);

 

(2)  The woman’s attending physician states in writing that the woman has completed her course of treatment; or

 

(3)  The woman no longer resides in the State of New Hampshire.

 

Source.  #7459, EMERGENCY, eff 3-13-01 EXPIRED:
9-9-01; ss by #7546, eff 9-1-01; ss by #9532, eff 9-1-09

 

PART He-W 642  CATEGORICAL REQUIREMENTS - ADULT FINANCIAL AND MEDICAL ASSISTANCE

 

          He-W 642.01 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 642.02  OAA Categorical Requirements.

 

          (a)  If a client applies for OAA in the month in which he or she turns 65 years of age, the client shall meet the age requirement as of the day he/she turns 65 years of age.

 

          (b)  If a client is transferred to OAA from another category of assistance, he or she shall receive assistance under OAA commencing in the month following the month in which he or she turns 65.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 642.03  APTD Categorical Requirements.

 

          (a)  A client shall meet all aspects of the APTD disability requirement in He-W 500 for initial and continuing eligibility.

 

          (b)  APTD clients shall be transferred to OAA the month following the month in which the client turns 65.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 642.04  ANB Categorical Requirements.  A client shall meet all aspects of the ANB blindness requirement in He-W 500 for initial and continuing eligibility.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

PART He-W 643 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 644  Technical Requirements for Adult Financial and Medical Assistance

 

          He-W 644.01  Personal Interview.

 

          (a)  A personal interview between the individual or authorized representative (AR) and a department staff member or contracted employee shall be required for:

 

(1)  Each initial determination of eligibility for adult category financial assistance; and

 

(2)  Each regularly scheduled redetermination of eligibility for all adult category clients except for individuals residing in independent living arrangements and not receiving SNAP benefits.

 

          (b)  A personal interview shall be conducted for all adult category cases, including those exempted above in (a)(2), as a result of reported changes or the discovery of conflicting information related to eligibility.

 

          (c)  A personal interview shall be required once during a 12-month period for any adult category case on a more frequent redetermination of assistance schedule pursuant to He-W 684.02(d).

 

          (d)  The individual or the individual’s AR shall review the summary of the information provided during the interview with the department’s representative who conducted the interview, and:

 

(1)  Make any corrections to the information; and

 

(2)  Sign the summary attesting to the truthfulness and accuracy of the information provided.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #7766, eff 10-1-02; amd by #8325, eff 5-1-05; amd by #8452, eff 10-22-05; ss by #9788, eff 10-1-10; ss by#12714, eff 1-23-19

 

PART He-W 645 - He-W 647 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 648  RESIDENTIAL CARE FACILITIES AND COMMUNITY RESIDENCES

 

          He-W 648.01 - Reserved

 

Source.  (See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 648.02  Residential Care Facilities.

 

          (a)  Individuals living in residential care facilities, as described in RSA 151:2, I(e), shall meet all general, technical, categorical, and financial requirements for adult category financial assistance, in addition to the requirements below.

 

          (b)  Individuals living in residential care facilities shall be entitled to a different standard of need than individuals residing in independent living arrangements when the residential care facility is licensed by the department as meeting the standards for the care of residential care facility residents.

 

          (c)  Financial eligibility for individuals in residential care facilities shall be determined as an assistance group size of one.

 

          (d)  If an individual is determined eligible, financial assistance shall be provided directly to the individual, not to the operator of the residential care facility.

 

          (e)  The standard of need for an individual in a residential care facility shall be adjusted annually as specified in He-W 648.04.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5418, INTERIM, eff 7-1-92, EXPIRED: 10-29-92

 

New.  #5500, eff 11-6-92; amd by #5966, eff 1-27-95; ss by #6865, eff 10-3-98; amd by #6969, eff 4-1-99; amd by #7451, eff 2-17-01; amd by #7622, INTERIM, eff 1-9-02 EXPIRED: 7-8-02; amd by #7693, eff 5-25-02; amd by #7803, INTERIM, eff 1-1-03, EXPIRED: 6-30-03; amd by #7876, eff 4-23-03; amd by #8015, eff 1-1-04, EXPIRED: 6-29-04; amd by #8092, eff 5-28-04; amd by #8252, eff 1-8-05; amd by #8684, eff 7-21-06; ss by #9364, eff 2-1-09; ss by #12179, eff 5-23-17

 

          He-W 648.03  Community Residences.

 

          (a)  Individuals living in community residences, as defined in He-M 1001.02(k), shall meet all general, technical, categorical, and financial requirements for adult category financial assistance, in addition to the requirements below.

 

          (b)  Individuals living in community residences shall be entitled to a different standard of need than individuals residing in independent living arrangements when:

 

(1)  The community residence is certified or licensed by the department;

 

(2)  The individual has been determined appropriate for community residence care by a division of developmental services area agency case manager; and

 

(3)  The individual has been placed in a community residence.

 

          (c)  Financial eligibility for individuals in community residences shall be determined as an assistance group size of one.

 

          (d)  If an individual is determined eligible, financial assistance shall be provided directly to the individual, not to the operator of the community residence.

 

          (e)  The standard of need shall be adjusted annually, as specified in He-W 648.04, for individuals living in:

 

(1)  Community residences, as defined in He-M 1001.02(k); and

 

(2)  Family residences, as defined in He-M 1001.02(k) and He-M 1001.02(p).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5418, INTERIM, eff 7-1-92, EXPIRED: 10-29-92

 

New.  #5500, eff 11-6-92; amd by #5966, eff 1-27-95; ss by #6865, eff 10-3-98; amd by #6969, eff 4-1-99; amd by #7451, eff 2-17-01; amd by #7622, INTERIM, eff 1-9-02 EXPIRED: 7-8-02; amd by #7693, eff 5-25-02; amd by #7803, INTERIM, eff 1-1-03, EXPIRED: 6-30-03; amd by #7876, eff 4-23-03; amd by #8015, eff 1-1-04, EXPIRED: 6-29-04; amd by #8092, eff 5-28-04; amd by #8252, eff 1-8-05; amd by #8684, eff 7-21-06; ss by #9364, eff 2-1-09; ss by #12179, eff 5-23-17

 

          He-W 648.04  Cost-of-Living Adjustments for Supplemental Security Income.

 

          (a)  In accordance with 42 USC 1382g and pursuant to RSA 167:27-c, the department shall maintain the minimum supplemental payment levels for individuals living in:

 

(1)  Residential care facilities, as defined in RSA 151:2,I(e);

 

(2)  Community residences, as defined in He-W 601.45 and He-M 1001.02(k); and

 

(3)  Family residences, as defined in He-M 1001.02(p).

 

          (b)  The standard of need for individuals living in residences specified in (a) above, shall be determined by:

 

(1)  Subtracting the adult standard disregard as specified in He-W 654.16, from the current maximum SSI payment level; and

 

(2)  Adding the figure in (b)(1) above to the appropriate minimum state supplemental payment level in accordance with 20 CFR 416.2098.

 

Source.  #8252, eff 1-8-05; ss by #10257, eff 1-24-13

 

PART He-W 649 - He-W 651 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 652  INCOME - BASIC PRINCIPLES

 

          He-W 652.01 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 652.02  Available Income.

 

          (a)  Available income for adult category financial and medical assistance shall be determined in the same manner as FANF financial and medical assistance, pursuant to He-W 606.

 

          (b)  Income received which represents contributions or compensation for a period of more than one month, or which varies steadily from month to month, shall be averaged to obtain a monthly figure.

 

          (c)  The monthly figure shall be the amount the individual is expected to have for use each month.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 652.03  Deemed Income For Financial and Medical Assistance.

 

          (a)  The income of a caretaker relative who is not a parent and is not included in the assistance group (AG), shall not be considered available to the children in the assistance group.

 

          (b)  If all family members living together apply for assistance as one group, deeming of the parents’ or legal guardians' income shall not apply.

 

          (c)  The minor casehead’s income and resources, and the income and resources of the minor casehead’s parent(s) or legal guardian(s), shall not be counted when determining eligibility for the FANF AG when the minor casehead is:

 

(1)  Not a parent; and

 

(2)  Not included in the AG.

 

          (d)  When determining eligibility for FANF financial and medical assistance, the parent’s income shall be deemed to the minor casehead in the following manner:

 

(1)  The countable gross earned income, if any, for each employed parent shall be determined pursuant to He-W 654;

 

(2)  The employment expense disregard as specified in He-W 654.13 shall be deducted from the gross earned income for each employed parent resulting in the net earned income for each;

 

(3)  Countable unearned income shall be added to net earned income, as described in (2) above, which shall result in available income;

 

(4)  The following shall be subtracted from available income, as described in (3) above, resulting in the amount of deemed income:

 

a.  The FANF standard of need, as described in He-W 658.01, for the appropriate group size, for a group with the following members:

 

1.  Parents living in the home;

 

2.  Any other individuals living in the home who are legal dependents of the parents; and

 

3.  Any individuals outside the home whom the parent claims as dependents for federal income tax purposes; and

 

b.  The amount of child support or alimony paid by the parents to individuals outside the home;

 

(5)  The amount of deemed income above shall be treated as unearned income when determining income eligibility for the FANF case;

 

(6)  The amount of income that is deemed available to the FANF case shall remain constant until the next redetermination, unless a change is reported or discovered by the department; and

 

(7)  The parent’s income, resources, and expenses shall be verified pursuant to He-W 606.

 

          (e)  For the adult categories of assistance, the following shall apply:

 

(1)  Treatment of income and resources shall be pursuant to He-W 654;

 

(2)  The standard of need for a group size of 2 shall be compared to the available income to determine the amount of deemed income, when an adult category applicant or recipient lives with an applicant or non-applicant spouse, or a needy essential person; and

 

(3)  The standard of need for a group size of 3 shall be compared to the available income to determine the amount of deemed income when an adult category applicant or recipient lives with an applicant or non-applicant spouse and a needy essential person.

 

          (f)  When determining eligibility and benefit amount for an aid to the needy blind (ANB) financial assistance applicant or recipient under the age of 18, the available income (AI) to be deemed from the ANB applicant’s or recipient’s parent or parents, as defined by He-W 601.06(b), to the ANB child shall be determined as follows:

 

(1)  Deduct from the parent or parents’ combined countable unearned income, as defined in He-W 601.08(k):

 

a.  An allocation for each ineligible child in the house, pursuant to 20 CFR 416.1165(b); and

 

b.  A general income exclusion, pursuant to 20 CFR 416.1165(d)(1);

 

(2)  Deduct from the parent or parents’ combined earned income, as defined in He-W 601.03(k):

 

a.  Verified expenses as described in He-W 606.74 and He-W 654.21; and

 

b.  The earned income disregards described in 20 CFR 416.1165(d)(2); and

 

(3)  Add together the remaining unearned income from (1) above and the remaining earned income from (2) above and deduct a parental living allowance for each parent residing with the ANB applicant or recipient child, pursuant to 20 CFR 416.1165(d)(3).

 

          (g)  The AI, as determined by (f)(3) above, shall be deemed from the parent or parents to the ANB applicant or recipient under the age of 18 as unearned income pursuant to 20 CFR 416.1165(e)(1)–(2).

 

          (h)  To be eligible for the allocation described in (f)(1)a. above, the ineligible child shall be:

 

(1)  Under the age of 18, or under the age of 20 if a full-time student in a secondary school or the equivalent level of vocational or technical training;

 

(2)  Unmarried and not applying for or receiving ANB financial assistance; and

 

(3)  Residing in the home of the ANB financial assistance applicant or recipient who is under the age of 18.

 

          (i)  When determining eligibility for an ANB financial assistance applicant or recipient under the age of 18, the available resources (AR) to be deemed from the parent or parents, as defined in He-W 601.06(b), to the ANB child shall be the parent or parents’ countable resources that exceed the resource limits described in 20 CFR 416.1205(c).

 

          (j)  For an ANB financial assistance applicant or recipient under the age of 18 to be considered eligible for ANB financial assistance, the sum of the following shall not exceed the ANB financial assistance resource limit described in He-W 656.06(c):

 

(1)  The AR from (i) above; and

 

(2)  The ANB child’s countable resources, as defined by He-W 601.02(v).

 

          (k)  The AI and AR deemed available to the ANB financial assistance case pursuant to (g) and (i) above shall remain constant until the next redetermination, unless a change is reported or discovered by the department.

 

          (l)  The parent or parents’ income and resources shall be verified pursuant to He-W 606, unless otherwise designated.

 

          (m)  A verbal declaration shall suffice as proof of the parent or parents’ name, date of birth, and marital status.

 

          (n)  The parent or parents of the ANB applicant or recipient shall provide all of the following verifications to receive the deduction described in (f)(1)a. above:

 

(1)  A copy of the birth certificate for each sibling for which a deduction is requested;

 

(2)  A signed statement from the parent or parents living in the home certifying, under penalty of perjury, that the sibling or siblings are unmarried and live in the home with the ANB applicant or recipient under the age of 18; and

 

(3)  For siblings 18 and older but under the age of 20, proof of full-time student enrollment in a secondary school or the equivalent level of vocational or technical training, including but not limited to a current student identification card, a school report card, or a letter of enrollment from the school on school letterhead.

 

          (o)  Failure or refusal to fulfill the criteria described in (l)-(m) above shall result in the denial or termination of ANB financial assistance for the ANB applicant or recipient under the age of 18.

 

          (p)  Failure or refusal to fulfill the criteria described in (n) above shall result in no deduction being allowed for each sibling for which the criteria was not fulfilled.

 

          (q)  Parental deeming to an ANB applicant or recipient child shall end as of the month following the month in which the child turns 18, pursuant to 20 CFR 416.1165(g)(7).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6446, eff 2-1-97; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6952, eff 3-1-99; amd by #8063, eff 3-20-04; amd by #8452, eff 10-22-05; ss by #10108, eff 4-4-12

 

          He-W 652.04 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 652.05  Conversion to Monthly Amounts.

 

          (a)  Income received weekly, once every 2 weeks, or semi-monthly, shall be converted to a monthly amount by multiplying by the following factors:

 

(1)  4.33, for weekly amounts;

 

(2)  2.17, for income received once every 2 weeks; and

 

(3)  2, for semi-monthly amounts.

 

          (b)  The result shall be carried out to 2 decimal places and not be rounded up or down.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by 10741, eff 11-26-13

 

          He-W 652.06  Fluctuating Income.

 

          (a)  "Best estimate" means an expectation of income to be received by an individual determined by evaluating past, present, and anticipated significant and non-significant income changes.

 

          (b)  "Fluctuating income" means:

 

(1)  Earned income that varies from month to month such as when an individual works varying hours, overtime, or on a piece work basis; or

 

(2)  Unearned income that varies from month to month due to changes in frequency or amount.

 

          (c)  "Non-significant changes" means any temporary or short-term variations in the amount of earned or unearned income caused by a situation which is not ongoing.

 

          (d)  "Significant changes" means changes in sources or amounts of earned or unearned income which are:

 

(1)  Expected to continue into the future; or

 

(2)  Short-term because is it caused by a situation which is not ongoing.

 

          (e)  The department of health and human services (DHHS) shall convert fluctuating income to a monthly amount pursuant to He-W 652.05 by averaging income for the most recent consecutive 4 weeks when such income represents a best estimate of future income pursuant to (a) above as verified by pay stubs or a statement from the employer.

 

          (f)  Income received during weeks with non-significant income changes pursuant to (c) above shall not be used to determine the average monthly amount.

 

          (g)  When the average monthly amount determined in (e) above does not represent a best estimate of future income pursuant to (a) above, the average monthly amount shall be determined as follows:

 

(1)  Only data for weeks that accurately represent past earnings, up to a maximum of 8 weeks’ data, shall be included;

 

(2)  The average weekly income shall be determined using the data from the weeks identified in (g)(1) above; and

 

(3)  The appropriate multiplier under He-W 652.05 shall be used to convert average weekly income to a monthly amount.

 

          (h)  When income has been received for less than 4 consecutive weeks, the best estimate of future income pursuant to (a) above, shall be determined by computing a monthly average based on the actual number of weeks the income was received.

 

          (i)  The following shall apply to self-employment income:

 

(1)  If self-employment income is the only income received from employment in a 12-month period, it will be averaged over a 12-month period;

 

(2)  If self-employment income is the only income received from employment in a period of fewer than 12 months, it will be averaged over the number of months it was received; and

 

(3)  If self-employment income is not the only income received from employment, it will be treated as income in the months received and will not be averaged.

 

          (j)  The estimated average monthly gross earned income as defined in He-W 601.04(m), shall be used until the next redetermination of eligibility.

 

          (k)  The estimated average monthly gross earned self-employment income as defined in He-W 601.04(n), shall be used for one year.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6826, eff 8-3-98; amd by #7722, eff 7-1-02; amd by #8684, eff
7-21-06; ss by #9738, eff 7-1-10; ss by #12616, eff 8-30-18

 

          He-W 652.07  Developing Potential Sources of Income.

 

          (a)  “Finding of clinical ineligibility” means any denial or termination of federal cash benefits:

 

(1)  Due to not meeting the medical disability criteria; and

 

(2)  In response to an application, reapplication, or appeal filed for federal cash benefits.

 

          (b)  To be eligible for FANF or adult category financial assistance an individual shall have applied for all potential sources of income or benefits including, but not limited to:

 

(1)  Benefits described under Title XVI of the Social Security Act;

 

(2)  Benefits described under Title II of the Social Security Act;

 

(3)  Veteran's benefits, including the veteran's affairs aid and attendance allowance;

 

(4)  Retirement benefits or pensions;

 

(5)  Disability benefits or pensions;

 

(6)  Unemployment or worker's compensation;

 

(7)  Contributions from any liable third-party; and

 

(8)  Third-party medical coverage.

 

          (c)  The application for other benefits described in (b) above, shall be made:

 

(1)  Prior to the department initiating a determination of eligibility for the adult category financial assistance program; or

 

(2)  If applying for FANF, no later than 30 days after the referral for those benefits were made.

 

          (d)  If the individual is incapable of applying for the aid and attendance allowance pursuant to (b)(3) above, does not have an authorized representative to apply on the individual's behalf, and the nursing facility will not apply on the individual's behalf, the eligibility worker shall initiate the application for the aid and attendance allowance on the individual's behalf.

 

          (e)  When applying for the benefits described in (b) above, applicants and recipients of FANF or adult category financial assistance shall:

 

(1)  Provide all required information and verification and complete all forms as required in the application process for the other benefit;

 

 (2)  Cooperate in taking all necessary steps to obtain the other income or benefit;

 

(3)  Accept the other income or benefit if eligible; and

 

(4)  Pursue all appeal options within the timeframes set by the eligibility-determining agencies or individuals responsible for the other benefits described in (b) above, up to, but not including, court action, if found ineligible for the benefit due to medical reasons.

 

          (f)  Financial assistance for the entire assistance group shall be terminated or denied if an individual is ineligible for the other benefits described in (b) above, due to refusal or failure to:

 

(1)  Complete the application process for the other benefit;

 

(2)  Provide information or verification to obtain the benefits described in (b) above;

 

(3)  Cooperate with the eligibility-determining agencies or individuals responsible for the other benefits described in (b) above;

 

(4)  Meet the application timeframes described in (c) above or set by the eligibility-determining agencies or individuals responsible for the other benefits described in (b) above;

 

(5)  Pursue all appeal options in accordance with (f)(2) above; or

 

(6)  Accept the benefit if eligible.

 

          (g)  To be eligible for APTD financial assistance and pursuant to RSA 167:6,VI, APTD financial assistance applicants and recipients who have received a finding of clinical ineligibility shall provide the department with the following:

 

(1)  Written notification from the federal agency which indicates the date and reason the individual was denied federal cash benefits within:

 

a.  Thirty calendar days from the date of application for adult category financial assistance for any finding of clinical ineligibility received prior to the APTD financial assistance application, provided the finding of clinical ineligibility was made not more than 12 months prior to the date of application; and

 

b.  Ten calendar days from the date on the notice of any finding of clinical ineligibility after the date of APTD financial application; and

 

(2)  Written notification from the federal agency that denied the benefits which verifies that the APTD applicant or recipient is appealing the denial or has reapplied for federal benefits within 30 calendar days of having received a finding of clinical ineligibility for federal benefits.

 

          (h)  To be eligible for APTD financial assistance once APTD financial assistance has been terminated or denied due to a finding of clinical ineligibility, the individual shall:

 

(1)  File a new application;

 

(2)  Meet all APTD program eligibility requirements; and

 

(3)  Meet all the requirements in (i) below.

 

          (i)  If APTD financial benefits were terminated or denied:

 

(1)  Due to being denied federal cash benefits due to a finding of clinical ineligibility, the individual shall provide proof that the individual is now approved for federal cash benefits; or

 

(2)  Due to failure to provide notification of clinical ineligibility decision or appeal of clinical ineligibility decision pursuant to (g) above, the individual shall:

 

a.  Provide all the required proof; and

 

b.  Demonstrate via the proof provided that the federal financial cash benefits denials and subsequent appeals of the denials, were not due to a finding of clinical ineligibility.

 

          (j)  If an individual is eligible for APTD financial assistance pursuant to (h) above, APTD financial assistance shall begin the next semi-monthly payment period following the date all the requirements in (i) are met.

 

          (k)  To be eligible for continued receipt of APTD financial assistance pending the decision on the administrative appeal after an individual’s APTD financial assistance is terminated due to a finding of clinical ineligibility the individual shall:

 

(1)  Appeal the decision within 10 days from the date on the notice of decision; and

 

(2)  Provide documentation:

 

a.  Dated and signed by a physician, physician’s assistant (PA), advanced practice registered nurse (APRN), or psychologist which includes:

 

1.  The printed name of the health professional signing the documentation;

 

2.  The specialty of the health professional; and

 

3.  The address and phone number of the health professional; and

 

b.  That states the individual’s medical condition and that the medical condition:

 

1.  Has increased in severity within the last 12 months; or

 

2.  That was used when applying for or appealing the federal benefits is unrelated to the medical condition for which the individual applied for APTD financial assistance.

 

          (l)  Applicants denied cash assistance due to a finding of clinical ineligibility that have not started receiving cash benefits are not eligible for continued receipt of benefits pending appeal pursuant to (k) above.

 

          (m)  If the department’s termination of APTD financial assistance is overturned at the appeals hearing due to the circumstances described in (k) above, the individual shall provide the department with written notification from the federal agency that the individual has:

 

(1)  Appealed the federal denial received if the individual appealed the department’s decision based on (k)(2)b.1. above; or

 

(2)  Reapplied for federal benefits for the same medical condition for which the individual applied for APTD financial assistance if the individual appealed the department’s decision based on (k)(2)b.2. above.

 

          (n)  The amount of all APTD financial assistance provided to the individual during the pendency of the appeal is subject to recoupment, in accordance with He-W 692, if the administrative appeal does not find in favor of the individual.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #5749, INTERIM, eff 12-1-93, EXPIRED: 3-31-94; amd by #5806, eff 3-30-94; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #7913, eff 6-26-03; ss by #9893, eff 6-26-11; amd by #10374, eff 7-12-13 paras. (a)-(i) EXPIRED: 6-26-19; ss by #12829, INTERIM, eff 7-20-19, EXPIRED: 1-16-20

 

New.  #13121, eff 10-21-20

 

PART He-W 653 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 654  EVALUATION AND TREATMENT OF INCOME

 

          He-W 654.01  Evaluation and Treatment of Income.

 

          (a)  Except where otherwise specified or specifically prohibited, income shall be evaluated and treated in the same manner for the adult categories of financial assistance and all categories of medical assistance as in the FANF financial and medical assistance program.

 

          (b)  For self-employed individuals, if the cost of doing business exceeds gross self-employment income, the self-employment income amount shall be zero.

 

          (c)  Costs of doing business which exceed gross self-employment income shall not be an allowable deduction, nor subtracted from any other income that the client may have.

 

          (d)  Income shall be considered to belong to the individual on whose behalf it is paid.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

PART He-W 654  EVALUATION AND TREATMENT OF INCOME

 

          He-W 654.02  Income Computation.

 

          (a)  In computing eligibility and benefits, if any subtraction results in a negative amount, the result shall be considered to be zero instead of the negative amount.

 

          (b)  Except where otherwise specified or specifically prohibited, eligibility and the level of benefits for FANF financial assistance shall be determined for the assistance group (AG), rather than an individual basis, as follows:

 

(1)  The amount of each AG member's countable gross earned income shall be determined;

 

(2)  For each individual, the earned income disregard (EID), as specified in He-W 654.13, shall be computed and subtracted from gross earned income;

 

(3)  From the remaining amount in (2) above, the child/dependent care disregard, as specified in He-W 654.14, shall be subtracted, to obtain the individual’s net earned income;

 

(4)  Each individual’s net earned income amount shall be added together to obtain the AG’s net earned income amount;

 

(5)  The countable gross unearned income of all AG members shall be added to the AG’s net earned income described in (4) above;

 

(6)  From the total amount in (5) above, allowable deductions as specified in He-W 654.20 and He-W 654.21 shall be subtracted;

 

(7)  The result of the computation in (6) above shall be the AG’s net income;

 

(8)  The AG’s net income shall be compared to the AG’s payment standard in He-W 658.02; and

 

(9)  The difference between the AG’s payment standard and the AG’s net income shall equal the AG’s monthly benefit amount.

 

          (c)  For an individual not living in a nursing facility who is applying for or receiving adult category financial assistance, and, if applicable, his or her applicant spouse, as defined in He-W 601.01(o), net income, as defined in He-W 601.05(v), shall be computed as follows:

 

(1)  The amount of the individual’s and the individual’s applicant spouse’s countable gross earned income, as defined in He-W 601.04(m)-(n), shall be determined;

 

(2)  For each individual, the earned income disregard (EID) for the adult category under which each individual is applying or receiving assistance, as specified in He-W 654.15, shall be computed and subtracted from each individual’s countable gross earned income to obtain each individual’s net earned income, as defined in He-W 601.05(u);

 

(3)  Each individual’s net earned income amount shall be added together to obtain the AG’s net earned income amount;

 

(4)  The countable gross unearned income, as defined in He-W 601.08(k), of each individual shall be added to the AG’s net earned income, described in (3) above;

 

(5)  From the total in (4) above, the adult standard disregard, as specified in He-W 654.16, and allowable deductions, as specified in He-W 654.20 and He-W 654.21, shall be subtracted; and

 

(6)  The result shall be the AG’s net income.

 

          (d)  For an individual not living in a nursing facility who is applying for or receiving APTD or OAA financial assistance, and who lives with his or her nonapplicant spouse, as defined in He-W 601.05(x), net income, as defined in He-W 601.05(v) shall be computed as follows:

 

(1)  The coun gross earned incomes of the applicant and nonapplicant spouse shall be combined;

 

(2)  The EID, as specified in He-W 654.15(h), shall be subtracted from the combined gross earned income determined in (1) above to obtain the AG’s net earned income;

 

(3)  The countable gross unearned income, as defined in He-W 601.08(k), of all AG members shall be added to the AG’s net earned income amount determined in (2) above;

 

(4)  From the total in (3) above, the adult standard disregard, as specified in He-W 654.16, and allowable deductions, as specified in He-W 654.20 and He-W 654.21, shall be subtracted; and

 

(5)  The result shall be the AG’s net income.

 

          (e)  For an individual not living in a nursing facility who is applying for or receiving ANB financial assistance who lives with his or her nonapplicant spouse as defined in He-W 601.05(x), net income, as defined in He-W 601.05(v), shall be computed as follows:

 

(1)  The countable gross earned incomes of the applicant and nonapplicant spouse shall be combined;

 

(2)  The EID, as specified in He-W 654.15(c), including additional employment-related amounts as described in He-W 654.15(d), if applicable, shall be subtracted from the combined gross earned income determined in (1) above, to obtain the AG’s net earned income;

 

(3)  The countable gross unearned income, as defined in He-W 601.08(k), of all AG members shall be added to the AG’s net earned income amount determined in (2) above;

 

(4)  From the total in (3) above, the adult standard disregard, as specified in He-W 654.16, and allowable deductions, as specified in He-W 654.20 and He-W 654.21, shall be subtracted; and

 

(5)  The result shall be the AG’s net income.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5750, eff 12-1-93; amd by #6446, eff 2-1-97; ss by #7135, eff 11-23-99; ss by #7342, eff 10-1-00; ss by #9276, eff 10-1-08; ss by #12015, eff 10-25-16

 

          He-W 654.03  Lump Sum Income - FANF Financial Assistance.

 

          (a)  For FANF financial assistance, lump sum income shall include, but not be limited to, non-recurring countable earned or unearned lump sum payments such as the following:

 

(1)  Retroactive earned income;

 

(2)  Retroactive lump sum social security benefits;

 

(3)  Retroactive lump sum railroad retirement benefits;

 

(4)  Unemployment compensation lump sum payments;

 

(5)  Insurance settlements;

 

(6)  Lump sum retirement benefits; and

 

(7)  Windfalls such as inheritances, lotteries and other prizes.

 

          (b)  Lump sum income shall not include retroactive SSI payments or refunds of the client's own money, such as a returned security or utility deposit.

 

          (c)  A lump sum earned income amount shall be reduced by whatever portion of the employment expense disregard, as specified in He-W 654.13, the individual has not already received, if any.

 

          (d)  Lump sum income amounts received in the month of application shall be reduced in the manner described below:

 

(1)  If assistance begins on the first day of the month of application, no additional reduction of the lump sum amount shall be allowed;

 

(2)  If assistance begins on the 16th day of the month of application, the lump sum amount shall be reduced by an amount equal to one-half of the FANF standard of need for the assistance group size; and

 

(3)  If assistance begins on the first day of the month after the month of application, the lump sum amount shall be reduced by an amount equal to the full FANF standard of need for the assistance group size.

 

          (e)  When determining the period a case will be ineligible due to receipt of lump sum income:

 

(1)  One month shall be equal to 2 payroll periods; and

 

(2)  The period of ineligibility begins the month following the month of receipt of the lump sum.

 

          (f) The period of ineligibility shall be recalculated at the client’s request under the following circumstances:

 

(1)  There are changes in the FANF standard of need;

 

(2)  Shelter costs have increased;

 

(3)  The lump sum is or was spent on life-threatening circumstances described in (g) below, under the following conditions:

 

a.  The client has no other income or resources available; and

 

b. The lump sum is or was being used to meet essential needs prior to being used for the life-threatening circumstances; or

 

(4) An assistance group member incurred, paid, and verified approved medical expenses described in (i) below.

 

          (g)  Life-threatening circumstances shall be circumstances which cannot be reasonably predicted and result in loss or unavailability of the lump sum.

 

          (h)  Life-threatening circumstances referred to in (g) above shall include, but not be limited to, the following:

 

(1)  Natural disasters such as floods, fires, earthquakes and hurricanes;

 

(2)  Man-made occurrences which cause harm to the assistance group, such as theft of clothing, food, or money, arson, eviction and loss of an owned residence;

 

(3)  Medical emergencies or serious illness of a member(s) of the assistance group or of persons for whom a member of the assistance group, under state law, is liable to support;

 

(4)  Use of the lump sum or a portion of it to obtain or prevent discontinuance of utilities or heat; and

 

(5)  Use of the lump sum or a portion of it to prevent a situation, as defined by state law, that would imperil the physical or mental well-being of a child or children.

 

          (i)  Approved medical expenses shall include, but not be limited to:

 

(1)  Any expenses that medicaid would pay for if the assistance group were eligible for medicaid, regardless of service limits;

 

(2)  Health care insurance premiums;

 

(3)  Prescription drugs; and

 

(4)  Medical services, supplies or equipment that are not covered by medicaid but which are prescribed by a licensed physician.

 

          (j)  An increase in the assistance group size shall not be considered an increase in the FANF standard of need.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6446, eff 2-1-97; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 654.04  Treatment of Specific Types of Income.

 

          (a)  The following types of income shall be excluded for purposes of eligibility:

 

(1)  Adoption subsidy payments;

 

(2)  Pension or insurance benefits specifically designated for use as payment for hospitalization or medical services;

 

(3)  Assistance in the form of vendor payments directly to a provider;

 

(4)  Assistance that must be reimbursed, such as a loan from an individual or from a financial institution, for personal or business reasons;

 

(5)  The earned income of FANF children who are students; or

 

(6)  Foster care income payments made to an individual by a public or private agency for taking care of a foster child or children;

 

(7)  For FANF only, combat pay that a household receives from a military member who is currently absent from the household due to their deployment to or service in an area designated as a combat zone.

 

          (b)  The following types of income shall be treated as specified below:

 

(1)  A child support payment paid on behalf of more than one child shall be prorated to obtain an amount for each child;

 

(2)  A yearly wage amount which, by contract, is paid during a specific work period of less than 12 months, such as income received by a teacher, shall be treated as available to the client for the whole year covered by the contract and the yearly wage amount divided by 12;

 

(3)  Child care income, the payment an individual receives for taking care of children in his or her own home, shall be treated as self-employment income;

 

(4)  Direct relief, which is assistance from other agencies and organizations, shall be counted in determining eligibility and the amount of assistance;

 

(5)  Dividends which are automatically reinvested to purchase additional stock, and interest which is automatically added to a cash account, shall be treated as a part of the resource to which they were added, rather than counted as income;

 

(6)  The countable earnings of children in a foster care placement who are students shall be considered available for 6 calendar months per year for medical assistance;

 

(7)  Lump sum earned income, which is payment for work performed over a period of more than one month, shall be subject to the employment-related disregards and calculated in the following manner:

 

a.  The lump sum shall be divided by the number of months during which work was performed to arrive at a monthly amount;

 

b.  If the lump sum earned income is income from self-employment, the monthly cost of doing business shall be subtracted from the monthly income amount; and

 

c.  The monthly income amount shall be counted as income for a period equal to the number of months that work was performed following the payment of the lump sum;

 

(8)  Rental income, which is payment to an assistance group member by someone in a rental housing situation shall be treated as described below:

 

a.  Rental income shall be reduced by the cost of doing business as described in b. below, and the remainder shall be considered net rental income;

 

b.  The cost of doing business shall be the higher of the following monthly figures:

 

1.  $50 per tenant; or

 

2.  The actual documented expense of providing shelter to the tenants, excluding the following expenses which shall not be business expenses:

 

(i)  Depreciation;

 

(ii)  Personal business and entertainment;

 

(iii)  Personal transportation;

 

(iv)  Payments on the principal(s) of business loans;

 

(v)  Purchase price(s) of capital assets;

 

(vi)  Payments on the principal(s) of the purchase price(s) of capital assets; and

 

(vii)  Personal taxes, such as income taxes;

 

c.  If rental income is the result of services performed by an assistance group member, the net rental income shall be treated as earned income;

 

d. If rental properties are managed by a rental agency or by someone other than the assistance group member who receives the income, the net rental income shall be treated as unearned income; and

 

e.  If the rental income is derived from a rooming arrangement, the net rental income shall be treated as unearned income;

 

(9)  Boarder income, which is payment by an individual who lives in and is provided meals in someone else's home, shall be treated as unearned income and reduced by the cost of doing business which is the higher of:

 

a. The food stamp program maximum monthly allotment level pursuant to 7 CFR 273.10(e)(4), for a household size equivalent to the total number of boarders; or

 

b.  The actual documented expense of providing room and meals to the boarder or boarders;

 

(10)  Payments of income from a trust or similar legal device, or payments from the corpus of a trust or a similar legal device, made to, for the benefit of, or on behalf of the individual, shall be considered income to the individual; and

 

(11)  For FANF only, military pay that is not considered combat pay pursuant to (a)(7) above and is made available to a household while a military member is absent from the household shall be treated as unearned income.

 

          (c)  Pursuant to RSA 167:80,IV(h), supplemental security income (SSI) shall be counted as unearned income for FANF and the adult categories of financial assistance, when computing income pursuant to He-W 652.02 and He-W 654.02.

 

          (d)  With respect to (c) above, supplemental security income (SSI) shall be excluded for the FANF categories of financial assistance when the recipient of the SSI benefit is a dependent child, as defined in He-W 601.03(e).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6740, eff 4-25-98; amd by #6826, eff 8-3-98; amd by #8452, eff 10-22-05; amd by #8616, INTERIM, eff 4-25-06, EXPIRED: 10-22-06; amd by #8729, eff 9-26-06; ss by #10358, eff 6-12-13; para. (d) amd by #11174, EMERGENCY RULE, eff 9-1-16, EXPIRES:
2-28-17; para (d) amd by #12116, eff 2-28-17; amd by #12561, eff 6-29-18

 

          He-W 654.05  Educational Income - Adult Categories.

 

          (a)  Income from scholarships and grants, that are not otherwise excluded by federal law or regulation, shall be:

 

(1)  Counted only to the extent that the income exceeds actual verified educational expenses during the period it is intended to cover; and

 

(2)  Divided by the number of months it is intended to cover to arrive at a monthly amount.

 

          (b)  Income from student loans, regardless of the source or the use to which it is put, shall not be counted when determining eligibility or the amount of assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6672, eff 1-26-98; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 654.06  Educational Expenses - Adult Categories.

 

          (a)  Educational expenses shall be deductible from educational income, as specified below:

 

(1)  Repayment of a student loan shall not be an allowable deduction from educational income;

 

(2)  An educational expense shall be an allowable deduction from educational income if all of the following conditions are met:

 

a.  The expense is directly related to and necessary for school attendance;

 

b.  The student is responsible for the payment of the expense; and

 

c.  The expense has not been or will not be reimbursed from another source;

 

(3)  If the educational expense has been or will be partially reimbursed, the remaining amount shall be allowed as a deduction from educational income; and

 

(4)  Transportation costs to and from school shall be computed and verified in the same manner as for the employment expense disregard, specified in He-W 654.18.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6672, eff 1-26-98; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 654.07  Income-In-Kind.

 

          (a)  "Income-in-kind" means goods, commodities, or services which are provided as compensation or contribution in lieu of cash.

 

          (b)  "Earned income-in-kind" means compensation received for work performed in place of or as a supplement to wages, salary, commissions, profit or payment in cash, or otherwise received as the result of work performed, either employed by another or self-employed.

 

          (c)  "Unearned income-in-kind" means a contribution which does not represent compensation for a job performed.

 

          (d)  For all adult categories of financial and medical assistance, earned income-in-kind received on a regular basis shall be assigned a dollar value and shall be treated as countable earned income as follows:

 

(1)  The dollar value shall be determined by a statement from the employer indicating the frequency and dollar value of earned income-in-kind, or, if unable to obtain such a statement, by multiplying the number of hours worked times the appropriate hourly wage as provided by the employer;

 

(2)  If the employer is unable to provide an approximate hourly wage or the client is self-employed, the current minimum hourly wage shall be used; and

 

(3)  From the above amount, any cash payment received as a supplement for the same job shall be subtracted, resulting in gross earned income-in-kind.

 

          (e)  Unearned income-in-kind shall be treated as follows:

 

(1)  With the exception of payments made from trusts or similar legal devices, for adult category financial and medical assistance, unearned income-in-kind shall represent a component of the adult category standard of need and shall not be counted as income; and

 

(2)  For all categories of adult medical assistance, payments from trusts or similar legal devices made for the benefit of or on behalf of the individual shall be considered unearned income.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97

 

New.  #6740, eff 4-25-98; ss by #8596, eff 3-30-06; ss by #10563, eff 3-30-14

 

          He-W 654.08  Provided Shelter.  Shelter that is either provided at no charge to the assistance group or is paid by an individual, agency, organization, or governmental unit outside of the assistance group, shall not be assigned a dollar value nor counted as income.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 654.09  Treatment of Assigned Support.

 

          (a)  Child and spousal support shall be considered the unearned income of the individual on whose behalf it is paid.

 

          (b)  Child and spousal support shall be treated as follows in determining eligibility for the remainder of the assistance group:

 

(1)  Support paid on behalf of an individual who is ineligible for FANF financial assistance shall not be counted; and

 

(2)  Unless otherwise stipulated by court order or administrative order, child support payments paid on behalf of more than one child:

 

a.  Shall be prorated by the number of children on whose behalf it is paid; and

 

b.  The prorated amount shall be considered the unearned income of each child.

 

          (c)  If an individual in a FANF financial assistance case for whom support is assigned receives a direct support payment from the responsible parent, and the client does not remit the direct support amount to the department, the full amount of the support payment shall be treated as unearned income in determining eligibility and the level of benefits.

 

          (d)  If an individual in a FANF financial assistance case for whom support is assigned and the client remits to the department, the full amount of the support payment shall be treated as unearned income in determining eligibility only.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6446, eff 2-1-97; amd by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; amd by #6614, eff 10-24-97; amd by #8271, eff 2-1-05; amd by #8452, eff 10-22-05; ss by #10275, eff 2-21-13

 

          He-W 654.10  Deemed Income from a Non-citizen’s Sponsor.

 

          (a)  Real property resources, vehicles, and non-essential household items of a non-citizen’s, formerly referred to as an alien's, sponsor and sponsor's spouse shall not be deemed available to a sponsored non-citizen.

 

          (b)  When there are unsponsored members in a non-citizen’s assistance group, the deemed income from the sponsor shall be compared to a standard of need that applies only to the sponsored non-citizens.

 

          (c)  The standard of need applicable to the sponsored non-citizens shall be computed in accordance with He-W 658.01, as follows:

 

(1) The sponsored non-citizens’ prorated share of the shelter needs allowance shall be determined;

 

(2)  The basic maintenance needs allowance applicable to the number of sponsored non-citizens in the assistance group shall be determined; and

 

(3)  The sum of the amounts in (1) and (2) above shall equal the standard of need for the sponsored non-citizens.

 

          (d)  If the deemed income added to the sponsored non-citizens’ other income exceeds the special standard of need, the sponsored non-citizens shall be ineligible.

 

          (e)  If the sponsored non-citizens are determined ineligible, the proration process in (c) above shall be used to determine the standard of need and eligibility for the unsponsored non-citizens.

 

          (f)  If the sponsored non-citizens are determined eligible, eligibility for the entire assistance group shall be computed using the standard of need appropriate for the whole group and all income including the deemed income from the sponsor.

 

          (g)  In accordance with 45 CFR 233.52, good cause for not providing sponsor information to the department shall exist when the sponsor provided accurate information to the non-citizen and the non-citizen misinterpreted or misrepresented the information when applying for financial and/or medical assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5530, eff 12-16-92; ss by #6865, eff 10-3-98; ss by #8684, eff 7-21-06; ss by #10743, eff 12-12-14

 

          He-W 654.11  Federally Mandated Excluded Income.  Except where otherwise specified, income that is considered excluded for FANF shall also be excluded for the adult categories of financial assistance and all categories of medical assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 654.12  Other Excluded Income.

 

          (a)  Loans for personal or business reasons shall be excluded income and disregarded when determining eligibility and the amount of assistance for all categories of financial and medical assistance.

 

          (b)  All earned and unearned income received by a dependent child from the summer youth employment and training program established in accordance with 20 CFR 628.700 shall be disregarded for FANF financial and medical assistance.

 

          (c)  For individuals receiving home and community based care services, the aid and attendance allowance shall be applied to the cost of care.

 

          (d)  The value of a FANF assistance group's share of a governmental housing subsidy shall be excluded income.

 

          (e)  Income set aside under an SSA-approved PASS shall be excluded for the duration of the plan.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5248, eff 10-16-98; ss by #6614, eff 10-24-97; amd by #8452, eff 10-22-05; paragraphs (c) and (f) in #6614 EXPIRED: 10-24-05; ss by #10471, eff 11-26-13

 

He-W 654.13  Earned Income Disregard (EID) and Employment Expense Disregard (EED) for Financial Assistance to Needy Families (FANF).

 

(a)  An earned income disregard (EID), as defined in He-W 601.03(l), shall be subtracted from gross earned income for each applicant or recipient whose needs and income are considered when determining eligibility for FANF financial assistance.

 

(b)  For applicants who have not received FANF financial assistance in any one of the previous 6 months, the EID shall be 20% of the individual’s monthly gross earned income.

 

(c)  The 20% earned income disregard shall be:

 

(1)  Used to determine eligibility for applicants of FANF financial assistance in (b) above; and

 

(2)  The first subtraction from the monthly gross earned income.

 

(d)  If a financial assistance applicant is determined eligible after applying the 20% EID as described in (c) above, then the benefit amount shall be determined using a 50% EID as described in (e) below.

 

(e)  The 50% EID shall be used to determine:

 

(1)  The eligibility and the benefit amount for current FANF financial assistance recipients;

 

(2)  The eligibility and the benefit amount for applicants who have received FANF financial assistance in any one of the previous 6 months; and

 

(3)  The benefit amount for applicants who are determined eligible as described in (d) above.

 

(f)  For FANF deeming and lump sum calculations, the employment expense disregard (EED), as defined in He-W 601.03(o), shall be 20% of the individual’s gross earned income.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6446, eff 2-1-97; ss by #7354, eff 9-1-00; ss by #9252, eff 9-1-08’ ss by #11186, eff 9-20-16

 

          He-W 654.14  Child/Dependent Care Disregard.

 

          (a)  For purposes of this rule, an individual shall be considered a part-time employee if the individual is earning less than $377.00 in gross income per month.

 

          (b)  The maximum disregard for child/dependent care costs for part-time employees shall be:

 

(1)  For each child age 2 or older or for each incapacitated parent, $87.50 per month; and

 

(2)  For each child under age 2, $100.00 per month.

 

          (c)  In order for the employed person to be eligible for the child/dependent care disregard, the child or incapacitated parent receiving the care shall:

 

(1)  Live in the employed person's home; and

 

(2)  Be receiving or applying for assistance in:

 

a.  The same FANF financial or medical assistance case;

 

b. A related FANF financial or separate medical assistance case, unless the child or incapacitated parent is in a separate medical assistance case due to failure to meet a financial assistance eligibility requirement;

 

c.  An APTD or ANB financial or medical assistance case; or

 

d. An OAA financial or medical assistance case, only if the OAA parent/spouse is determined by the Disability Determination Unit (DDU) to meet the APTD or ANB incapacity criteria specified in He-W 500.

 

          (d)  Because the cost for a child or incapacitated parent cannot be prorated when there is more than one employed person in an assistance group, all child/dependent care costs claimed by each employed person shall be for different individuals in the assistance group.

 

          (e)  Good cause for terminating employment, failure to accept a job, and reduced earnings, as it relates to suspension of the employment-related disregards, shall be determined to exist if non-compliance was precipitated by circumstances beyond the client's control, including but not limited to:

 

(1)  Illness of the parent;

 

(2)  Illness of another family member requiring the presence of the parent;

 

(3)  Family emergency;

 

(4)  Breakdown of transportation; or

 

(5)  Unanticipated emergencies.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6446, eff 2-1-97; amd by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; amd by #6614, eff 10-24-97; amd by #8271, eff 2-1-05; amd by #8452, eff 10-22-05; ss by #10275, eff 2-21-13

 

          He-W 654.15  Adult Category Earned Income Disregard.

 

          (a)  The earned income disregard shall be the first subtraction from earned income when computing net income for the adult categories of assistance.

 

          (b)  For APTD or OAA medical assistance applicants and recipients and for their applicant spouses who are also applying for APTD or OAA medical assistance, the earned income disregard for each individual shall consist of the amounts specified in 20 CFR 416.1112 for SSI recipients.

 

          (c)  For ANB applicants and recipients and for their applicant spouses who are also applying for ANB, the earned income disregard for each individual shall be the first $85.00 of each individual's monthly gross earned income plus one half of the remaining amount.

 

          (d)  ANB applicants and recipients shall have additional employment-related amounts added to the earned income disregard if:

 

(1)  There is an individualized plan for employment for a specified period of time which has been approved by the N.H. department of education and meets the requirements cited in 29 USC 720 et. seq.; and

 

(2)  The plan described in (1) above requires the use of additional disregards.

 

          (e)  For ANB applicants and recipients with applicant spouses who are applying for APTD or OAA, the computation method for determining the amount of the earned income disregard for the spouse shall be the method to determine the APTD or OAA earned income disregard in (b) above for medical assistance and (h) below for financial assistance.

 

          (f)  For APTD or OAA applicants and recipients with applicant spouses who are applying for ANB, the computation method for determining the amount of the earned income disregard for the spouse shall be the method to determine the ANB earned income disregard in (c) and (d) above.

 

          (g)  For an adult category assistance group which includes a nonapplicant spouse, as defined in He-W 601.1101, or a needy essential person as defined in He-W 601.106, the computation method for determining the amount of the earned income disregard to be applied to the medical assistance case shall be the method specified in 20 CFR 416.1112(c) for SSI recipients.

 

          (h)  For APTD or OAA financial assistance applicants and recipients and their spouses or a needy essential person, as defined in He-W 601.106, the earned income disregard for each individual shall be:

 

(1)  The first $20.00 of each individual's monthly gross earned income;

 

(2)  Plus one half of the remaining amount up to $30, for a sum total of (h)(1) and (h)(2) not to exceed $50; and

 

(3)  Less an employment expense disregard pursuant to He-W 654.18(b)-(c).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5750, eff 12-1-93; ss by #7135, eff 11-23-99; ss by #7342, eff 10-1-00; ss by #9276, eff 10-1-08; ss by #10253, eff 1-19-13

 

          He-W 654.16  Adult Standard Disregard.

 

          (a)  For adult category financial assistance applicants or recipients a standard disregard shall be subtracted from income as described in He-W 654.02(c)(5).

 

          (b)  The amount of the disregard shall depend on the number of individuals whose needs are considered when determining eligibility, as follows:

 

(1)  The standard disregard for one individual shall be $13.00;

 

(2)  The standard disregard shall be $20.00 for an individual and applicant or nonapplicant spouse, or an individual and a needy essential person; and

 

(3)  The standard disregard shall be $25.00 for an individual and applicant or nonapplicant spouse and a needy essential person.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #7342, eff 10-1-00; ss by #9276, eff 10-1-08; ss by #11042, eff
2-24-16

 

          He-W 654.17  Post-Eligibility Computation of Cost of Care for Nursing Facility Care. – (Moved to He-W 854.17)

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #7118, eff 10-16-99; ss by #7342, eff 10-1-00; amd by #8408, eff
9-1-05; amd by #8451, eff 11-1-05; ss by #9276, eff 10-1-08; amd by #9789, eff 10-1-10

 

          He-W 654.18  Adult Employment Expense Disregard.

 

          (a)  An employment expense disregard (EED) which is reasonably attributable to the earning of income shall be subtracted from the earned income of an applicant or recipient of OAA or APTD financial assistance when determining eligibility and benefit amount.

 

          (b)  The amount of the employment expense disregard shall be a minimum flat rate of $18 per month, or actual verified expenses if higher than $18 per month.

 

          (c)  The following expenses, if actually incurred and verified, shall be considered reasonably attributable to the earning of income:

 

(1)  Social security taxes, at the rate set by SSA;

 

(2)  Railroad retirement taxes;

 

(3)  Federal withholding taxes, corresponding to the number of exemptions which the individual is legally entitled to claim;

 

(4)  Mandatory retirement payments;

 

(5)  Mandatory union dues;

 

(6)  Other mandatory deductions from wages provided that the individual can document that the payroll deduction is not elective;

 

(7)  Costs for transportation to and from work or to and from child care when child care is necessary for employment, subject to the following conditions:

 

a. To qualify as an allowable employment expense, transportation shall be the least expensive reasonable means available to the individual;

 

b. The amount of allowable transportation costs shall be computed by multiplying the average number of days per month an individual is employed, without deducting temporary absences of short duration, by the transportation cost for one day;

 

c.  If the individual has been or will be reimbursed for transportation costs in any manner, the amount of the reimbursement shall be subtracted from the amount that would otherwise be allowed;

 

d.  For travel incurred by an individual using his or her own vehicle, the allowable transportation cost shall be $0.21 per mile multiplied by the number of miles anticipated to be traveled in a month;

 

e.  For travel provided in another person's privately owned vehicle, the allowable transportation cost shall be as charged up to the amount that would be allowed if the individual used his or her own vehicle; and

 

f.  For travel provided by public transportation, such as by taxi or bus, the allowable transportation cost shall be the amount charged the public for such travel;

 

(8)  Costs for uniforms and other unique clothing which are required for employment and are not worn outside the work environment, subject to the following conditions:

 

a.  Cleaning of uniforms shall not be an allowable employment expense unless the individual can document that a standard of cleanliness requires professional cleaning as a condition of employment;

 

b.  The allowable expense shall be the amount actually paid by the individual for the special clothing;

 

c.  If the amount varies monthly, an average shall be computed and applied until the next regularly scheduled redetermination; and

 

d.  If the individual has been or will be reimbursed in any manner for a claimed special clothing expense, the reimbursed amount shall be subtracted from the amount which would otherwise be allowed; and

 

(9)  Other mandatory employment related expenses claimed and verified by the individual.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5750, eff 12-1-93; ss by #7135, eff 11-23-99; ss by #7342, eff 10-1-00; ss by #9276, eff 10-1-08; ss by #12015, eff 10-25-16

 

          He-W 654.19  Child Care Costs.

 

          (a)  For all categories of financial and medical assistance, child care costs incurred as the result of employment shall be an allowable deduction only when the individual taking care of the child or children:

 

(1)  Is a licensed provider; or

 

(2)  Does not require licensing under state law.

 

          (b)  Only that part of the child care expense which is not being reimbursed from another source, such as child care development funds, shall be an allowable expense.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 654.20  Allowable Deductions.

 

          (a)  When determining eligibility and the amount of assistance for all categories of financial assistance, an allowable deduction from the income available to the assistance group shall be made, in an amount which has been or must be paid by an individual for non-employment-related types of expenses, including the following:

 

(1)  Training expenses as described in (e) below;

 

(2)  Garnishments from an individual’s earnings to repay a legal debt;

 

(3)  Allocated income, as specified in He-W 654.21; and

 

(4)  Any court-ordered payments, as described in (f) below, including but not limited to child support, alimony, and guardianship fees.

 

          (b)  The deduction described in (a) above shall be allowed for:

 

(1)  Any individual whose needs are included in the assistance group; and

 

(2)  Any individual whose income is counted even if the individual’s needs are not included in the assistance group.

 

          (c)  The amount of the deduction shall be the amount of the verified expense.

 

          (d)  Allowable deductions shall be applied as follows:

 

(1)  For FANF, and for adult category financial assistance cases in which there is a nonapplicant spouse, the allowable deductions shall be subtracted from the amount which represents the monthly combined earned income, less all applicable disregards to earned income as described in He-W 654.14 and He-W 654.15, plus all unearned income; and

 

(2)  For adult category financial assistance cases in which there is an applicant spouse, the allowable deductions shall be subtracted from the amounts which represent the individual monthly net incomes of the applicant and the applicant spouse.

 

          (e)  Training expenses shall be an allowable deduction when all the following circumstances are met:

 

(1)  The individual is enrolled in and regularly attending at least on a half-time basis, a program having an organized curriculum with the specific objective of training individuals for gainful employment;

 

(2)  The training program is sponsored by public education or the federal government, or is offered by private schools for a particular trade;

 

(3)  The individual has not received reimbursement for the training expense from any other source, or if partial reimbursement is made, the remaining expense shall be an allowable deduction;

 

(4)  The training expense is not part of an employment expense disregard, because the individual has no earned income, or the training is totally unrelated to the individual's employment; and

 

(5)  The expense occurs on at least a monthly basis.

 

          (f)  Any court-ordered payment which must be paid by an individual shall be an allowable deduction, regardless of whether the individual actually makes the payment.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #7342, eff 10-1-00; ss by #9276, eff 10-1-08; ss by #11042, eff
2-24-16

 

          He-W 654.21  Allocated Income.

 

          (a)  Income of applicants and recipients of financial or medical assistance shall be allocated to provide for the unmet needs of a dependent, as described below, upon request of the client.

 

          (b) For adult categories of financial and medical assistance other than medical assistance for institutionalized individuals who have a community spouse, an individual shall be considered a dependent, for purposes of allocating income, when the individual is:

 

(1)  Financially dependent upon the individual from whom the income shall be allocated;

 

(2)  Ineligible for any category of financial or medical assistance; and

 

(3)  Either:

 

a.  A parent;

 

b.  A spouse who is separated due to institutionalization;

 

c.  A child under the age of 18; or

 

d.  A child age 18 or older who is unable to work due to a physical or mental disability.

 

          (c)  An individual shall be considered a dependent for purposes of allocation of income for the FANF category of assistance, when the individual is:

 

(1)  Financially dependent upon the person from whom the income shall be allocated;

 

(2)  Someone whom the FANF client is claiming or could claim for personal income tax purposes; or

 

(3)  An individual whom the FANF client is legally obligated to support.

 

          (d)  Individuals who allocate income shall be:

 

(1)  Age 18 or older; and

 

(2)  The casehead, as defined in He-W 601.02(j).

 

          (e)  The amount of allocated income for a dependent who resides outside the FANF household shall be the amount the FANF client actually pays to support that dependent.

 

          (f)  The amount of allocated income for dependents residing in the FANF household and other dependents of a non-institutionalized individual shall be the difference between:

 

(1)  The FANF standard of need for a group size equal to the number of legal dependents; and

 

(2)  Any other gross income available to the dependents.

 

          (g)  When an individual in an adult category case with no spouse who lives in the community, enters or leaves a nursing facility, a portion of his or her income shall be allocated, at his or her request, for maintenance of the home in order to meet expenses incurred or to be incurred outside of the institution for that part of the month spent in the institution, as follows:

 

(1)  If the stay of an institutionalized individual is to be 3 months or less, as certified by a physician, a portion of the client's income which represents the FANF shelter allowance shall be allocated, at the client's request, to the maintenance of the home to which the client is expected to return; or

 

(2)  If the stay of an institutionalized individual is to be in excess of 3 months, the amount allowed as allocated income for maintenance of the home shall be the amount of the verified outside expenses for the first month of institutionalization and for the month the individual leaves the institution to return to the home.

 

          (h)  The department shall determine if the income of the community spouse as defined in 42 USC 1396r–5(d) is sufficient to have a maintenance needs allowance equal to the minimum percentage of the federal poverty income guidelines required under 42 USC 1396r–5.

 

          (i)  If the department determines that the income of the community spouse is insufficient to meet the minimum maintenance needs allowance in (h) above, the department shall determine an income allowance for the community spouse, pursuant to 42 USC 1396r–5(d).

 

          (j)  If either the institutionalized spouse or the community spouse is dissatisfied with the community spouse income allowance determination in (i) above, he/she shall be entitled to an administrative appeal pursuant to He-C 200 and with respect to such determination pursuant to the requirements specified in 42 USC 1396r–5(e).

 

          (k)  If either spouse verifies at the administrative appeal that the community spouse needs a higher income allowance than determined in (h) or (i) above due to exceptional circumstances resulting in significant financial duress, there shall be substituted for the minimum percentage an amount adequate to provide for such additional need.

 

          (l)  Exceptional circumstances resulting in significant financial duress shall be one or more of the following:

 

(1)  Costs of medical, remedial, or other support services, including medical insurance, necessary for community spouses to maintain themselves in the community;

 

(2)  Cost of repairs necessary to maintain the home in a livable condition;

 

(3)  Cost of repairs to appliances within the home;

 

(4)  Cost of repairs or maintenance of one vehicle, including insurance and registration;

 

(5)  Costs associated with unforeseen circumstances such as fire or flood which result in loss of housing, clothing, household goods or other necessities; and

 

(6)  Costs for items or services which have been certified in writing by a physician as being medically necessary to maintain the community spouse in the community.

 

          (m)  Acceptable documentation of the costs cited in (1) shall be a currently dated bill or written estimate from the provider which indicates the amount of the expense.

 

          (n)  When the administrative appeals unit determines that significant financial duress exists as a result of the costs described in (1) above, the community spouse's income allowance shall be adjusted as follows:

 

(1)  If the cost is a one time expense and the institutionalized individual has sufficient monthly income to allocate to the community spouse to cover the cost, the allowance shall be adjusted only in the month that the expense is approved;

 

(2)  If the cost is a one time expense and the institutionalized individual has insufficient monthly income to allocate to the community spouse to cover the cost, the cost shall be prorated and allowance shall be adjusted for the specific number of months required to accommodate the expense; and

 

(3)  If the cost is an ongoing expense, the allowance shall be adjusted for the specific number of months for which the ongoing expense exists, if known, or until a change is reported or at the next regularly scheduled redetermination in accordance with He-W 684.02, whichever occurs first.

 

          (o)  The amount of allocated income for each legal dependent of the spouse who lives in the community or the institutionalized individual shall be one third of the difference between the dependent's gross income and the maintenance allowance, pursuant to 42 USC 1396r–5(d).

 

          (p)  For purposes of allocating income, individuals applying for or receiving home and community based care services pursuant to He-W 658.06 shall not be considered to be institutionalized individuals.

 

          (q)  There shall be no allocation of income to a legal dependent who would be categorically eligible for assistance but refuses to apply or cooperate in the application process.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #7086, eff 10-1-99; amd by #8452, eff 10-22-05; ss by #9980, eff 8-20-11; ss by #12851, INTERIM, eff 8-20-19, EXPIRES: 2-17-20

 

PART He-W 655  PURCHASED SERVICES FOR EMPLOYMENT SUPPORT SERVICES

 

He-W 655.01  Definitions.

 

(a)  “Employment support services” means services, such as transportation assistance, child care, tuition assistance, and fees and supplies, which enable an NHEP participant to seek or maintain employment.

 

(b)  “Fees and supplies” means books, mandatory fees, supplies, tools of the trade, and required uniforms or specialized clothing when necessary for an NHEP participant's employment or education/training preparatory to employment.

 

(c)  “Provider” means any individual or public or private organization supplying employment support services to the NHEP participant.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5440, eff 7-24-92; ss by #5712, eff 10-4-93; amd by #5858, eff 7-1-94; amd by #6396, eff 12-16-96; amd by #6446, eff 2-1-97; ss by #7243, eff 5-1-00; ss by #9137, eff 4-22-08; ss by #11092, eff 5-7-16

 

          He-W 655.02  Availability of Funds.

 

          (a)  NHEP activities as described at He-W 637 shall only be required as budgeted funding and resources within the current state fiscal year are available for a particular employment support service.

 

          (b)  NHEP participants who are recipients of FANF financial assistance shall be the only individuals eligible for fees, supplies, and tuition assistance as described at He-W 655.05 and He-W 655.07, respectively.

 

          (c)  Authorization of employment support services pursuant to He-W 655 shall only occur after:

 

(1)  The NHEP representative and the NHEP participant have agreed upon a vocational goal;

 

(2)  The NHEP participant has participated in an assessment interview and has developed an employability plan that has been approved by the NHEP representative; and

 

(3)  The NHEP participant is enrolled in an approved activity and is:

 

a.  Complying for the hours identified on the employability plan or making a good faith effort to participate, if just beginning an approved activity;

 

b.  Demonstrating continued compliance with program and hourly requirements;

 

c.  Meeting the verification requirements at He-W 637.03(e); and

 

d.  Complying with NHEP program requirements in order to remove a sanction pursuant to He-W 637.08(c).

 

          (d)  Employment support services shall be restored retroactively to the pre-sanction level if the department applies a sanction and later grants good cause to remove the sanction for the sanctionable act.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

New.  #7243, eff 5-1-00; amd by #8268, eff 2-1-05; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 655.03  Eligibility for Child Care.  Eligibility for child care shall be determined pursuant to He-C 6910.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6009, eff 4-1-95; ss by #6009, eff 4-1-95; amd by #6361, eff 11-1-96; ss by #6446, eff 2-1-97; ss by #7243, eff 5-1-00, ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10803, eff 3-26-15

 

          He-W 655.04  Methods of Payment.

 

(a)  Employment support services shall be paid either to the eligible NHEP participant or to the service provider, depending on the kind of services received.

 

(b)  When payment is made to the NHEP participant for any employment support services, it shall be the responsibility of that participant to pay the provider of the service, and the department of health and human services (DHHS) shall incur no financial liability to the provider.

 

(c)  Pursuant to He-W 655.05, fees and supplies assistance payments shall be made by DHHS as listed below:

 

(1)  There shall be no payment of fees and supplies assistance prior to a cost for the services being incurred or a service being purchased; and

 

(2)  Fees and supplies assistance shall be paid directly to the service provider upon submission to DHHS, within 90 days of the date of purchase, of an itemized bill and receipt for the service(s).

 

(d)  Pursuant to He-W 655.06, transportation assistance payments shall be made by DHHS as listed below:

 

(1)  DHHS shall pay transportation assistance directly to providers of transportation services that are enrolled with DHHS pursuant to He-W 655.06(e)(4);

 

(2)  Before DHHS issues a mileage reimbursement payment to an NHEP participant, the following conditions shall be met:

 

a. The NHEP participant shall have requested and been determined eligible for transportation assistance services according to He-W 655.04;

 

b.  The service shall have been provided;

 

c.  The NHEP participant shall have completed a weekly service reimbursement invoice which shall include the following:

 

1.  The NHEP participant's name and address, DHHS recipient identification number, employment and training support (ETS) request number, and ETS resource number;

 

2.  The dates, destination(s), and number of miles traveled per day;

 

3.  The actual daily cost of transportation;

 

4.  The NHEP participant's dated signature; and

 

5.  If the NHEP participant is not employed, the dated signature and telephone number of one of the following individuals:

 

(i)  A school official;

 

(ii)  An NHEP representative as defined in He-W 637.01(g);

 

(iii)  An activity provider; or

 

(iv)  A training site coordinator;

 

d.  The NHEP participant shall submit the invoice to DHHS, data management unit, no later than 90 days following the last date of service on the invoice; and

 

e.  The NHEP participant shall correct and resubmit any incorrect, incomplete, or illegible invoices;

 

(3)  Payments for mileage reimbursement already provided shall be made directly to the NHEP participant listed on the service reimbursement invoice; and

 

(4)  Payments for auto repairs shall be made either to a provider or the participant as described in He-W 655.06(e)(2)b.

 

(e)  Pursuant to He-W 655.07, tuition assistance payments shall be made by DHHS as listed below:

 

(1)  DHHS shall not pay tuition assistance directly to the NHEP participant; and

 

(2)  Tuition assistance shall be paid directly to the service provider upon submission to DHHS, within 90 days of the last day of the tuition coverage period, of an itemized bill and receipt for the service(s).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5440, eff 7-24-92; ss by #5528, eff 12-14-92; ss by #5610, eff 5-3-93; ss by #5712, eff 10-4-93; amd by #5858, eff 7-1-94; amd by #5967, eff 1-27-95; amd by #6014, eff 4-1-95; amd by #6396, eff 12-16-96; amd by #6446, eff 2-1-97; amd by #6593, eff 10-1-97; amd by #6706, eff 3-3-98; amd by #6746, eff 5-19-98; ss by #7243, eff 5-1-00; ss by #9137, eff 4-22-08; ss by #11123, eff 6-22-16

 

He-W 655.05  Fees and Supplies.

 

(a)  Fees and supplies assistance shall be authorized for NHEP participants who meet the conditions of He-W 655.02(c).

 

(b)  Fees and supplies assistance that has been authorized for an NHEP participant in on-the-job training shall continue for the duration of the training contract, even if the participant becomes ineligible for financial assistance to needy families due to increased earnings.

 

(c)  Fees and supplies assistance shall be authorized only after all available NHEP participant resources have been applied against educational expenses, such as the participant's own financial resources, veterans' educational benefits, insurance, scholarships, grants, and work study income.

 

(d)  To verify participation in education or training preparatory to employment, the NHEP participant shall provide the NHEP representative with documentation pursuant to He-W 637.03(g).

 

(e)  The cost of items shall be reimbursed as follows:

 

(1)  Books shall be paid for when the expense is documented by itemized receipts by the vendor;

 

(2)  Supplies including but not limited to paper, notebooks, and writing instruments shall be paid for when the supplies are necessary to accomplish the required course objectives of the participant, and when the expense is documented by itemized receipts by the vendor;

 

(3)  Tools of the trade shall be paid for only when the tools are necessary to perform the tasks of the job or training in which the NHEP participant is engaged, as identified and approved in the employability plan, and when the expense is documented by itemized receipts by the vendor;

 

(4)  Uniforms or specialized clothing including but not limited to steel-toed shoes, hard hats, coats for laboratory assistants, and medical technician uniforms shall be authorized when required for participation in employment, training, or a course of study, and when the expense is documented by itemized receipts by the vendor; and

 

(5)  Mandatory fees shall be paid for only when associated with applying for or attending school, or participating in training or education programs, and when the expense is documented by itemized receipts by the vendor.

 

(f)  The NHEP representative shall deny fees and supplies assistance:

 

(1)  If the NHEP participant's participation in training is detrimental to the family's stability and the emotional or physical well-being of any of its members;

 

(2)  When the participant fails to provide the verification of participation; or

 

(3)  If the participant is not making satisfactory progress as defined in He-W 637.01(j).

 

(g)  Fees and supplies assistance shall be denied if the participant's vocational goal does not have a realistic chance of successful employment based on current employment security and community resources survey data on local labor market conditions.

 

(h)  Parents participating in approved NHEP activities and who are approved to receive child care assistance while participating in that activity, shall be eligible for a one-time payment, per family, per provider, per state fiscal year, for child care registration fees assessed by the provider.

 

(i)  The combined total expense for all fees and supplies assistance shall be limited to $500 per NHEP participant in any 12-month period ending June 30 of each year.

 

(j)  Provisions under this section shall be subject to the restrictions described at He-W 655.02.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5440, eff 7-24-92; ss by #5712, eff 10-4-93; amd by #6361, eff 11-1-96; amd by #6593, eff 10-1-97; amd by #6818, eff 7-25-98; ss by #7243, eff 5-1-00; paragraphs (a)-(d) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraphs (a)-(d) amd by #8869, eff 4-19-07; ss by #7243, eff 5-1-00; ss by #9137, eff 4-22-08; ss by #11092, eff 5-7-16

 

He-W 655.06  Transportation Assistance.

 

(a)  Transportation assistance shall be provided to NHEP participants for the purpose of purchasing transportation which enables them to prepare for, secure, or maintain employment, and includes:

 

(1)  Mileage reimbursement and automobile repair, pursuant to (e)(1)-(3) below; and

 

(2)  Public for hire transportation, pursuant to (e)(4) below.

 

(b)  Transportation assistance shall be authorized for NHEP participants who meet the conditions of He-W 655.02(c).

 

(c)  Transportation assistance that has been authorized for an NHEP participant in on-the-job training shall continue for the duration of the training contract, even if the participant becomes ineligible for financial assistance to needy families (FANF) due to increased earnings.

 

(d)  To verify participation in NHEP activities during the time transportation assistance was requested, the NHEP participant shall provide the NHEP representative with verification pursuant to He-W 637.03(g)-(h).

 

(e)  Payment for transportation assistance shall be made by DHHS as listed below:

 

(1)  Transportation assistance shall be allowed for round trip travel starting at the NHEP participant's home, proceeding to the location of the child care provider, and ending at the location of the participant's approved NHEP activity;

 

(2)  DHHS shall pay for the following items:

 

a.  The actual cost of travel, or an amount equal to $0.30 multiplied by the number of miles traveled, which shall not exceed 520 miles per month or $160 per month as authorized by an NHEP representative; and

 

b.  The actual cost of approved automobile repairs up to $500 per state fiscal year per NHEP participant and subject to the following:

 

1.  An automobile for which an NHEP participant is requesting automobile repairs reimbursement shall be:

 

(i) Determined by an NHEP representative as necessary for the NHEP participant to participate in an approved NHEP activity or employment, according to He-W 655.06(c); and

 

(ii)  Registered to:

 

i.  The NHEP participant;

 

ii.  To either parent in a 2-parent family, as long as the parent indicates in writing that the parent will consistently transport the NHEP participant to the participant’s NHEP activity; or

 

iii. The NHEP participant’s dependent child who resides in the same household, as long as the NHEP participant is the dependent child’s parent and the dependent child indicates in writing that the dependent child will consistently transport the NHEP participant to the participant’s NHEP activity;

 

2.  The NHEP participant requesting the automobile repair reimbursement shall:

 

(i)  Have a valid operator and/or commercial license in effect at the time the request for automobile repair reimbursement is made or, if the NHEP participant lacks a valid license, the other parent in the 2-parent family, or the dependent child who resides in the same household, has a valid license and the other parent in the 2-parent family or the dependent child indicates in writing that the other parent in the 2-parent family or the dependent child will consistently transport the NHEP participant to the participant’s NHEP activity; and

 

(ii)  Obtain one written estimate of the cost of automobile repairs from a provider who operates an automobile repair business, which contains:

 

i.  The name, address, and telephone number of the provider;

 

ii.  A description of the types of repairs in the form of an itemized list of parts, labor, and associated costs which are auto-body and/or mechanical repairs necessary to make the automobile functional;

 

iii.  A statement from the provider indicating that in the provider’s professional judgment the automobile repair is reasonable based on the roadworthiness and reliability of the car; and

 

iv.  The signature of the provider and date of the provider’s signature;

 

3.  The written estimate as described in 2.(ii) above shall be submitted to an NHEP representative for prior approval for the automobile repair reimbursement from DHHS;

 

4.  The NHEP representative shall review the written estimate for completeness and ensure that it meets the requirements of 2.(i) and (ii) above, prior to approving the repair;

 

5.  Automobile repair reimbursement shall be approved by an NHEP representative in advance of the actual service(s) to be provided, except in an emergency in which the vehicle required towing and repairs needed to make it functional;

 

6.  Repairs shall be performed by any individual of the participant’s choice or by the participant;

 

7. An NHEP participant or provider shall complete a reimbursement invoice, subsequent to approved repairs being completed, which includes the following:

 

(i)  The participant’s name, address, and recipient identification number;

 

(ii)  The provider’s name, address, and telephone number;

 

(iii)  An itemized receipt or bill indicating the total amount charged for automobile repairs, or if the repairs are performed by the participant, the unreimbursed total cost of the parts and supplies necessary to make the repairs, excluding any labor costs;

 

(iv)  The date the service was provided;

 

(v) The provider’s or participant’s social security number or federal identification number used for IRS purposes;

 

(vi)  The signature of the provider or participant who performed the repairs and signature date; and

 

(vii)  To whom payment shall be made payable by DHHS;

 

8.  A legible, complete and correct reimbursement invoice, as described in 7. above, shall be submitted to DHHS, data management unit, no later than 90 days from the date services were provided;

 

9.  DHHS shall not pay for any balance due on automobile repairs after payment is made to or on behalf of an NHEP participant;

 

(3)  Transportation assistance shall not be paid for travel expenses that are reimbursed from another source; and

 

(4)  DHHS shall pay public for hire transportation agencies under contract with the NH department of transportation, the United States department of transportation, or registered common carriers under RSA 376 directly for transportation services for NHEP participants who are participating in approved activities, under the following circumstances:

 

a.  Public for hire transportation agencies under contract with the NH department of transportation, the United States department of transportation, or registered common carriers under RSA 376 shall be approved, enrolled providers of these services with DHHS;

 

b.  The transportation services do not exceed the transportation assistance limits and adhere to the requirements identified in He-W 655.06;

 

c.  Transportation service is payable for a monthly or a multiple ride transportation ticket cost only, up to the limit in He-W 655.06(e)(2); and

 

d.  The services are authorized by DHHS or a DHHS designee.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6446, eff 2-1-97; ss by #7243, eff 5-1-00; paragraphs (a)-(e)(2)a. amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraphs (a)-(e)(2)a. amd by #8869, eff 4-19-07; ss by #9137, eff 4-22-08; ss by #11123, eff 6-22-16

 

          He-W 655.07  Tuition Assistance.

 

(a)  Tuition assistance shall be authorized for NHEP participants who meet the conditions of He-W 655.02(c).

 

(b)  NHEP participants shall be the only individuals financially eligible for tuition assistance, when:

 

(1)  The NHEP participant is engaged in approved NHEP activities; and

 

(2) The program requiring tuition assistance is identified on the NHEP participant’s employability plan.

 

(c)  Tuition assistance shall be provided to NHEP participants engaged in approved:

 

(1)  Educational programs leading to a high school diploma or equivalent, or to basic literacy;

 

(2)  Vocational educational training programs;

 

(3)  Post secondary educational programs; or

 

(4)  Course of study preparatory to employment.

 

(d)  Tuition assistance shall be provided only when there are no other sources of tuition funding available to the NHEP participant and the participant has exhausted all other tuition funding sources;

 

(e)  The training program or course of study to be pursued shall be consistent with the NHEP participant’s employability plan;

 

(f)  NHEP participants shall be eligible for tuition assistance if the vocational educational training program or course of study:

 

(1)  Prepares the NHEP participant for participation in either a certificate program, degree, or employment;

 

(2)  Leads to employment advancement, a certificate, or degree in an area of specialization; or

 

(3)  Is a single training course or course(s) of study which:

 

a.  Is vocationally specific;

 

b.  Is supported by the employment goals as indicated on the approved employability plan; and

 

c.  Improves the NHEP participant’s immediate employment prospects.

 

(g)  Tuition assistance shall be authorized only after all available NHEP participant resources have been applied against education expenses, such as the participant's own financial resources, veterans' educational benefits, insurance, scholarships, grants, and/or work study income.

 

(h)  The NHEP participant shall verify participation in education or training preparatory to employment pursuant to He-W 637.03(e).

 

(i)  Tuition assistance shall not exceed $1,575 for any NHEP participant in any 12-month period ending June 30 of each year.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6446, eff 2-1-97; ss by #7243, eff 5-1-00; ss by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07

 

New.  #8869, eff 4-19-07; ss by #10803, eff 3-26-15

 

PART He-W 656  RESOURCES

 

          He-W 656.01  Resources-Basic Principles.  Except where otherwise provided or specifically prohibited by federal law, resources shall be evaluated and treated the same for the adult categories of financial assistance as in the FANF categories of financial assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6740, eff 4-25-98; ss by #7086, eff 10-1-99; ss by #8993, eff 10-1-07; ss by #10924, eff
10-1-15

 

          He-W 656.02  Treatment of Specific Types of Resources.  Funds from an individual development account used for unqualified purposes, pursuant to 42 USC 604(h), shall be treated as:

 

          (a)  Lump sum income in accordance with He-W 654.03, for all categories of FANF financial assistance; or

 

          (b)  Lump sum payment in accordance with He-W 656.04(b)(10), for the adult categories of financial assistance.

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91, EXPIRED: 6-26-97

 

New.  #7603, eff 12-1-01; ss by #9604, eff 12-1-09; ss by #12481, eff 2-21-18

 

          He-W 656.03  Jointly Owned Resources.

 

          (a)  Personal property resources established prior to November 1, 1995, which an individual owns together with a non-assistance group member who is not receiving assistance, shall be considered to be shared equally among the owners, unless the individual verifies ownership of more or less than an equal share.  If the individual verifies ownership of more or less than an equal share through documentary evidence, only the amount of the share actually owned by the individual shall count as a reSource.

 

          (b)  Personal property resources established on or after November 1, 1995, which an individual owns together with an individual who is not an applicant or recipient, shall be considered to belong to the individual who is applying for or receiving assistance.  If there is more than one individual who is applying for or receiving assistance that jointly owns the resource, it shall be assumed that each individual owns an equal share.

 

          (c)  If an individual wishes to rebut the ownership presumption, the individual shall submit a written statement and verification of the statement to the department including the following information:

 

(1)  A corroborating statement from each other account holder;

 

(2)  If the only other account holder is incompetent or a minor, the individual shall submit a corroborating statement from a competent adult aware of the circumstances surrounding establishment of the account;

 

(3)  Account records showing deposits, withdrawals and interest in the months for which ownership is an issue;

 

(4)  If the individual does not own any of the funds, evidence showing that the individual can no longer withdraw funds from the account; and

 

(5)  If the individual owns only a portion of the funds, evidence showing removal from the account of such funds, or removal of the funds owned by the other account holder(s), and redesignation of the account.

 

          (d)  Any resources that the evidence establishes were owned by the other account holder(s), as determined by the department, and that the individual can no longer withdraw from the account shall not be considered to be the individual's resources.  However, such resources shall be deemed available to the individual if the account holder to whom they belong is someone whose resources would be used in determining the individual's eligibility.

 

          (e)  Jointly owned real property shall be excluded if the terms of ownership of the property prevent the individual from unilaterally liquidating the property and the other owner or owners refuse to agree to the sale. The addition of a joint owner shall be evaluated as an asset transfer in accordance with He-W 620.01.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6111, eff 11-1-95; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6740, eff 4-25-98; ss by #8596, eff 3-30-06; ss by #10563, eff 3-30-14; amd by #10982, eff 11-24-15 (paras (a) & (b))

 

          He-W 656.04  Personal Property Resources.

 

          (a)  For all categories of financial assistance, personal property resources shall be treated as follows:

 

(1)  At application and redetermination, the assistance group shall report and verify all resources;

 

(2)  The value of accumulated interest, the equity value of life insurance policies and the value of stocks and bonds, when verified at application or redetermination, shall be considered unchanged until the next redetermination;

 

(3)  Changes to the value of the resources identified in He-W 656.03(a) shall be reported between redeterminations;

 

(4)  Individuals shall report the acquisition of new resources and the selling of existing resources, pursuant to RSA 167:17;

 

(5)  The following resources shall not be counted when determining eligibility:

 

a.  Borrowed money, except for when the individual transfers the proceeds or a portion of the proceeds of the loan to another individual pursuant to He-W 620.01(a)(6);

 

b.  All household items;

 

c.  Inaccessible personal property resources whose value is legally unobtainable by the individual, except as specified in (7) below;

 

d.  Group, term and fraternal life insurance policies which have no equity value and are only payable upon the death of the insured;

 

e.  Lump sum death payments to cover funeral and burial expenses;

 

f.  Resources resulting from an accumulation of types of income that are excluded by federal mandate;

 

g.  Federal, state, and local income tax refunds; and

 

h.  Keogh accounts which involve a contractual relationship with a non-assistance group member, provided the contract prevents the individual from withdrawing money from the account without affecting the employer or other employees;

 

(6)  All Individual Retirement Accounts (IRA), one person Keogh accounts, and non-contractual Keogh accounts shall be counted towards the resource limit as follows:

 

a.  The balance in the account minus the penalty for early withdrawal for the entire account shall be counted; and

 

b.  The balance amount and the amount of the penalty for early withdrawal shall be as specified on the date on which they are initially verified and these amounts shall remain in effect until the next redetermination;

 

(7)  Trusts and similar legal devices shall be treated as follows:

 

a.  Trusts and similar legal devices, including annuities, established after August 10, 1993 and trusts and legal devices that were established prior to August 11, 1993 but have been added to or otherwise augmented or amended after August 10, 1993 shall be treated as follows:

 

1.  For purposes of determining an individual's eligibility for, or amount of, benefits, the rules established in this subparagraph shall apply to a trust established by such individual;

 

2.  An individual shall be considered to have established a trust if assets of the individual were used to form all or part of the corpus of the trust and if any of the following individuals established such trust other than by will:

 

(i)  The individual;

 

(ii)  The individual's spouse;

 

(iii)  A person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or the individual's spouse; or

 

(iv)  A person, including any court or administrative body, acting at the direction or upon the request of the individual or the individual's spouse;

 

3.  In the case of a trust, the corpus of which includes assets of an individual as determined under He-W 656.04(a)(7)a.2. and assets of any other person or persons, the provisions of this subparagraph shall apply to the portion of the trust attributable to the assets of the individual;

 

4.  Subject to He-W 656.04(a)(7)a.7., this subparagraph shall apply without regard to:

 

(i)  The purposes for which a trust is established;

 

(ii)  Whether the trustees have or exercise any discretion under the trust;

 

(iii)  Any restrictions on when or whether distributions may be made from the trust; or

 

(iv)  Any restrictions on the use of distributions from the trust;

 

5.  In the case of a revocable trust:

 

(i)  The corpus of the trust shall be considered resources available to the individual;

 

(ii)  Payments from the trust to or for the benefit of the individual shall be considered income of the individual; and

 

(iii)  Any other payments from the trust shall be considered assets disposed of by the individual;

 

6.  In the case of an irrevocable trust:

 

(i)  If there are any circumstances under which payment from the trust could be made to or for the benefit of the individual, the portion of the corpus from which, or the income on the corpus from which, payment to the individual could be made shall be considered resources available to the individual, and payments from that portion of the corpus or income:

 

i.  To or for the benefit of the individual, shall be considered income of the individual; and

 

ii.  For any other purpose, shall be considered a transfer of assets by the individual; and

 

(ii)  Any portion of the trust from which, or any income on the corpus from which, no payment could under any circumstances be made to the individual shall be considered, as of the date of establishment of the trust or, if later, the date on which payment to the individual was foreclosed, to be assets disposed by the individual, and the value of the trust shall be determined by including the amount of any payments made from such portion of the trust after such date;

 

7.  This subparagraph shall not apply to any of the following conforming trusts:

 

(i)  A trust containing the assets of an individual under age 65 who is disabled and which is established for the benefit of such individual by the individual, a parent, grandparent, legal guardian of the individual, or a court if the state will receive all amounts remaining in the trust upon the death of such individual up to an amount equal to the total medical assistance paid on behalf of the individual under a state plan;

 

(ii)  A trust containing the assets of an individual who is disabled as defined in 42 USC 1382c(a)(3)that meets the following conditions:

 

i.  The trust is established and managed by a non-profit association;

 

ii.  A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of funds, the trust pools these accounts; and

 

iii.  Accounts in the trust are established solely for the benefit of individuals who are disabled as defined in 42 USC 1382c(a)(3) by the parent, grandparent, or legal guardian of such individuals, by such individuals, or by a court;

 

b.  No clause or requirement in the trust, no matter how specifically it applies to  state or federal programs shall preclude a trust from being considered in accordance with He-W 656.04(a)(7)a.1.-6.;

 

c.  Any payments from revocable trusts, which are not made to, or on behalf of, the individual shall be considered assets disposed of for less than fair market value pursuant to He-W 620;

 

d.  Payments of income or payments from the corpus of irrevocable trusts that are not made to or for the benefit of the individual, shall be treated as a transfer of assets for less than fair market value pursuant to He-W 620;

 

e.  Irrevocable trusts where payments from some portions or all of the trust cannot under any circumstances be made to, or for the benefit of, the individual shall be treated as follows:

 

1.  The portion of the corpus or income on the corpus which cannot be paid to the individual shall be treated as a transfer of assets and shall be treated in accordance with He-W 620;

 

2.  In treating portions of the corpus or income which cannot be paid to the individual as a transfer of assets, the date of the transfer shall be the date the trust was established or, if later, the date on which payment to the individual was restricted or eliminated;

 

3.  In determining the value of the portion of the trust which cannot be paid to the individual for transfer purposes, any payments made, for whatever purpose, after the date the trust was established or, if later, the date payment to the individual was foreclosed, shall not be subtracted from the value of the trust;

 

4.  If funds were added to that portion of the trust after these dates, those funds shall be considered to be a new transfer of assets, effective on the date the funds are added to the trust; and

 

5.  The value of the transferred amount shall be no less than its value on the date of establishment or the date that access to the principal of the trust was restricted or eliminated;

 

f.  When some portion of the corpus or income on the corpus of a trust is or can be paid to the individual, such portion or income shall be treated in accordance with the standards set forth in He-W 656.04(a)(7)a.5.(i) or (ii), as applicable;

 

g.  Payments shall be considered to be made to the individual when any amount from the trust, including an amount from the corpus, or income produced by the corpus, is paid directly to the individual, or to someone acting on the individual's behalf; and

 

h.  Payments made for the benefit of the individual shall be payments of any sort, including an amount from the corpus, or income produced by the corpus, paid to another entity such that the individual derives some benefit from the payment;

 

(8)  An irrevocable burial trust established by an individual for the purpose of paying, at some point in the future, for the various expenses associated with the individual's funeral and burial shall be an exempt trust if the individual has a signed contract with a funeral home and the corpus of the trust does not exceed the contracted amount;

 

(9)  Annuities shall be excluded from the resource computation when the expected return on the annuity is commensurate with the life expectancy of the beneficiary in accordance with He-W 620.01(i)(2);

 

(10)  Annuities excluded from the resource computation pursuant to (9) above shall be treated as follows:

 

a.  When an individual cannot access the principal of an annuity, the annuity shall be treated as an irrevocable trust;

 

b.  If an annuity provides for payments to be made to the individual, those payments shall be considered unearned income to the individual;

 

c.  Any portion of the principal of the annuity that is paid to or on behalf of the individual shall be considered unearned income to the individual; and

 

d.  Portions of the annuity that cannot be paid to or for the benefit of the individual shall be treated as transfers of assets and shall be evaluated in accordance with He-W 620; and

 

(11)  Where application of the trust provisions discussed in He-W 656.04(a)(7)a.7.(i) and (iii) would cause an undue hardship as specified in He-W 602.08(c), those provisions shall not apply.

 

          (b)  For the adult categories of financial assistance, personal property resources shall be treated as follows:

 

(1)  The following resources shall not be counted when determining eligibility for the adult categories of financial assistance:

 

a.  All vehicles such as but not limited to cars, trucks, boats, motorcycles, and snowmobiles; and

 

b.  Farm machinery, livestock, tools, and equipment;

 

(2)  The equity value of the following resources shall be counted when determining eligibility for all adult categories of financial assistance:

 

a.  Bank accounts, including checking accounts;

 

b.  Stocks and bonds; and

 

c.  Pre-paid debit cards, such as direct express cards.

 

(3)  Accessible burial funds shall be treated in the following manner:

 

a.  Up to $1500 of the burial funds shall not be counted when determining eligibility for the adult categories of financial assistance when the value of the burial funds, added to the individual’s other countable resources, exceeds the resource limits as specified in He-W 656.06;

 

b.  The amount of the burial fund exclusion shall be reduced by:

 

1.  The combined face value of any life insurance policies; and

 

2.  Any irrevocable trusts or irrevocable funds identified as available to meet burial expenses;

 

c.  Interest earned on excluded burial funds and appreciation on the value of excluded burial arrangements shall be excluded as a resource, if left to accumulate as part of the separately identified burial fund;

 

d.  Interest earned on any portion of the burial fund not excluded as a resource shall be excluded only if inaccessible to the individual; and

 

e.  Accumulated interest which is accessible to the individual shall be counted as a resource at each eligibility determination;

 

(4)  Resources set aside under a Social Security Administration (SSA) approved plan for self-support (PASS) shall be excluded for the duration of the plan;

 

(5)  Life insurance policies shall be:

 

a.  A countable resource when the combined equity value of all an individual’s policies exceeds $1,500; or

 

b.  An excluded resource when:

 

1.  The total combined equity value of all the individual’s policies is equal to or less than $1,500; or

 

2.  The combined equity value of the individual’s policies exceeds $1,500, but the state of New Hampshire has been made the beneficiary to the policies pursuant to RSA 167:4, IV(c);

 

(6)  Applicants whose life insurance policies have a combined face value exceeding $1,500 shall be allowed to offset the excess equity value of life insurance for 3 months if:

 

a.  The equity value of life insurance exceeds resource limits in He-W 656.06, but other countable resources do not exceed the resource limits; and

 

b.  The applicant or the applicant's legal spouse who is living with the applicant has incurred and is liable for unpaid medical expenses;

 

(7)  The excess value of life insurance shall be offset as follows:

 

a.  Unpaid medical bills which were incurred before the period for which eligibility is requested shall be deducted from the equity value of the life insurance policies;

 

b.  If there are not enough prior unpaid medical bills to offset the equity value of life insurance, unpaid medical bills incurred within the period of which eligibility is requested shall be deducted from the equity value of the life insurance policies in chronological sequence, starting with the earliest unpaid bill; and

 

c.  No incurred unpaid medical bill shall be offset more than once;

 

(8)  The period of offsetting incurred medical expenses shall begin on the date that the applicant provides verification to the department of health and human services (DHHS) of resources and incurred medical expenses, and shall end 3 months thereafter;

 

(9)  At the end of the 3 month period, the equity value of life insurance shall be counted in full without any offset for medical expenses; and

 

(10)  Lump sum payments, with the exception of lump sum earned income and excludable lump sum payments paid to cover funeral expenses and portions of third party medical and other expenses directly associated with receipt of the lump sum, shall be counted as a resource when determining eligibility for the adult categories of financial assistance.

 

          (c)  For the financial assistance for needy families (FANF) categories of financial assistance, personal property resources shall be treated as follows:

 

(1)  Liquid resources such as bank accounts, stocks, bonds, and savings certificates, owned by an alien's sponsor or sponsor's spouse, shall be deemed to be available to the alien when determining an alien's eligibility for FANF financial assistance;

 

(2)  Liquid resources such as vehicles which are owned by an alien's sponsor or sponsor's spouse shall not be deemed to be available to the alien;

 

(3)  Junk vehicles used only to supply parts for the individual's main vehicle, are in such dilapidated condition that they cannot be reasonably repaired for sale or use, or which can only be sold for scrap or parts, and vehicles which are jointly owned with a non-assistance group member, shall be excluded as a resource when determining eligibility for FANF financial assistance;

 

(4)  Lump sum payments derived from converting a non-liquid resource to cash shall be counted as a lump sum resource when determining eligibility for FANF financial assistance;

 

(5)  The remaining balance of the working checking account or pre-paid debit card on the day it is reviewed, reduced by the amount that represents the FANF payment standard for an assistance group of comparable size with no income, shall be counted as a resource for FANF financial assistance;

 

(6)  The following special provisions shall apply to FANF recipients whose countable resources exceed the allowable limit because their sole resources consist of personal property assets which cannot be readily converted to cash, or which consist of such assets and real property as follows:

 

a.  Recipients shall reduce excess resources to within allowable limits no later than the month following the month in which resources first exceed the limit;

 

b.  The recipient shall verify that the recipient is making a good faith effort to sell the personal property resource which caused the resource limit to be exceeded; and

 

c.  Financial assistance shall terminate if the recipient fails to reduce resources within the above time frames;

 

(7)  The equity value of each individual’s life insurance policies shall be counted as a resource when determining eligibility for FANF financial assistance, when the total combined value of the policies is greater than $1,500;

 

(8)  For the purposes of the FANF vehicle exclusion specified in RSA 167:81,IV(b), the total number of vehicles excluded as a resource, regardless of ownership or value,  shall not exceed the number of parents or caretaker relatives of the assistance group; and

 

 (9)  The equity value of all life insurance policies shall be excluded as a resource when determining eligibility for FANF financial assistance, when:

 

a.  The combined value of each individual's policies is $1,500 or less; or

 

b.  The total combined value of each individual's policies exceeds $1,500, but the state of New Hampshire has been made the beneficiary to the policies pursuant to RSA 167:4,IV(c).

 

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5248, eff 10-16-91; ss by #5392, eff 5-11-92; amd by #6111, eff 11-1-95; amd by #6446, eff 2-1-97; amd by #6740, eff 4-25-98; amd by #6754, eff 5-20-98; amd by #6779, INTERIM, eff 6-27-98, EXPIRED: 10-25-98; amd by #6817, eff 7-25-98; amd by #7644, eff 2-8-02; amd by #8022, eff 2-1-04; amd by #8635, eff 5-26-06; amd by #8684, eff 7-21-06; amd by #8865, eff
4-13-07; ss by #10069, eff 2-12-12; ss by #13395, eff 6-18-22

 

He-W 656.05  Real Property Resources.

 

(a)  For the adult categories of financial assistance, real property resources shall be treated as follows:

 

(1)  The home occupied by the individual shall not be counted when determining eligibility for adult categories of financial assistance;

 

(2)  An unoccupied home shall not be counted during periods of temporary absence such as short term hospitalization or institutionalization;

 

(3)  Income-producing property shall not be counted;

 

(4)  Any real property not otherwise excluded shall not be counted if it is necessary as the residence for the individual’s spouse, minor child, or disabled child;

 

(5)  One burial plot per assistance group member shall not be counted; and

 

(6)  The equity value of real property which is not specifically excluded above shall be counted as a resource when determining eligibility for adult categories of financial assistance.

 

(b)  For adult categories of financial assistance, the assistance group shall take action to dispose of the property within 6 months of being notified by the department of health and human services (DHHS) that the property must be liquidated, and:

 

(1)  The equity value of the property shall not be counted during the disposal period; and

 

(2)  The disposal period shall be extended as long as:

 

a.  The individual verifies that action has been taken to sell the property and that there are valid reasons for inability to sell the property; or

 

b.  The individual’s hospitalization or institutionalization, although long term, is not expected to be permanent and it is likely that the individual will return to the home.

 

(c)  If disposal does not occur within the disposal period, as specified in (b) above, financial assistance shall be denied or terminated.

 

(d)  For the FANF category of financial assistance, disposal of real property shall be treated as follows:

 

(1)  The assistance group shall take action to dispose of the property within 6 months of being notified by DHHS that the property must be liquidated;

 

(2)  Individuals shall have an additional 3 months to dispose of excess unoccupied real property, when the individual verifies that he or she has made a good faith effort to sell the property;

 

(3)  The equity value of the property shall not be counted during the disposal period described in (1) and (2) above; and

 

(4)  When the property is sold, the net proceeds from the sale of the property shall count as a lump sum resource.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; amd by #8865, eff 4-13-07; ss by #9136, eff
4-22-08; ss by #11058, INTERIM, eff 3-24-16, EXPIRES: 9-20-16 (from He-W 621.03); ss by #11187, eff 9-20-16

 

He-W 656.06  Resource Limits.

 

(a)  When determining eligibility for Financial Assistance to Needy Families (FANF) financial assistance:

 

(1)  Applicant households that have received financial assistance under FANF in any one of the previous 6 months shall be considered a recipient household in determining the resource limit to be used; and

 

(2)  The resource limits shall be:

 

a.  For applicant households, $1,000; and

 

b.  For recipient households, $2,000.

 

(b)  The resource limit for adult category financial assistance shall be $1,500.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6672, eff 1-26-98; ss by #7354, eff 9-1-00; amd by #7644, eff 2-8-02; amd by #8865, eff 4-13-07; ss by #9252, eff
9-1-08; ss by #11186, eff 9-20-16

 

PART He-W 657 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 658  STANDARD OF NEED

 

          He-W 658.01  Financial Assistance to Needy Families (FANF) Standard of Need.

 

          (a)  The standard of need for FANF shall:

 

(1)  Be based upon the size of the assistance group (AG), as defined in He-W 601.01; and

 

(2)  Consist of 2 components:

 

a.  The basic maintenance needs allowance (BMNA); and

 

b.  Shelter costs, if incurred, up to a maximum of $342 as derived by reviewing weighted average shelter expenses for FANF recipients in subsidized and unsubsidized housing.

 

          (b)  The original minimum monthly BMNA amounts as effective in July 2012 shall be listed in Table 600-9, BMNA, below as determined in 2012 using reliable market data based on the Department of Labor’s annual update and using the living wage calculator in 2012 from the Pennsylvania State University.

 

Table 600-9, BMNA

 

Assistance Group Size

BMNA

1

$1,313

2

$2,564

3

$3,431

4

$4,194

5

$4,898

6

$5,200

7

$5,502

8

$5,804

9

$6,106

10

$6,408

11

$6,710

12

$7,012

 

          (c)   Table 600-9 above shall act as the starting figures and $302 shall be added to the monthly BMNA amount which was derived by using reliable market data described in (b) above, to determine the average increase in cost for basic living for a household size of 5 or larger.

 

          (d)  When the "Consumer Price Index" (CPI) for updating the standard of need is referred to, the "Percent Change From the Previous Year's Annual Average" of the "Consumer Price Index for All Urban Consumers" (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics found at https://www.bls.gov/cpi/, shall be used.

 

          (e)  Pursuant to RSA 167:7, II, the BMNA shall be equal to the minimum amount in Table 600-9 and updated for July 1 of each year by:

 

(1)  Multiplying the prior year’s BMNA by the current CPI average percent change in accordance with (d) above;

 

(2)  Adding the product derived in (e)(1) to the prior year’s BMNA; and

 

(3)  Rounding down the BMNA derived in (e)(2) to the nearest whole dollar.

 

          (f)  If the CPI average percent change for the most current year is negative or zero, there shall be no change to the BMNA.

 

          (g)  When a FANF AG is charged less than $342 for any shelter related costs, the standard of need for the group shall consist only of the BMNA for the appropriate group size.

 

          (h)  Any portion of the shelter related costs that is paid by an individual, agency, organization, or governmental unit outside of the AG shall not be considered a shelter charge to the FANF AG.

 

          (i)  When a FANF AG changes its shelter arrangement, the standard of need shall be based on the new shelter expenses regardless of arrearages owed for the previous shelter.

 

          (j)  Utility costs, such as electricity, heat, water, or sewage that are incurred separately from shelter costs shall not be allowable shelter expenses.

 

          (k)  For privately owned homes, shelter expenses shall be costs attributable to owning the home, including, but not limited to:

 

(1)  Property taxes;

 

(2)  Mortgage principal and interest;

 

(3)  Fire insurance premiums;

 

(4)  If living in a mobile home, lot rent; and

 

(5)  If living in a condominium, mandatory condominium fees.

 

          (l)  Shelter expenses shall not include upkeep costs.

 

          (m)  For a boarding arrangement as defined by He-W 601.02, shelter expenses shall be the higher of the following figures:

 

(1)  The AG’s payment for board decreased by the supplemental nutrition assistance program (SNAP) maximum "Thrifty Food Plan, 2021. FNS-916", as determined and published annually in the Federal Register by the United States Department of Agriculture in accordance with 7 CFR 273.10(e)(4) for a household size equivalent to the total number of individuals with boarding arrangements; or

 

(2)  The AG’s payment for board decreased by actual expenses for food.

 

          (n)  The shelter expense amount calculated for a boarding arrangement shall be used until the next redetermination of eligibility, regardless of increases in the thrifty food plan amount, unless the assistance group reports a change in household size, boarding arrangement payments, or shelter costs.

 

          (o)  For FANF children who live with a caretaker relative who is not included in the FANF AG, shelter expenses shall be the verified amount, if any, the caretaker relative actually charges the child for housing.

 

          (p)  If a FANF casehead is prohibited from receiving FANF financial assistance due to the receipt of SSI or adult category financial assistance, shelter costs of the AG including the casehead shall be allowed.

 

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5530, eff 12-16-92; ss by #5713, eff 10-1-93; ss by #5773, eff 1-14-94; ss by #5857, eff 7-1-94; amd by #6156, eff 12-29-95; amd by #6394, eff 1-1-97; amd by #6534, eff 7-1-97; amd by #6952, eff 3-1-99; ss by #7019, eff 7-1-99; amd by #7310, eff 7-1-00; amd by #7509, eff 7-1-01; amd by #8063, eff 3-20-04; amd by #8106, eff 7-1-04; amd by #8380, eff 6-21-05; amd by #8668, eff 6-21-06; amd by #8897, eff 6-7-07; amd by #8905, eff 7-1-07; ss by #9194, eff 7-1-08; ss by #9485, eff 7-1-09; ss by #9735, eff 7-1-10; amd by #9943, eff 7-1-11; ss by #10152, eff 7-1-12; ss by #13564, eff 2-22-23

 

He-W 658.02  Financial Assistance To Needy Families (FANF) Payment Standard.

 

(a)  The payment standard for Financial Assistance To Needy Families (FANF) financial assistance shall:

 

(1)  Be based upon the size of the assistance group (AG); and

 

(2)  Consist of 2 components:

 

a.  The basic maintenance payment allowance (BMPA); and

 

b.  Shelter costs, if incurred, up to the maximum subsidized or unsubsidized shelter payment allowance defined in (e) below.

 

(b)  The amount of the FANF payment standard shall vary according to the size of the AG and the shelter costs, if incurred.

 

(c)  The monthly BMPA amount for the appropriate AG size shall be as listed in Table 600.10, BMPA, below:

 

TABLE 600.10, BMPA

 

Assistance Group (AG) Size

BMPA

1

$171

2

$238

3

$307

4

$370

5

$430

6

$511

7

$574

8

$667

9

$719

10

$796

11

$883

12

$955

 

(d)  For each additional person in an AG size over 12, $67 shall be added to the monthly BMPA amount as listed in Table 600.10, BMPA, in (c) above.

 

(e)  The shelter payment allowance shall be the actual costs up to a maximum of:

 

(1)  $293 a month for subsidized shelter; or

 

(2)  $368 a month for unsubsidized shelter.

 

(f)  The payment standard for a FANF AG shall be:

 

(1)  If no shelter costs are incurred, the BMPA for the appropriate AG size; or

 

(2)  If shelter costs are incurred, the sum of:

 

a.  The BMPA for the appropriate AG size; and

 

b.  Actual shelter costs, up to the maximum subsidized or unsubsidized shelter payment allowance defined in (e) above.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5530, eff 12-16-92; ss by #5713, eff 10-1-93; ss by #5773, eff 1-14-94; ss by #7055, eff 8-1-99; ss by #7226, eff 4-1-00; amd by #8063, eff 3-20-04; ss by #9111, INTERIM, eff 3-24-08, EXPIRES: 9-20-08; ss by #9208, eff 7-19-08; ss by #11121, eff 7-19-16

 

          He-W 658.03  Adult Category Standard of Need.

 

          (a)  The standard of need for adult categories of financial assistance and adult categorically needy medical assistance in independent living arrangements shall be a fixed amount based on assistance group size.

 

          (b)  Adult category individuals shall be treated as an assistance group size of one when determining eligibility, except when an adult category individual lives with:

 

(1)  A spouse or a needy essential person in an independent living arrangement, eligibility shall be determined as an assistance group of 2; or

 

(2)  A spouse and a needy essential person in an independent living arrangement, eligibility shall be determined as an assistance group of 3.

 

          (c)  For each assistance group size, the standard of need for adult category individuals in independent living arrangements shall maintain the minimum payment level as specified by 42 USC 1382g.

 

          (d)  When SSI benefits change due to an SSI flat rate increase, the standard of need for adult category individuals in independent living arrangements shall not increase, as a portion of the SSI flat rate benefit increase is excluded in order to maintain the minimum payment level as described in (c) above.

 

          (e)  When SSI benefits change due to a cost of living increase, the following method shall be used to determine the standard of need for each assistance group size for adult category individuals in independent living arrangements:

 

(1)  Amounts from SSI flat rate benefit increases which are excluded shall be subtracted from the SSI maximum benefit amount for assistance group sizes of one, 2, or 3 persons;

 

(2)  The adult standard disregard as specified in He-W 654.16, shall be subtracted from the minimum payment level;

 

(3)  The amount determined in (e)(1) above shall be added to the amount determined in (e)(2) above; and

 

(4)  The sum, by assistance group size, shall be the standard of need for adult category individuals who reside in independent living arrangements.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

          He-W 658.04  RESERVED

 

Source.  (See Revision Note #1 at Part heading for He-W 858)

 

          He-W 658.05  RESERVED

 

Source.  (See Revision Note #2 at Part heading for He-W 858)

 

          He-W 658.06  RESERVED

 

Source.  (See Revision Note #2 at Part heading for He-W 858)

 

He-W 658.07  Eligibility for Adult Category Medical Assistance for Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI). - REPEALED

 

Source.  #9499, EMERGENCY RULE, eff 6-30-09; rpld by REPEAL OF EMERGENCY RULE, #9524, eff 7-31-09

 

PARTS He-W 659 - He-W 661 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 662 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97, EXPIRED: 10-24-05

 

PART He-W 663 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 664  SEPARATE MEDICAL ASSISTANCE GROUP

 

          He-W 664.01 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6826, eff 8-3-98; ss by #8684, eff 7-21-06; rpld by #10743, eff 12-12-14

 

          He-W 664.02  FANF Medical Assistance Only Case.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5992, eff 2-25-95; amd by #6952, eff 3-1-99; ss by #9845, eff 2-24-11; moved by #12773 (see He-W 864.02)

 

PART He-W 665 - He-W 669 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 670  DETERMINATION OF FINANCIAL ELIGIBILITY AND THE AMOUNT OF ASSISTANCE

 

          He-W 670.01 - He-W 670.02 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 670.03  Determination of the Grant.

 

          (a)  For adult category financial assistance, the amount of the grant shall be determined as follows:

 

(1)  If the net income amount is less than the adult category standard of need amount, the difference between the 2 amounts shall equal the grant;

 

(2)  The grant shall be a monthly dollar amount;

 

(3)  If the grant amount ends in:

 

a.  $0.49 or less, it shall be rounded down to the nearest dollar; or

 

b.  $0.50 or more, it shall be rounded up to the nearest dollar; and

 

(4)  The minimum authorized grant amount shall be $2.00 per month, after rounding.

 

(b)  For Financial Assistance to Needy Families (FANF), the amount of the grant shall be in accordance with 45 CFR 233.20(a)(2)(iv), and  be determined by the following:

 

(1)  If the assistance group is found eligible and the net income amount is less than the payment standard, the difference between the 2 amounts shall equal the FANF grant amount;

 

(2)  The grant shall be a monthly dollar amount;

 

(3)  If the grant amount ends in:

 

a.  $0.01-$.99, it shall be rounded down to the nearest dollar; or

 

b.  Ends in zero cents, the result shall be the actual monthly grant;

 

(4)  The minimum authorized monthly FANF grant amount before any adjustments shall be equal to $10 or more;

 

(5)  No payment shall be made if the amount of the FANF grant before any adjustments is less than $10 in accordance with 45 CFR 233.20 (a)(3)(viii)(C); and

 

(6)  If the monthly FANF grant prior to adjustments is equal to $10 or more, and the monthly FANF grant amount after adjustments is greater than $2.00 then the FANF grant amount shall be issued to the recipient.

 

          (c)  The adult category grant pursuant to (a) above shall be reduced by one-third when the individual who is requesting, receiving, or will be receiving the grant:

 

(1)  Resides with others in an independent living arrangement, as defined in He-W 601.05(d), and:

 

a.  Does not have any food expenses;

 

b.  Does not have any residence expenses associated with their independent living arrangement; and

 

c.  Does not receive Supplemental Nutritional Assistance Program (SNAP) benefits, as described in 7 CFR 273.10; or

 

(2)  Fails or refuses to provide the documentation described in (d) or (e) below, pursuant to He-W 606.01.

 

          (d)  An individual who has food expenses pursuant to (c)(1)a. above, shall provide written documentation that includes the following:

 

(1)  The individual’s printed name and address; and

 

(2)  A signed statement from the individual certifying that the individual pays toward the food the individual eats.

 

          (e)  Residence expenses pursuant to (c)(1)b. above shall mean any of the following expenses incurred as a result of the individual’s independent living arrangement:

 

(1)  Rental costs to live in the independent living arrangement;

 

(2)  Utility costs to live in the independent living arrangement;

 

(3)  Mortgage payments to live in the independent living arrangement; or

 

(4) Property taxes or property insurance associated with living in the independent living arrangement.

 

          (f)  An individual who has residence expenses pursuant to (e) above, shall provide one of the following:

 

(1)  A lease or rent receipt for the residence in the individual’s name;

 

(2)  A copy of a utility bill for the residence in the individual’s name;

 

(3)  A copy of a mortgage payment or statement for the residence in the individual’s name;

 

(4)  A copy of property taxes or property insurance for the residence in the individual’s name; or

 

(5)  A statement signed by the individual with whom the adult category applicant or recipient resides, certifying that the individual pays toward rent, a utility listed in (g) below, mortgage, property taxes, or property insurance for the residence.

 

          (g)  Only the following shall be considered a utility residence expense, pursuant to (e)(2) above:

 

(1)  Electricity;

 

(2)  Cooking fuel;

 

(3)  Heating fuel;

 

(4)  Water or sewage; or

 

(5)  Trash removal.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6826, eff 8-3-98; amd by #8452, eff 10-22-05; amd by #8684, eff 7-21-06; ss by #10075, eff 1-25-12; ss by #13308, eff 12-17-21

 

          He-W 670.04  Determination of the Assistance Payment.

 

          (a)  The financial assistance grant amount shall be issued in the form of a semi-monthly assistance payment.

 

          (b)  The amount of the assistance payment shall be determined by the monthly grant and adjustments, if any, to the grant, as follows:

 

(1)  If there are no adjustments, the assistance payment shall be equal to one-half the monthly grant; and

 

(2)  If there are adjustments to the grant, the assistance payment shall be equal to one-half the monthly grant plus or minus one-half of the adjustments.

 

          (c)  The first semi-monthly payment shall be issued on the 15th of the month for the period covering the 1st through the 15th of that month.

 

          (d)  The second semi-monthly payment shall be issued on the 30th of the month, or the last day of the month in February, for the period covering the 16th through the last day of that month.

 

          (e)  If the 15th or the 30th of the month, or the last day of February, falls on a weekend, or falls on a Friday or a Monday holiday, EFT payments, described in He-W 671.02, or checks shall be issued on the preceding state business day.

 

          (f)  An adult category grant which has been reduced by one-third pursuant to He-W 670.03, shall have the one-third reduction removed effective the next semi-monthly payment period following:

 

(1)  The date the individual provides proof that he or she:

 

a.  No longer resides in an independent living arrangement, as defined in He-W 601.05(d); or

 

b.  Now lives alone in an independent living arrangement;

 

(2)  The date the individual provides proof of residence expenses or food expenses, pursuant to He-W 670.03(d)-(g); or

 

(3)  The date the individual begins to receive food stamp benefits pursuant to 7 CFR 273.10.

 

          (g)  An individual whose independent living arrangement has changed pursuant to (f)(1)a. above shall provide a statement from the residential care facility, community residence, or licensed and certified nursing facility on the facility’s letterhead confirming the individual’s residence in the facility.

 

          (h)  An individual whose independent living arrangement has changed pursuant to (f)(1)b. above, shall provide a signed and dated statement from:

 

(1)  The individual or individuals with whom the adult category applicant or recipient formerly resided indicating that they no longer live with the adult category applicant or recipient; and

 

(2)  The adult category applicant or recipient indicating that he or she now lives alone.

 

          (i)  The semi-monthly payment, as described in (c) and (d) above, shall not be issued unless:

 

(1)  The assistance group was eligible for financial assistance for the entire semi-monthly period; or

 

(2)  The sanctioned individual was eligible for financial assistance for the entire semi-monthly period.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6825, eff 8-3-98; ss by #6826, eff 8-3-98; ss by #6896, eff 12-1-98; ss by #8684, eff 7-21-06; ss by #10075, eff 1-25-12; amd by #10511, eff 1-24-14

 

PART He-W 671  ISSUANCE OF ASSISTANCE PAYMENTS

 

          He-W 671.01  Electronic Benefit Transfer (EBT).

 

          (a)  Financial assistance payments shall be issued through the electronic benefit transfer (EBT) system when the individual or authorized representative has elected not to receive these benefits via electronic funds transfer (EFT) as described in He-W 671.02.

 

          (b)  An individual receiving financial assistance payments through the EBT system shall:

 

(1)  Obtain an EBT card through:

 

a  The district office; or

 

b.  The mail;

 

(2)  Activate the EBT card by selecting a personal identification number (PIN):

 

a.  At the district office; or

 

b. Through an automated method made available through the department’s EBT contractor;

 

(3)  Access the EBT cash account with the EBT card using the PIN; and

 

(4)  Be responsible for the security of the EBT card and PIN.

 

          (c)  An individual or authorized representative obtaining an EBT card at the district office shall present proof of identity before being given the EBT card.

 

          (d)  Cash benefits which have not been accessed by the individual for a period of 90 calendar days after the date the benefits were issued shall be considered no longer available to the individual and permanently removed from the EBT account.

 

          (e)  EBT cash benefits shall not be replaced by the department.

 

          (f)  An individual shall request a replacement EBT card through:

 

(1)  The department’s EBT contractor, whose phone number shall be provided by the department; or

 

(2)  The district office.

 

          (g)  Fees charged by the EBT contractor for individual use of the EBT cash account shall be automatically deducted from the individual’s EBT cash account.

 

          (h)  The department shall provide the individual with notification of the fees described in (g) above, upon request.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6825, eff 8-3-98; ss by #6897, eff 12-1-98; amd by #7977, eff 11-1-03; ss by #8071, eff 4-23-04; ss by #9816, eff 11-19-10, EXPIRED: 11-19-18

 

New.  #13122, INTERIM, eff 10-21-20, EXPIRED: 4-19-

 

New.  #13190, eff 4-20-21

 

          He-W 671.02  Electronic Funds Transfer (EFT).

 

          (a)  Financial assistance payments shall be issued by method of direct deposit into the individual’s bank account through the electronic funds transfer (EFT) system when the individual or authorized representative has elected to receive these benefits in this manner.

 

          (b)  The portion of the assistance payment authorized as a vendor payment made to a vendor payee, pursuant to He-W 686.01, shall be made as an EFT deposit to the account of the vendor.

 

          (c)  Payment made to a provider for emergency assistance, as described in He-W 699.05, shall be made as an EFT.

 

          (d)  To process an EFT, the individual, authorized representative, protective payee or vendor payee shall:

 

(1)  Have an open checking or savings account; and

 

(2)  Provide the department with the bank account information necessary to make a direct deposit.

 

          (e)  If an individual provides access or joint ownership to the account into which the EFT deposits are made, the department shall not replace EFT benefits used by the joint owner.

 

          (f)  EFT deposits shall not be split between separate accounts, unless the household has authorized an amount to be deposited into the account of a vendor payee as described in He-W 686.01.

 

          (g)  EFT deposits shall be posted to the individual’s personal bank account in accordance with He-W 670.04.

 

          (h)  Financial assistance payments shall be issued via EBT, pursuant to He-W 671.01, when:

 

(1)  EFT is chosen for benefit issuance, but the individual does not have an open checking or savings account, pursuant to (d)(1) above;

 

(2)  EFT is chosen for benefit issuance, but the individual does not provide the department with bk account information necessary to make a direct deposit, pursuant to (d)(2) above;

 

(3)  The individual does not choose EFT for benefit issuance, pursuant to (a) above; or

 

(4)  The individual provides information for EFT benefit issuance, but the information provided results in the bank rejecting the EFT deposit, pursuant to He-W 671.01(a).

 

Source.  (See Revision Note at Chapter Heading He-W 600); #6825, eff 8-3-98; ss by #6897, eff 12-1-98; ss by #8071, eff 4-23-04; ss by #10178, eff 8-24-12; ss by #13190, eff 4-20-21

 

          He-W 671.03  Adjustment to an Electronic Benefit Transfer (EBT) Account.

 

          (a)  An EBT transaction error shall be deemed to have occurred when a cash assistance recipient uses an EBT card at an authorized point-of-sale or ATM machine, and due to a systems error or malfunction:

 

(1)  The authorized retailer is not credited with some or all of the transfer of funds; or

 

(2)  The cash assistance recipient does not receive some or all of the benefits requested although the recipient’s EBT account is debited.

 

          (b)  The department shall adjust a cash assistance EBT account within 45 business days of being notified of an EBT transaction error described in (a) above.

 

          (c)  Within 5 business days of making the adjustment described in (b) above, the department shall notify the recipient of the following:

 

(1)  The total amount of the adjustment required to reconcile the account;

 

(2)  The date the transaction occurred at the point-of-sale or ATM machine;

 

(3)  The name of the merchant and location where the transaction occurred;

 

(4)  That the recipient has 90 days to request an administrative appeal; and

 

(5)  That if the recipient requests an administrative appeal within 10 calendar days from the date of notification from the department:

 

a.  The amount of the adjustment will be credited to the recipient’s EBT account pending the outcome of the administrative appeal, if the individual requests; and

 

b.  The amount of the adjustment credited to the recipient’s EBT cash account is subject to recoupment, in accordance with He-W 692, if the administrative appeal does not find in favor of the recipient.

 

          (d)  For EBT transaction errors described in (a)(1) above, the department shall additionally notify the recipient of the following:

 

(1)  That the amount described in (c)(1) above has been placed on hold status and is unavailable for the recipient’s use as of the date of the notification; and

 

(2)  If the EBT account has insufficient funds to cover the total adjustment described in (c)(1) above, the department will place a hold against the following month’s cash assistance benefits for the remaining amount of the adjustment.

 

          (e)  If the recipient does not request an administrative appeal within 10 calendar days from the date of notification from the department, the amount of the adjustment in (d)(1) above shall be removed from hold status and credited to the merchant, pursuant to (d)(2) above.

 

          (f)  If the recipient requests an administrative appeal after 10 calendar days but within 90 calendar days from notification of the adjustment from the department, the department shall make a provisional credit to the recipient equal to the amount described in (c)(1) above, if:

 

(1)  The individual requests a provisional credit due to hardship pursuant to (g) below; or

 

(2)  The administrative appeal finds in favor of the recipient, but:

 

a.  The merchant refuses to credit the recipient’s EBT account for the adjustment error; or

 

b.  The merchant is no longer an EBT provider.

 

          (g)  Hardship shall be deemed to exist when 80% of the benefit was not received by the recipient and the recipient provides a written statement indicating that the individual or household is experiencing or threatened by at least one of the following:

 

(1)  Homelessness or eviction;

 

(2)  Termination of a utility or dependent care; or

 

(3)  Lack of medicine, food, heat, hot water, or cooking fuel.

 

          (h)  Provisional credits to the recipient in accordance with (f)(1) above shall be subject to recoupment, in accordance with He-W 692, if the administrative appeal does not find in favor of the recipient.

 

          (i)  The amount withheld from the current and following month’s EBT accounts in accordance with (d)(2) above, shall constitute the total adjustment amount, even if the actual amount needed to reconcile the EBT transaction error exceeds this amount.

 

Source.  #7977, eff 11-1-03; ss by #9987, eff 11-1-11, EXPIRED: 11-1-19

 

New.  #13122, INTERIM, eff 10-21-20, EXPIRED: 4-19-21

 

New.  #13190, eff 4-20-21

 

          He-W 671.04  Paper Checks.  Financial assistance payments shall be issued by method of paper check only when a nursing facility client chooses to receive PNA payments in this manner.

 

Source.  #8071, eff 4-23-04; ss by #10178, eff 8-24-12; ss by #13190, eff 4-20-21

 

PART He-W 672  INITIATION OF FINANCIAL ASSISTANCE

 

          He-W 672.01  Initiation of FANF Category Financial Assistance.

 

          (a)  FANF financial assistance shall begin effective with the first of the month following the month of application, or effective with the payroll period in which eligibility is determined, whichever occurs first, provided that the family is eligible on the date payment is made.

 

          (b)  A FANF applicant, who is required to comply with He-W 628.01, shall receive the first assistance payment pursuant to (a), above, or the following, whichever is later:

 

(1)  The day following compliance with He-W 628.01(b)(2), if EBT is the method of benefit issuance; or

 

(2)  The second day following compliance with He-W 628.01(b)(2), if EFT is the method of benefit issuance.

 

          (c)  A FANF applicant who is required to comply with RSA 167:79,III(b), shall receive the first assistance payment pursuant to (a) above, or effective with the payroll period in which the condition described in RSA 167:79,III(b) is met, whichever is later.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06; amd by #8869, eff 4-19-07; ss by #10163, eff 7-26-12

 

          He-W 672.02  Initiation of Adult Category Financial Assistance.

 

(a)  Adult category financial assistance shall begin effective with the payment period in which eligibility is determined, provided that the case is eligible on the date payment is issued.

 

          (b)  When eligibility for ANB or APTD is denied solely due to a disability determination unit (DDU) decision and the DDU decision is subsequently reversed, financial assistance shall be determined beginning on the first day of the month of that denial decision, provided:

 

(1)  All general, technical and categorical eligibility requirements are met; and

 

(2)  Either of the following apply:

 

a.  The DDU reversal is based on review of medical information prior to an administrative appeal; or

 

b.  The DDU decision is reversed as a result of an administrative appeal.

 

          (c)  When an eligibility determination is made after the 45-day or 90-day application processing periods, pursuant to 42 CFR 435.911(a), financial assistance shall begin effective with the payment period of the month in which:

 

(1)  The 45th day fell, for OAA and ANB applicants; or

 

(2)  The 90th day fell, for APTD applicants.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #5749, INTERIM, eff 12-1-93, EXPIRED: 3-31-94; amd by #5806, eff 3-30-94; amd by #6195, eff 2-24-96; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10511, eff 1-24-14; amd by #10923, eff 9-1-15

 

PART He-W 673 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 674  TERMINATION OF FINANCIAL ASSISTANCE

 

          He-W 674.01  Termination of Financial Assistance.

 

          (a)  Financial assistance shall terminate as of the end of the required advance notice period.

 

          (b)  If the individual is potentially eligible for financial assistance under another category or for in and out medical assistance under the same or another category, the individual shall reapply subsequent to the termination.

 

          (c)  When an APTD recipient attains the age of 65, eligibility for OAA assistance shall be determined without a separate application.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

PART He-W 675 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 676  RESERVED

 

Source.  (See Revision Note at Part heading for He-W 876)

 

PART He-W 677 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 678 - RESERVED

 

Source.  (See Revision Note at Part Heading for He-W 878) #10743, eff 12-12-14

 

PART He-W 679 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 680  INITIATION OF MEDICAL ASSISTANCE

 

          He-W 680.01  Initiation of Medical Assistance.

 

          (a)  Unless otherwise specified, eligibility for categorically needy and medically needy medical assistance shall begin the day of application if all eligibility requirements are met on that date.

 

          (b)  The monthly spenddown period for in and out medically needy medical assistance shall begin no earlier than the date of application and continue for one calendar month from that date.

 

          (c)  If all eligibility requirements are not met on the date of application, eligibility for categorically needy and medically needy medical assistance shall begin the day of the month in which all eligibility requirements are met.

 

          (d)  If a newborn child is added to the assistance group, eligibility shall begin on the date of birth.

 

          (e)  In and out medically needy medical assistance shall begin on the day of the month in which incurred medical costs equal or exceed the amount of the spenddown.

 

          (f)  If application is made for retroactive categorically needy or medically needy medical assistance, medical assistance shall be provided for each of the 3 retroactive months directly preceding the month of application for which eligibility has been established, pursuant to He-W 680.02 and 42 CFR 435.914.

 

          (g)  Eligibility for a retroactive month under (f) above shall be determined beginning with the day prior to the application date back to the same date in the retroactive month, if all eligibility factors are met at any time during that month.

 

          (h)  If application is made for retroactive in and out medically needy medical assistance under (f) above, medical assistance shall be determined separately for each of the 3 retroactive months, pursuant to 42 CFR 435.914.

 

          (i)  Eligibility for a retroactive month for in and out medically needy medical assistance under (f) above shall begin on the day of the month in which incurred medical costs equal or exceed the amount of the spenddown.

 

          (j) When ANB or APTD categorically or medically needy medical assistance is denied by the department of health and human services or the social security administration (SSA) decision and the department’s or the SSA’s decision is subsequently reversed, medical assistance shall be determined beginning on the date of application, provided that:

 

(1)  All general, technical, and categorical eligibility requirements are met; and

 

(2)  Any of the following apply:

 

a.  The department’s reversal is based on review of medical information prior to an administrative appeal;

 

b.  The SSA reversal is based on the reconsideration and/or appeal procedure required by SSA; or

 

c.  The department’s decision is reversed in accordance with He-C 201.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #5749,INTERIM, eff 12-1-93, EXPIRED: 3-31-94; amd by #5806, eff 3-30-94; ss by #6195, eff 2-24-96; amd by #6614, eff 10-24-97; amd by #6925, eff 1-1-99; amd by #7666, eff 4-1-02; amd by #8113, eff 7-3-04; amd by #8452, eff 10-22-05; amd by #8783, INTERIM, eff 12-30-06, EXPIRES: 6-28-07; amd by #8903, eff 6-28-07; ss by #10139, eff 7-1-12

 

          He-W 680.02  Retroactive Medical Assistance.

 

          (a)  In order to receive retroactive medical assistance, the client shall indicate the periods for which retroactive assistance is being requested.

 

          (b)  A request for retroactive medical assistance shall be made no later than 9 months from the first day of the retroactive month for which assistance is being requested.

 

          (c)  The person making application on behalf of a deceased individual shall be responsible for providing verification of eligibility factors.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6925, eff 1-1-99; amd by #7666, eff 4-1-02; amd by #8452, eff 10-22-05; ss by #9664, eff 4-1-10; ss by #10139, eff 7-1-12

 

PART He-W 681 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 682  TERMINATION OF MEDICAL ASSISTANCE

 

          He-W 682.01  Termination of Medical Assistance.

 

          (a)  Except where otherwise specified, medical assistance shall cease as of the last day of the advance notice period, as defined in He-W 601.01(e).

 

          (b)  If the former medical assistance recipient is potentially eligible for medical assistance under another category or for in and out medically needy medical assistance under the same or another category, the individual shall reapply for this other assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6195, eff 2-24-96; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6745, (HB 32), eff 5-1-98, EXPIRED: 12-31-98; ss by #6925, eff 1-1-99; ss by #8783, INTERIM, eff 12-30-06, EXPIRES: 6-28-07; ss by #8903, eff 6-28-07; ss by #10139, eff 7-1-12

 

          He-W 682.02 - He-W 682.03 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 682.04  RESERVED

 

Source.  (See Revision Note at Part heading for He-W 882)

 

          He-W 682.05  RESERVED

 

Source.  (See Revision Note at Part heading for He-W 882)

 

PART He-W 683  RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; rpld by #5419, eff 7-1-92

 

PART He-W 684  REDETERMINATION OF ELIGIBILITY

 

          He-W 684.01  Redeterminations - General.

 

          (a)  A redetermination of eligibility shall be required under the following conditions:

 

(1)  At regularly scheduled intervals as prescribed by federal regulations;

 

(2)  Prior to the expiration of extended medical assistance coverage periods, if the client requests a redetermination of eligibility for benefits;

 

(3)  When requested by the client;

 

(4)  When the district office discovers conflicting information regarding eligibility factors; or

 

(5)  When a change in case circumstances affects other eligibility factors.

 

          (b)  Except for individuals who meet the requirements of He-W 636.01(a), He-W 641.06, He-W 641.07, He-W 641.09, or He-W 644.01(a)(2), a client shall participate in a personal interview with an eligibility worker as follows:

 

(1)  For all financial assistance to needy families financial or medical assistance cases; and

 

(2)  For adult category financial and medical assistance cases when the client resides in a residential care facility, community residence, or an independent living arrangement and receives supplemental nutritional assistance.

 

          (c)  The personal interview for adult category clients shall be conducted with the client, an authorized representative, or a nursing facility representative.

 

          (d)  For all redeterminations requiring a personal interview, the date of the redetermination shall be the day on which the interview is conducted.

 

          (e)  When a personal interview is not required, the date of the redetermination shall be the return date for the required verification.

 

          (f)  Refusal or failure, without good cause as defined in He-W 601.04(i), to schedule or appear for a redetermination interview and provide required verification shall result in the termination of financial or medical assistance for the entire assistance group, except as described in (h) below.

 

          (g)  A desk review, as defined in He-W 601.03(g), shall be required when a reported or anticipated change does not affect more than one eligibility factor or case circumstance.

 

          (h)  Recipients of medical assistance for low income children as described in He-W 641.07 shall continue to receive medical assistance in their current category of medical assistance for 12 months from the application month, with the application month being zero, when the assistance group:

 

(1)  Is also receiving supplemental nutritional or child care assistance and required to participate in more frequent redeterminations pursuant to He-W 684.02(d);

 

(2)  Without good cause as defined in He-W 601.04(i), refuses or fails to attend the personal interview or reapply for assistance in accordance with the requirements of the more frequent redetermination described in (1) above; and

 

(3)  Is not receiving any category of financial assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6745, (HB 32), eff 5-1-98, EXPIRED: 12-31-98; ss by #6925, eff 1-1-99; amd by #7766, eff 10-1-02; amd by #8783, INTERIM, eff 12-30-06, EXPIRES: 6-28-07; amd by #8903, eff 6-28-07; ss by #9277, eff 10-1-08; ss by #10139, eff 7-1-12

 

          He-W 684.02  Regularly Scheduled Redeterminations.

 

          (a) For financial assistance to needy families (FANF) financial and medical assistance, redeterminations shall be scheduled at least every 6 months from the application month, with the month of application or redetermination always being zero, except as described in He-W 684.02 (b).

 

          (b)  Redeterminations shall be scheduled by counting no more than 12 months from the application month, with the application month being zero, for the following assistance groups:

 

(1)  FANF cash assistance groups in which no assistance group member receives supplemental nutritional assistance and:

 

a.  The parent is not included in the assistance group; or

 

b.  A caretaker relative is a member of the assistance group;

 

(2)  FANF medical assistance only groups in which no assistance group member receives supplemental nutritional assistance;

 

(3)  FANF-related medical assistance groups; and

 

(4)  Medical assistance groups for low income children as described in He-W 641.07;

 

          (c)  For adult category financial and/or medical assistance groups, redeterminations shall be scheduled as follows:

 

(1)  The first redetermination date shall be determined by counting 12 months from the month of application with the month of application always being zero; and

 

(2)  Subsequent redetermination dates shall be no more than 12 months following the most recent redetermination.

 

          (d)  For any case containing multiple assistance groups receiving assistance under different categories of assistance, a redetermination shall be conducted for all assistance groups in the case whenever the assistance group with the most frequent redetermination schedule is required to conduct a redetermination.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #5819, eff 4-29-94; ss by #5967, eff 1-27-95; amd by #6826, eff 8-3-98; amd by #6896, eff 12-1-98; amd by #6925, eff 1-1-99; amd by #7282, eff 6-1-00; amd by #7510, eff 7-1-01; ss by #7560, eff 10-1-01; amd by #7666, eff 4-1-02; amd by #7835, eff 2-24-03; amd by #8325, eff 5-1-05; ss by #9277, eff 10-1-08; ss by #10139, eff 7-1-12

 

PART He-W 685  ADDITIONAL ELIGIBILITY REQUIREMENTS

 

          He-W 685.01  Special Reviews of Eligibility.

 

          (a)  Applicants for or recipients of FANF or adult category financial or medical assistance shall cooperate with special reviews of eligibility and provide any requested verification.

 

          (b)  Special reviews shall be required of applicants or recipients, based upon quality control data or the results of other formal or informal studies, in order to assist the department in the efficient administration of its programs.

 

          (c)  Special reviews shall consist of personal interviews including home visits or affidavits.

 

          (d)  The department shall not impose any new or changed condition(s) of eligibility during these reviews.

 

          (e)  Applicants and recipients who are subject to a special review shall be entitled to all rights that are usually provided, including the following:

 

(1)  Advance notice of action to deny, terminate, or reduce benefits;

 

(2)  The right to appeal; and

 

(3)  The right to request continued benefits pending the outcome of a hearing.

 

          (f)  A client’s failure or refusal to cooperate with a quality control review pursuant to (a) through (c) above, shall result in the the assistance group being determined ineligible for the program under review.

 

          (g)  If the program selected for review in (f) above is Medicaid, the client’s failure or refusal to cooperate shall also result in the assistance group’s ineligibility for financial assistance.

 

          (h)  The period of ineligibility described in (f) above shall continue until the earlier of:

 

(1)  The client’s compliance with the quality control review requirements; or

 

(2) The end of the federal reporting period during which the quality control review was conducted.

 

          (i)  When the period specified in (h) above has expired, the client shall be required to reapply for assistance.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6826, eff 8-3-98; amd by #6896, eff 12-1-98; amd by #8452, eff 10-22-05; amd by #8684, eff 7-21-06; ss by #10471, eff 11-26-13

 

PART He-W 686  PROTECTIVE AND VENDOR PAYMENTS

 

          He-W 686.01  Protective and Vendor Payments.

 

          (a)  For adult category financial assistance, protective and vendor payments shall be made under the same circumstances and in the same manner as for FANF financial assistance, unless otherwise specified.

 

          (b)  Pursuant to RSA 167:26, protective payments shall be authorized when required by federal regulations and due to mismanagement of funds as described in (d) below.

 

          (c)  The entire assistance payment, notices of decision, and medical assistance benefit cards shall be sent to the person designated as protective payee.

 

          (d)  Mismanagement of funds shall include, but not be limited to:

 

(1)  Recurring inability to plan for and meet a month's needs;

 

(2)  Recurring failure to meet obligations for rent and groceries;

 

(3)  Repeated evictions or incurrence of debts with attachments against current non-assistance income; or

 

(4)  Recurring incidents of children not being properly fed or clothed, and their health and safety is threatened.

 

          (e)  Physical or mental incapacities by themselves shall not be valid reasons for assigning a protective payee.

 

          (f)  The protective payee shall be selected from the following:

 

(1)  A relative, friend, neighbor or clergyman;

 

(2)  An individual who works with voluntary social agencies, or is on the staff of a public agency which provides homemaker and housekeeping aid services, practical nursing, rehabilitation or housing; or

 

(3)  For adult category cases, the superintendent, or his or her designated representative, of a public institution for the mentally ill or mentally retarded, provided that there are staff available to assist the superintendent in carrying out the protective payee function.

 

          (g)  The protective payee shall not be a staff member of the department.

 

          (h)  The responsibilities of the protective payee shall be as follows:

 

(1)  To receive the client's entire assistance payment, and pay the bills according to a budget planned with the client;

 

(2)  Encourage the applicant or recipient to actively participate in the management of his or her income, resources, and expenses;

 

(3)  Cooperate with the social worker and the department staff member in helping the applicant or recipient;

 

(4)  Maintain reasonable accountability of the applicant or recipient's assistance payments; and

 

(5) Comply with applicable federal laws and regulations, and state statutes regarding confidentiality.

 

          (i)  For adult category cases, protective payments for mismanagement shall be continued indefinitely if the mismanagement situation is not resolved.

 

          (j)  When voluntarily requested in writing by the client, pursuant to (k)-(l) below, a portion or all of the assistance payment shall be made payable to a vendor.

 

          (k)  To initiate vendor payments, the applicant or recipient shall:

 

(1)  Specify the vendor's name, address, and the amount of the payment; and

(2)  Notify the district office in writing when a vendor payment is to be changed or when vendor payments are to be terminated.

 

          (l)  Vendor payments shall not be made if:

 

(1)  A creditor is coercing the individual; or

 

(2)  The district office has knowledge that a creditor will not provide the individual with the same quality and quantity of goods that would be provided to the general public.

 

          (m)  Voluntary vendor payments shall not be authorized for applicants or recipients who have a:

 

(1)  Protective payee due to mismanagement of funds, or Title IV-D non-compliance, even if the assistance payment is directed to the casehead; or

 

(2)  Foster parent, guardian or conservator.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6825, eff 8-3-98; amd by #6826, eff 8-3-98; amd by #6896, eff 12-1-98; amd by #8452, eff 10-22-05; amd by #8684, eff 7-21-06; ss by #10471, eff 11-26-13

 

PART He-W 687 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 688  CORRECTIVE PAYMENTS

 

          He-W 688.01  Corrective Payments.

 

          (a)  For adult category financial assistance, corrective payments, as described in He-W 601.02(t), shall be made under the same circumstances and in the same manner as in the FANF category of assistance.

 

          (b)  The applicant or recipient shall not receive a corrective payment for the following:

 

(1)  Differences between independent living and community residence standards of need, when the department is not notified of the community residence living arrangement; or

 

(2)  Differences in benefit amounts or eligibility which result from using current information for a prior period.

 

          (c)  Corrective payments shall only be made for underpayments totaling $5.00 or more.

 

          (d)  The underpayment period shall begin with the first payroll period that was affected, using the actual or maximum time frames for client reporting, department action, and advance notice period, when applicable.

 

          (e)  The underpayment period shall end:

 

(1)  When a correct payment has been issued, if information is still current; or

 

(2)  With the first payroll period after applying the actual or maximum time frames for client reporting, department action, and advance notice period, if information is no longer current.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

PART He-W 689 - RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 690  REIMBURSEMENT

 

          He-W 690.01  Reimbursement.

 

          (a)  Pursuant to RSA 167:28, each applicant for OAA, ANB, or APTD financial assistance, as well as the spouse of the applicant if residing with the applicant, shall complete an agreement to reimburse the federal government, the state, and the county for all assistance granted.

 

          (b)  The agreement required in (a) above shall include:

 

(1)  The printed name of the applicant;

 

(2)  The printed name of the applicant’s spouse, if applicable;

 

(3)  The applicant’s street address;

 

(4)  The county where the applicant resides;

 

(5)  The physical location where the agreement is being signed;

 

(6)  The dated signature of the applicant, and spouse if applicable;

 

(7)  The dated signature of a notary public or justice of the peace;

 

(8)  The date the commission of the notary public or justice of the peace expires;

 

(9)  The raised seal if witnessed by a notary public; and

 

(10)  Acknowledgement that the department has advised the applicant of the requirements of RSA 167:16-a, if applicable.

 

          (c)  The department shall request applicants for OAA, APTD, ANB, BCCP, or MEAD medical assistance and their spouses, if any, to provide their signatures indicating that the department has advised them of the requirements of RSA 167:16-a, but a signature on the agreement shall not be an eligibility requirement.

 

          (d)  If an applicant or spouse fails to complete and sign the agreement, eligibility for OAA, ANB, or APTD financial assistance shall be denied.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

PART He-W 691  RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 692  RECOUPMENT

 

          He-W 692.01  RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 692.02  Erroneously Paid Financial Assistance.

 

          (a)  For adult category and FANF financial assistance, the rate and method of recoupment of incorrect payments shall be the same, except where otherwise specified.

 

          (b)  Differences in benefit amounts or eligibility that result from using current information for a prior period shall not be considered an overpayment.

 

          (c)  For overpaid residential care facility or community residence cases, the method and amount of recoupment shall be determined in consultation with the division of community-based services.

 

          (d)  When a FANF financial assistance recipient receives direct child or spousal support, no overpayment shall occur as long as the support income is used in the calculation of eligibility.

 

          (e)  The method for determining the overpayment period shall be the same as the method for determining the underpayment period specified in He-W 688.01.

 

          (f)  When both an overpayment and an underpayment exist for the same case, one shall be offset by the other to arrive at a reduced recoupment or corrective payment amount.

 

          (g)  All overpayments shall be recovered at the same rate, except where otherwise noted.

 

          (h)  The rate of recovery shall be computed in the following manner:

 

(1)  Pursuant to (n) below, determine a rate of:

 

a.  10% of the assistance group's payment standard; or

 

b.  The nearest whole dollar closest to 10% of the assistance group’s payment standard to equalize issuance of semi-monthly payments pursuant to He-W 670.04 when 10% does not allow equal semi-monthly payments;

 

(2)  The result of (1) above shall be the maximum monthly amount recouped from the assistance group;

 

(3)  The amount shall be rounded as described in He-W 670.03(a)(3) in order to equalize payments for the period; and

 

(4)  Changes in the payment standard shall require:

 

a.  A recomputation of the recoupment rate and the repayment period; and

 

b.  Notice to the recipient.

 

          (i)  The recoupment amount shall not reduce the amount of the assistance payment to less than $0.00.

 

          (j)  A written repayment agreement shall be completed by the recipient whenever the individual chooses to repay an overpayment by direct payment in lieu of, or in addition to, a grant reduction.

 

          (k)  The repayment agreement shall be considered complete when the following is provided:

 

(1)  The individual’s name;

 

(2)  The period of overpayment;

 

(3)  The amount of the overpayment;

 

(4)  An indication of full or partial repayment;

 

(5)  The amount and frequency of payments;

 

(6)  The individual’s signature; and

 

(7)  The date the individual signed the agreement.

 

          (l)  The terms of a direct repayment shall be renegotiated at any time by completion of a new repayment agreement.

 

          (m)  Changes to an existing recoupment agreement shall require an advance notice period when the change results in a new overpayment added to the original overpayment.

 

          (n)  If the FANF casehead has been disqualified due to an intentional program violation pursuant to He-W 693.02, the rate described in (h)(1) above shall be $10 per month until the disqualification ends.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; amd by #6826, eff 8-3-98; amd by #6896, eff 12-1-98; amd by #8452, eff 10-22-05; amd by #8684, eff 7-21-06; ss by #10471, eff 11-26-13

 

          He-W 692.03  Erroneously Paid Medical Assistance.  Medical assistance which is erroneously paid on behalf of a client shall be subject to recovery if the erroneous payment is due to client error, withholding of information, or failure to comply with eligibility requirements.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8417, eff 9-1-05; ss by #10384, eff 9-1-13

 

PART He-W 693  FANF INTENTIONAL PROGRAM VIOLATIONS

 

          He-W 693.01  Applicability.  These rules shall apply to any individual who obtains, attempts to obtain, or aids or abets any individual in obtaining financial assistance to needy families (FANF) benefits to which the individual is not entitled.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6008, eff 3-24-95; ss by #7834, eff 2-24-03, ss by #9871, INTERIM, eff 2-24-11, EXPIRES: 8-23-11; ss by #9983, eff 8-23-11; ss by #12901, eff 10-22-19

 

          He-W 693.02  Intentional Program Violation.

 

          (a)  “Intentional program violation (IPV)” means a fraudulent act for which an individual intentionally provides false or misleading statements or information to the department. This term includes an individual’s intentional failure to disclose changes in resources or circumstances that would affect the receipt of or eligibility for receipt of financial assistance to needy families (FANF) benefits.

 

          (b)  An individual shall be found to have committed an IPV if the individual has:

 

(1)  Pled guilty or nolo contendere to, or otherwise been found guilty of, an IPV in state or federal court;

 

(2)  Been determined to have committed an IPV by a hearing officer following an administrative disqualification hearing on the alleged violation pursuant to He-W 693.03;

 

(3)  Executed a waiver of his or her right to an administrative disqualification hearing pursuant to He-W 693.04; or

 

(4)  Signed a consent agreement pursuant to He-W 693.05.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6008, eff 3-24-95; ss by #7834, eff 2-24-03, ss by #9871, INTERIM, eff 2-24-11, EXPIRES: 8-23-11; ss by #9983, eff 8-23-11; ss by #12901, eff 10-22-19

 

          He-W 693.03  Administrative Disqualification Hearing Procedures.

 

          (a) The department’s administrative appeals unit (AAU) shall conduct an administrative disqualification hearing (ADH) for an individual accused of an IPV in accordance with He-C 200 and these rules unless an individual executes a waiver of the ADH in accordance with He-W 693.04.

 

          (b)  The AAU shall consolidate an individual’s ADH with a pending administrative appeal hearing to be conducted in accordance with He-C 200 when they are based on the same or related circumstances provided that the individual receives prior notice of the consolidation.

 

          (c)  The department shall send written notice of the ADH to the accused individual at least 30 days in advance of the date of the scheduled ADH.

 

          (d)  The hearing officer shall postpone a scheduled hearing at the individual’s or the department’s request in accordance with He-C 205.09.

 

          (e)  If the individual requests a review of the eligibility file, the review shall be scheduled at least 10 days following the request for the review, unless the department can accommodate an earlier review.

 

          (f) The hearing officer shall determine an individual committed an IPV if the evidence demonstrates by clear and convincing evidence, as defined in He-C 203.14(a)(3), that the individual intentionally obtained, attempted to obtain, aided, or abetted in the receipt of benefits to which the individual was not otherwise entitled.

 

          (g)  The AAU shall issue decisions in accordance with He-C 203.22 and RSA 541-A:35.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6008, eff 3-24-95; ss by #7834, eff 2-24-03; ss by #9871, INTERIM, eff 2-24-11, EXPIRES: 8-23-11; ss by #9983, eff 8-23-11; ss by #12901, eff 10-22-19

 

          He-W 693.04  Waiver of the Administrative Disqualification Hearing.

 

          (a)  An individual accused of an IPV may waive his or her right to the ADH.

 

          (b)  An individual who chooses to waive his or her right to an ADH shall do so in writing by submitting the waiver form provided by the department entitled “Administrative FANF Disqualification Hearing Waiver” Form 402 (May 1996).

 

          (c)  If an individual waives his or her right to an ADH, the department shall impose the disqualification penalty and provide notice of the disqualification penalty pursuant to He-W 693.06.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6008, eff 3-24-95; ss by #7834, eff 2-24-03; ss by #9871, INTERIM, eff 2-24-11, EXPIRES: 8-23-11; ss by #9983, eff 8-23-11 (from He-W 693.05); ss by #12901, eff 10-22-19

 

          He-W 693.05  Court Actions on Consent Agreements.

 

          (a)  An individual accused of an IPV may sign an agreement, otherwise known as a consent agreement, pursuant to the approval by the prosecuting authority in which he or she admits to committing an IPV or at least agreeing to the finding and the resulting disqualification penalties.

 

          (b)  The consent agreement shall include the following information:

 

(1)  A statement for the accused individual to sign which demonstrates that he or she understands the consequences of signing the agreement; and

 

(2) A statement that informs the individual that signing the agreement will result in disqualification and might result in a reduction in payments to the household for the designated period of time as described in He-W 693.06.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6008, eff 3-24-95; ss by #7834, eff 2-24-03; ss by #9871, INTERIM, eff 2-24-11, EXPIRES: 8-23-11; ss by #9983, eff 8-23-11 (from He-W 693.06); ss by #12901, eff 10-22-19

 

          He-W 693.06  Disqualification Penalties.

 

          (a)  A disqualification penalty shall not be imposed until the individual has been found to have committed an IPV in accordance with He-W 693.02(b).

 

          (b)  An individual found to have committed an IPV shall be disqualified from receiving FANF benefits for the following period of time:

 

(1)  Six months for the first violation;

 

(2)  Twelve months for the second violation; or

 

(3)  Permanently for the third violation.

 

          (c)  FANF benefits for households with individuals who have been disqualified shall be determined as follows:

 

(1)  Count the income and resources for those individuals in the household found to have committed an IPV as 100% available deemed resources and deemed income to the FANF household; and

 

(2)  Calculate the disqualified individual’s earned income without applying the earned income disregard.

 

          (d)  A disqualification penalty imposed on an individual by the FANF state agency in another state shall be used in determining the disqualification penalty for that same individual in New Hampshire by adding the total number of IPVs committed by that individual in the other state and in New Hampshire.

 

          (e)  Recoupment of the FANF overpayment shall be conducted by the department in accordance with He-W 692.02, except that the department shall limit the recoupment amount during the time the individual is disqualified to the lesser of the percentage specified in He-W 692.02(h) or $10 per month from the FANF payments made to the household of the disqualified individual.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #6008, eff 3-24-95; ss by #7834, eff 2-24-03; ss by #9871, INTERIM, eff 2-24-11, EXPIRES: 8-23-11; ss by #9983, eff 8-23-11 (from He-W 693.02); ss by #12901, eff 10-22-19

 

PART He-W 694  FUNERAL AND BURIAL EXPENSES

 

          He-W 694.01  Funeral and Burial Expenses.

 

          (a)  The department shall pay up to $750 toward the funeral and burial expenses when a recipient of financial assistance dies, provided that:

 

(1)  The recipient does not have a prepaid burial contract;

 

(2)  The total cost of the funeral and burial does not exceed $1500;

 

(3)  The cost of the funeral and burial is not covered by:

 

a.  An insurance policy in which the presiding funeral director is the beneficiary; or

 

b.  Other burial funds as defined in 20 CFR 416.1231; and

 

(4)  The funeral director does not receive a death benefit or payments from friends or relatives which cover the entire cost of the deceased recipient's funeral and burial.

 

          (b)  If at the time of death the recipient owned any personal property resources as defined in He-W 601.06(n), these resources shall be applied toward the cost of the funeral and burial before the department shall consider making any payment up to the $750 limit described in (a) above.

 

          (c)  If an insurance policy or burial funds, as described in (a)(3) above, or other death benefits or payments from friends or relatives, as described in (a)(4) above, do not cover the entire cost of the funeral, then the department shall pay the difference between the total of all payments and the cost of the funeral, subject to the $750 and $1500 limits noted in (a) above.

 

          (d)  To request reimbursement for funeral and burial expenses of a deceased financial assistance recipient, the funeral director shall submit an itemized bill to the department and list:

 

(1)  The incurred expenses; and

 

(2)  Payments made, if any, with the name and address of the source providing the payment.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

 

PART He-W 695  RESERVED

 

Source.  (See Revision Note at Part heading for He-W 895)

 

PART He-W 696  NUTRITIONAL SUPPLEMENT FOR WORKING FAMILIES (NSWF)

 

          He-W 696.01  Purpose.  The purpose of Nutritional Supplement for Working Families (NSWF) is to offer working recipients of Supplemental Nutrition Assistance Program (SNAP) benefits a supplemental monthly assistance pursuant to 45 CFR 260.31(a)(1) to be used only to augment their families’ nutritional needs and help offset their other financial obligations.  Recipients of NSWF shall be counted in the department’s work participation rate pursuant to RSA 167:77-a,I(e).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97, EXPIRED: 10-24-05

 

New.  #10052, eff 12-20-11; ss by #13294, eff 11-24-21

 

          He-W 696.02  Nutritional Supplement for Working Families (NSWF).

 

          (a)  Nutritional Supplement for Working Families (NSWF) shall be provided, as funding and resources allow, to single parents residing with at least one dependent child, as defined by RSA 161-B:2, IV, who:

 

(1)  Are employed for at least 35 hours per week;

 

(2)  Are receiving SNAP benefits pursuant to 7 CFR 273.10; and

 

(3)  Do not receive:

 

a.  Any category of financial assistance offered by the department;

 

b.  Extended SNAP benefits pursuant to He-W 756.06; or

 

c.  SNAP benefits described in 7 CFR 273.10(e)(3).

 

          (b)  The child who resides with the parent pursuant to (a) above, shall:

 

(1)  Be under age 18; and

 

(2)  Not have another biological or adopted parent living in the home.

 

          (c)  The self-employed SNAP recipient shall be considered to have met the NSWF employment eligibility requirements in (a)(1) above when:

 

(1)  His or her net monthly self-employment profit is divided by the federal minimum wage;

 

(2)  The result of the calculation in (c)(1) above is divided by 4.33 to obtain average hours worked per week; and

 

(3)  The result of the calculation in (c)(2) above shall meet or exceed the figure described in (a)(1) above.

 

          (d)  NSWF shall:

 

(1)  Begin the next payroll period in which the criteria in He-W 696.02 are met, provided that the NSWF assistance group (AG) meets the criteria on the date payment is made;

 

(2)  Be issued pursuant to He-W 671.01 and He-W 670.04(a) and (c)-(e);

 

(3)  Be calculated by dividing the total amount of NSWF funding within the current fiscal year by the total number of currently eligible NSWF households and rounding the resulting figure down to the nearest dollar; and

 

(4)  Be used only to purchase SNAP-eligible items pursuant to 7 CFR 271.2.

 

          (e)  If the number of eligible NSWF households has increased to such a number that it would cause the depletion of NSWF funds before the end of the respective fiscal year, the standard monthly NSWF amount calculated pursuant to (d)(3) above shall be reduced to an amount that prevents the depletion of the NSWF funds before the end of that fiscal year.

 

          (f)  NSWF shall terminate:

 

(1)  For the entire AG when any of the eligibility requirements described in He-W 696.02 are not met;

 

(2)  For the entire AG when a NSWF recipient applies for any category of financial assistance pursuant to He-W 601.01(p); or

 

(3)  For all recipients when funding and resources within the current state fiscal year are no longer available to offer NSWF.

 

          (g)  If the NSWF recipient requests an administrative appeal pursuant to He-C 203.03 to review the department’s decision to terminate NSWF, the NSWF recipient:

 

(1)  Shall not continue to receive NSWF during the appeal process; and

 

(2)  Shall be denied an administrative appeal if the termination was due to reasons described in (f)(3) above, pursuant to He-C 203.03(g).

 

          (h)  The following provisions shall not apply to AGs receiving NSWF:

 

(1)  Receipt of payments under the emergency assistance program described in He-W 699.05(a)(2);

 

(2)  Exemption from the child care waitlist pursuant to He-C 6910.10(c);

 

(3)  The time limits on receipt of financial assistance described in He-W 602.05(a);

 

(4)  Receipt of employment support services pursuant to He-W 655;

 

(5)  The title IV-D requirements as defined in He-W 601.08(e); or

 

(6)  Receipt of NSWF for retroactive periods of time, as described in He-W 601.07(h).

 

          (i)  The department shall consider recipients of NSWF to have met all the requirements of He-W 637.03 by being employed for at least the minimum hours per week described in (a)(1) above.

 

          (j)  NSWF shall not be provided:

 

(1)  When an individual has applied for any category of financial assistance; or

 

(2)  While eligibility for any category of financial assistance is being determined.

 

          (k)  NSWF shall be deducted from the SNAP recipient’s EBT account and will no longer be available for use, if the benefit:

 

(1)  Was issued by the department in error;

 

(2)  Was issued by the department while the individual was ineligible for NSWF; or

 

(3)  Is not used for a period of 90 days pursuant to He-W 671.01(d).

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97, EXPIRED: 10-24-05

 

New.  #10052, eff 12-20-11; ss by #13294, eff 11-24-21

 

PART He-W 697  RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

PART He-W 698  BUY IN OF MEDICARE PART B

 

          He-W 698.01  Buy In of Medicare Part B.

 

          (a)  The department shall buy Medicare Part B coverage, as described in 42 USC 1395j, for individuals who are:

 

(1)  Determined to be categorically needy pursuant to He-W 602.04;

 

(2)  Determined to be eligible for Medicare Part B by the SSA; or

 

(3)  Recipients of FANF or adult category financial assistance, SSI, or medical assistance under the provisions of 42 CFR 435.114 or 42 CFR 435.135.

 

          (b)  The effective date of the buy-in of Medicare Part B coverage shall be the first day of the month in which the individual meets all the criteria in (a) above.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05; ss by #10471, eff 11-26-13

 

PART He-W 699  SPECIAL PAYMENT SITUATIONS

 

          He-W 699.01  RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91

 

          He-W 699.02  Post Office Boxes and General Delivery Mailing Addresses.

 

          (a)  Notices, letters, or any other correspondence from the department relative to programs administered by the department shall be mailed to a post office box or general delivery address only when the client lives in an area where home delivery of mail is not available, or the area is subject to extensive mail pilferage.

 

          (b)  The client shall provide verification in writing of the reason for the request to have mail sent to an address other than the residence address.

 

          (c)  If use of a post office box or general delivery mailing address is not verified, the department mail described in (a) above shall be mailed to the residence address.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06; ss by #10743, eff 12-12-14

 

          He-W 699.03  RESERVED

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6825, eff 8-3-98, EXPIRED: 8-3-06

 

          He-W 699.04  Deceased Recipients.

 

          (a)  Assistance payments shall be returned to the department by any person having possession of such payments when:

 

(1)  They are received after the death of the recipient;

 

(2)  They are uncashed at the time of the recipient's death;

 

(3)  They cannot be delivered; or

 

(4)  They are the unused portion of previous benefits remaining in the EBT account.

 

          (b)  Amounts deposited through EFT into the account of a deceased recipient which have not yet been spent to cover the deceased recipient’s expenses described in (c), below, shall be returned to the department by:

 

(1)  The administrator of the deceased recipient’s estate;

 

(2)  The joint owner of the account; or

 

(3)  Any person with access to the deceased recipient’s account.

 

          (c)  When a deceased client's payment is returned, vendors who meet the criteria of He-W 686.01 shall be reimbursed:

 

(1)  For expenses included in the client's grant that:

 

a.  Were incurred prior to the death of the client; and

 

b.  Would have been covered by the returned payment; and

 

(2)  only for expenses which were incurred during the month of the client’s death.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRES: 10-25-97; ss by #6614, eff 10-24-97; ss by #6825, eff 8-3-98; ss by #8684, eff 7-21-06; ss by #10743, eff 12-12-14

 

He-W 699.05  Emergency Assistance.

 

(a)  The department shall operate the following emergency assistance programs:

 

(1)  An emergency assistance program pursuant to 45 CFR 233.120 to assist families to secure or retain permanent housing; and

 

(2)  An emergency assistance program pursuant to RSA 167:7,V and 167:86 to provide payments to remove obstacles to employment.

 

(b)  To be financially eligible to receive emergency assistance to secure or retain permanent housing the family shall meet one of the following:

 

(1)  Be eligible for and receiving FANF financial assistance;

 

(2)  Be categorically and financially eligible for FANF financial assistance according to the requirements described throughout He-W 600 but not be receiving it; or

 

(3)  Meet all the categorical and financial requirements to receive FANF financial assistance, as described in (b)(2) above, except that the caretaker relative shall not be required to meet the definition of a specified relative, as defined in He-W 601.07(n), provided that the children did live with a specified relative, as so defined, within 6 months prior to the month in which the emergency assistance is requested, pursuant to 45 CFR 233.120(b)(1)(i)-(iv).

 

(c)  When determining financial eligibility for emergency assistance to secure or retain permanent housing, the income and resources of all eligible children, and a specified relative as defined in He-W 601.07(n) and his or her spouse, shall be combined and compared to the FANF payment standard for the appropriate assistance group (AG) size as defined in He-W 658.02, and FANF resource limits, as defined in He-W 656.06, whether the family is receiving FANF financial assistance or not.

 

(d)  Non-financial eligibility requirements for emergency assistance to secure or retain permanent housing shall be as follows:

 

(1)  The department has received a written request for assistance from the applicant, as indicated in (e) below;

 

(2)  The applicant shall verify pursuant to He-W 606.104(b) that the AG is experiencing or is threatened with homelessness or unsafe or unhealthy living conditions;

 

(3)  The applicant:

 

a.  Has complied with all other verification requirements of He-W 606.104; and

 

b.  Is not under sanction pursuant to RSA 167:79, VI(b)-(d) or RSA 167:82, III(c)-(g) at the time of application or at any time during the eligibility determination process for emergency assistance and individuals in sanction that have a plan to cure and are actively engaging in curing their sanction with NHEP shall be eligible to apply for emergency assistance;

 

(4)  The applicant's residence shall be currently occupied and:

 

a.  Owned by any of the individuals whose needs, income and resources are used to determine eligibility for emergency assistance;

 

b.  Jointly owned with:

 

1.  An individual whose needs, income and resources are used to determine eligibility for emergency assistance; or

 

2.  The individual's spouse or adult child who resides on the property; or

 

c.  Be owned on a future date by any of the individuals cited in (4)a. and b. above, pursuant to a court order which awards the property to the individuals(s) and specifies that the property will be transferred; and

 

(5)  The applicant’s need for emergency assistance is not due to:

 

a.  Voluntarily quitting a job of at least 20 hours a week within 60 days of applying for emergency assistance unless the reason for voluntarily quitting meets the good cause criteria pursuant to RSA 167:82,III(c)-(d); or

 

b.  Any of the reasons described in RSA 167:79,VI(b)-(d), and RSA 167:82,III(c)-(g).

 

(e)  The applicant shall submit a signed and dated written request for emergency assistance to secure or retain permanent housing to the district office, which contains the following information:

 

(1)  The type of emergency situation, including time periods, if the request is for a rental, mortgage principal and/or interest, or utility/fuel delivery arrearages;

 

(2)  The specific type of assistance required; and

 

(3)  The amount of assistance requested.

 

(f)  The following types of expenses shall be the only expenses authorized under the emergency assistance to secure or retain permanent housing program:

 

(1)  Rental security deposits and/or first month’s rent required to obtain housing, provided that the monthly rental expense does not exceed 100% of the AG’s total monthly income;

 

(2)  The minimum amount of back rent required to retain current housing, provided that:

 

a.  The period the back rent is intended to cover has expired; and

 

b.  If the monthly rent obligation exceeds 100% of the AG’s total monthly income, the AG provides a signed and dated statement from any person or entity indicating the intent to assure and/or assist in maintaining the AG’s monthly rent obligation;

 

(3)  The minimum amount of back mortgage principal and interest required to retain current housing, provided that:

 

a.  The period the back mortgage principal and interest is intended to cover has expired; and

 

b.  If the monthly mortgage obligation exceeds the AG’s total monthly income, the AG provides a signed and dated statement from any person or entity indicating the intent to assure and/or assist in maintaining the AG’s monthly mortgage obligation;

 

(4)  Utility deposits required to obtain heat, electricity, water, sewer, and gas service;

 

(5)  Utility arrearages to prevent termination of heat, electricity, water, sewer, and gas service; and

 

(6)  Deliveries of home heating fuel to provide the client with heat, including:

 

a.  A current fuel delivery; or

 

b.  Payment of the cost of the most recent fuel delivery arrearage which will allow for a current fuel delivery.

 

(g)  The AG shall meet the following conditions for the permanent housing expense requested:

 

(1)  The client shall provide verification of the emergency situation specified in (e) and (f) above pursuant to He-W 606.104;

 

(2)  If the rental or utility security deposit request exceeds the maximum allowed by the department, the AG shall verify one of the following pursuant to He-W 606.104(b):

 

a.  That the remainder of the deposit will be secured;

 

b.  A payment plan has been arranged for the balance of the deposit; or

 

c.  The payment authorized by the department will secure the housing;

 

(3)  If the amount of the back rent, mortgage principal and interest, or utility arrearage exceeds a 2-month period, the AG shall verify the following pursuant to He-W 606.104(b):

 

a.  The remainder of the back rent, mortgage principal and interest, or the utility arrearage will be secured;

 

b. Payment of a 2-month portion will prevent eviction, foreclosure, or termination of utilities; or

 

c.  A payment plan has been arranged for the remainder of the bill;

 

(4)  For utility deposits, utility arrearages, and deliveries of home heating fuel requests, the client shall verify the following pursuant to He-W 606.104(b):

 

a.  That all sources of energy assistance have been exhausted;

 

b.  That the AG is ineligible for energy assistance; or

 

c.  That energy assistance cannot be provided in time to meet the emergency need; and

 

(5) If the amount requested for home heating fuel exceeds the maximum allowed by the department, the AG shall verify one of the following pursuant to He-W 606.104(b):

 

a.  That the remainder of the cost will be secured;

 

b. A payment plan has been arranged with the home heating fuel company for the remainder of the cost; or

 

c. The payment authorized by the department will secure a current home heating fuel delivery.

 

(h)  The maximum amount of emergency assistance to secure or retain permanent housing shall be authorized as follows:

 

(1)  For rental security deposits and/or first month’s rent, $650;

 

(2)  For utility deposits, the amount charged by the utility provider;

 

(3)  For deliveries of home heating fuel, $700; and

 

(4)  A 2-month period for rent, mortgage principal and interest, or utility arrearages.

 

(i)  The following shall apply to authorizations of emergency assistance to secure or retain permanent housing:

 

(1)  An emergency assistance request for the same item shall only be approved by the department more than once in a 12-month consecutive period in the following circumstances:

 

a.  Until the maximum amount specified in (h)(3) above is reached, home heating fuel can be authorized up to 6 times in the 12 consecutive months; and

 

b.  A rental security deposit that would enable the client to change residences can be authorized more than once in a 12-month consecutive period, provided the that the landlord has returned or will return the previously authorized deposit to the department;

 

(2)  The department shall authorize payment for either a rental security deposit or a back rent or mortgage principal and interest arrearage, but not both, in the same 30-day period;

 

(3)  The AG shall be:

 

a.  Allowed to retain a total of $250 of the following cash resources, or resources readily converted to cash, which belong to the recipient and his or her spouse if residing with the recipient:

 

1.  Personal property resources, as defined in He-W 601.06(n);

 

2.  Resources resulting from accumulation of types of income excluded by federal mandate; and

 

3.  Accumulation of federal, state, and local income tax refunds; and

 

b.  Required to apply any remaining amounts of these resources toward the emergency situation before emergency assistance for permanent housing services can be authorized;

 

(4)  The department shall send written notification of the eligibility decision to the applicant within 15 working days of the date the application for emergency assistance is received by the district office;

 

(5)  The notice of decision described in (4) above shall include the following:

 

a.  The eligibility decision;

 

b.  The reason for the decision, if the emergency assistance request is denied; and

 

c.  The resource computation, if the full amount of the request was reduced by the client's personal property resources; and

 

(6)  Emergency assistance payments to secure or retain permanent housing shall be paid to the provider of the service, and shall not be paid to the client.

 

(j)  Recipients of FANF financial assistance who are participating in NHEP work activities pursuant to He-W 637, shall be authorized to receive payments, as funding allows, to resolve employment related obstacles essential and directly related to the NHEP participant obtaining or keeping employment, or to resolve employment-related obstacles in direct relationship to his/her ability to participate or remain in an approved NHEP activity, as specified on the employability plan, when:

 

(1)  The NHEP representative and the NHEP participant have agreed upon a vocational goal;

 

(2)  The NHEP participant has participated in assessment interview(s) and has developed an employability plan that has been approved by the NHEP representative;

 

(3)  Removal of the employment obstacle has been:

 

a.  Documented as necessary by the NHEP participant’s employer or potential employer; or

 

b. Determined as necessary by the NHEP representative after assessing the NHEP participant’s need to resolve employment-related barriers in direct relationship to his/her ability to participate or remain in an approved NHEP activity as specified on the employability plan, pursuant to He-W 637.12;

 

(4)  Employment obstacle assistance is necessary to remedy the existing sanction for NHEP participants who are currently under sanction pursuant to He-W 637.08; and

 

(5)  The NHEP participant is enrolled in an approved activity and is:

 

a.  Complying for the hours identified on the employability plan or making a good faith effort to participate if just beginning an approved activity; and

 

b.  Meeting the verification requirements at He-W 637.03.

 

(k)  Employment obstacles shall include, but not be limited to:

 

(1)  Car insurance expenses at the usual and customary rates excluding higher rates due to accidents, violations or other causes, up to a maximum of $750 per state fiscal year;

 

(2)  Car registration fees, up to a maximum of $350 per state fiscal year;

 

(3)  Driver’s license fees or replacement fee, up to a maximum of $90 per state fiscal year;

 

(4)  Work clothing expenses, not including uniforms, needed for job interviews or to begin employment, up to a maximum of $200 per state fiscal year;

 

(5)  Personal care items or services including but not limited to haircuts, deodorant, shampoo, toothpaste, toothbrush, and razors, up to a maximum of $25 per state fiscal year; and

 

(6)  Adult cosmetic dental care for services not covered by Medicaid, up to a maximum of $1500.

 

(l)  The total of all payments for emergency assistance to remove the obstacles to employment specified in (k)(1) through (5) above shall not exceed $750 per individual per state fiscal year.

 

(m)  The maximum limit for adult cosmetic dental care identified in (k)(6) above shall be considered a separate payment limit from the limit for items cited in (k)(1) through (5) above and assistance for this service shall be available regardless of any other payments received in (k)(1) through (5).

 

(n)  Payment for the services identified in (k)(2) and (3) above shall be paid directly to the client.

 

(o)  Payment for the services identified in (k)(4) and (5) above shall be either paid directly to the client or the provider of these items or services.

 

(p)  Payment for the services identified in (k)(1) and (6) shall be paid directly to the provider of these items or services.

 

(q)  Clients shall provide a signed and dated receipt or written statement from the service provider indicating that the payment received was actually spent on the authorized services identified in (k)(2), (3), (4) and (5) above if the payment was made to the client.

 

(r)  When clients receiving direct payment for services do not provide verification as specified in (q) above that the payment received was actually spent on the authorized services identified in (k)(2), (3), (4) and (5) above, the NHEP representative shall:

 

(1)  Request that the department put a credit balance on the client’s support service check for the amount of payment owed; or

 

(2)  Make a referral to the department’s office of special investigations when fraud is suspected.

 

(s)  If the employment-related obstacle request exceeds the maximum emergency assistance payment limits specified in He-W 699.05(k) above, before the maximum emergency assistance payment is authorized the NHEP participant shall demonstrate:

 

(1)  That the payment authorized by the department is sufficient to remove the employment related obstacle; and

 

(2)  How the remainder of the request shall be secured or that a payment plan has been arranged for the remainder of the bill.

 

(t)  The following shall apply to authorizations of emergency assistance to remove obstacles to employment:

 

(1)  There shall be no limit to the number of times emergency assistance for employment related obstacles can be approved per state fiscal year so long as the maximum payment limits specified in (k) above are not exceeded; and

 

(2)  Authorization for an emergency assistance request to remove employment related obstacles shall be limited to the maximum dollar limits, described in He-W 699.05(l) and He-W 699.05(m) above, per state fiscal year.

 

(u)  Emergency assistance payments shall be denied when funds for the programs are no longer available.

 

Source.  (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #5370, eff 4-13-92; amd by #6672, eff 1-26-98; ss by #6754, eff 5-20-98; amd by #7206, eff 3-1-00; amd by #7415, EMERGENCY, eff 12-15-00, EXPIRED: 6-13-01; ss by #7497, eff 6-14-01; amd by #7714, eff 7-1-02; paragraphs (j)-(k) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; paragraphs (j)-(k) amd by #8869, eff 4-19-07; paragraph (h) amd by #9300, EMERGENCY RULE, eff 10-21-08, EXPIRES: 4-19-09; ss by #9434, eff 4-1-09; amd by #9642, eff 2-1-10; ss by #10860, eff 6-30-15; amd by #12697, eff 12-31-18

 

          He-W 699.06  Special Needs Payments for OAA, ANB, and APTD Financial Assistance Recipients.

 

Source.  #7455, EMERGENCY, eff 2-23-01, EXPIRED: 8-22-01

 

 

APPENDIX

 

Rule

Specfic State Statutue the Rule Implements

He-W 601.01(a)

RSA 161-B:2,XIV, RSA 167:3-c,I, RSA 167:6,V, RSA 167:79,II,

RSA 170-B:2,XII

He-W 601.01(b)

RSA 167:3-c,I, RSA 167:6,V, RSA 170-B:2,I, Section 419 of PRWORA (PL 104-193), 42 U.S.C 619(1)

He-W 601.01(c)

RSA 161:2,I, RSA 167:3-c,I & XII, RSA 167:4,I, RSA 167:6,I, IV, VI, & IX, RSA 167:8,I, 42 CFR 435.4, 45 CFR 233.20(a), Section 1006 of the Social Security Act (SSA) [42 USC 1206], Section 1405 of the SSA [42 USC 1355], Section 1605 of the SSA [42 USC 1385 note]

He-W 601.01(d)

RSA 167:3-c,I, RSA 167:83,II(b), 45 CFR 206.10(a)(4)

He-W 601.01(e)

RSA 167:3-c,I, RSA 167:83,II(b), 45 CFR 206.10(a)(4)

He-W 601.01(f)

RSA 167:3-c,I, 38 CFR 3.352

He-W 601.01(g)

RSA 167:3-c,I, RSA 167:4,I, RSA 167:6,V, 42 CFR 435.4, 45 CFR 233.20(a), Section 401 of the SSA [42 USC 601]

He-W 601.01(h)

RSA 161:2,I, RSA 167:3-c,I, RSA 167:4,I, RSA 167:6,IV, RSA 167:8,I, 42 CFR 435.4, 45 CFR 233.20(a), Section 1006 of the SSA [42 USC 1206], Section 1605 of the SSA [42 USC 1385 note]

He-W 601.01(i)

RSA 161:2,I, RSA 167:3-c,I, RSA 167:6,VI, RSA 167:8,I, 42 CFR 435.4, 45 CFR 233.20(a), Section 1405 of the SSA [42 USC 1355], Section 1605 of the SSA [42 USC 1385 note]

He-W 601.01(j)

RSA 167:3-c,I, 8 CFR 215.1(a), Section 1137(d) of the SSA [42 USC 1320b-7(d)]

He-W 601.01(k)

RSA 167:3-c,I, RSA 167:7,IV, RSA 167:80, Section 459(i)(3) of the SSA [42 USC 659(i)(3)]

He-W 601.01(l)

RSA 167:3-c,I, RSA 167:4,I, RSA 167:7,IV, RSA 167:80

He-W 601.01(m)

RSA 167:3-c,I, RSA 167:4,IV(b) & (e), RSA 167:7,IV, RSA 167:14-a, RSA 167:80, RSA 167:81, Section 1613(c) of the SSA (42 USC 1382b(c)), Section 1917(c) of the SSA (42 USC 1396p(c))

He-W 601.01(n)

RSA 167:3-c,I, RSA 167:8,I, RSA 167:78,II, RSA 167:79,III(g), 45 CFR 206.10(b)(1)-(2)

He-W 601.01(o)

RSA 167:3-c,I, RSA 167:4,I, RSA 167:6,I, IV, VI, & VIII, RSA 167:8,I, 42 CFR 435.4, Section 1614(b) of the SSA [42 USC 1382c(b)]

He-W 601.01(p)

RSA 167:3-c,I, RSA 167:8,I, RSA 167:78,II, RSA 167:79,III(g), 45 CFR 206.10(b)(1)-(2)

He-W 601.01(q)

RSA 167:3-c,I, Section 407 of PRWORA (PL 104-193), 42 USC 608(b)

He-W 601.01(r)

RSA 167:3-c,I, RSA 167:4,I, RSA 167:7,IV, RSA 167:14-a, RSA 167:80, RSA 167:81, Section 1613 of the SSA [42 USC 1382b]

He-W 601.01(s)

RSA 161-C:22, RSA 167:3-c,I, RSA 167:6,V, Section 408(a)(3) of the SSA [42 USC 608(a)(3)]

He-W 601.01(t)

RSA 161-B:2,XIII, RSA 167:3-c,I, 45 CFR 234.11, 45 CFR 260.31, Section 1605 of the SSA [42 USC 1385 note]

He-W 601.01(u)

RSA 167:3-c,I, RSA 167:79,II, 45 CFR 206.10(b)(5)

He-W 601.01(v)

RSA 167:3-c,I, Section 1137(d) of the SSA [42 USC 1320b-7(d)], 8 USC 1158

He-W 601.01(w)

RSA 167:3-c,I, RSA 167:83,III(b), 42 CFR 435.908, 45 CFR 206.10(a)(1)(iii)

He-W 601.01 (x)

RSA 167:3-c,I, RSA 167:4,I, RSA 167:7,IV, RSA 167:80

He-W 601.01 (y)

42 CFR 435.908 45, CFR 206.10(a)(1)(iii)

He-W 601.01 (z)

RSA 167:4 45, CFR 233.20(a)(6)

He-W 601.02(a)

RSA 167:3-c,I & II, RSA 167:7,II-III, 45 CFR 233.20(a)(2)

He-W 601.02(b)

RSA 167:3-c,I & II, RSA 167:7,II-III, 45 CFR 233.20(a)(2)

He-W 601.02(c)

RSA 167:3-c,I, Section 1612(a)(2)(g) of the SSA[42 USC 1382a(a)(2)(g)]

He-W 601.02(d)

RSA 167:3-c,I

He-W 601.02(e)

RSA 167:3-c,I, RSA 167:79,II, 45 CFR 206.10(b)(5)

He-W 601.02(f)

RSA 167:3-c,I, 45 CFR 233.20(a)(3)(i)(B)(3), Section 1613 of the SSA [42 USC 1382b]

He-W 601.02(g)

RSA 167:3-c,I

He-W 601.02(h)

RSA 167:3-c,I, RSA 167:78,III, RSA 167:79,II, 45 CFR 206.10(a)(1)(vii)

He-W 601.02(i)

RSA 167:3-c,I, 45 CFR 206.10(a)(8)

He-W 601.02(j)

RSA 167:3-c,I, 45 CFR 206.10

He-W 601.02(k)

RSA 167:3-c,I, RSA 167:79,II, RSA 167:82,VII, 45 CFR 233.20

He-W 601.02(l)

RSA 161:2,I, RSA 161-B:2,XIII, RSA 167:3-c,I, RSA 167:4,I

He-W 601.02(m)

RSA 161:2,I, RSA 161-B:2,XIII, RSA 167:3-c,I

He-W 601.02(n)

RSA 161-B:2,I, RSA 167:3-c,I, Section 1930(d)(1) of the Social Security Act [42 USC 1396u]

He-W 601.02(o)

RSA 167:3-c,I, RSA 167:78,VI, 45 CFR 260.30, 42 USC 619(2)

He-W 601.02(p)

RSA 167:3-c,I, 42 CFR 435.406, 42 CFR 435.407, Section 1137(d) of the SSA [42 USC 1320b-7]

He-W 601.02(q)

RSA 167:3-c,I, 45 CFR 206.10(a)

He-W 601.02(r)

RSA 126-A:19, RSA 126-A:20, RSA 167:3-c,I, Section 1930 of the SSA [42 USC 1396u]

He-W 601.02(s)

RSA 167:3-c,I

He-W 601.02(t)

RSA 167:3-c,I, 45 CFR 233.20(a)(12)

He-W 601.02(u)

RSA 167:3-c,I, 45 CFR 233.20, Section 1612 of the SSA[42 USC 1382a]

He-W 601.02(v)

RSA 167:3-c,I, 45 CFR 233.20, Section 1613 of the SSA [42 USC 1382b]

He-W 601.03(a)

RSA 167:3-c,I, 45 CFR 206.10(b)(3)

He-W 601.03(b)

RSA 167:3-c,I, RSA 167:7,IV, RSA 167:80, 45 CFR 233.20(a)(2)-(a)(3)

He-W 601.03(c)

RSA 167:3-c,I, RSA 167:7,IV, RSA 167:81, 45 CFR 233.20(a)(2)-(a)(3)

He-W 601.03(d)

RSA 167:3-c,I, 24 CFR 5.100, 42 USC 1437f

He-W 601.03(e)

RSA 161-B:2,II & IV, RSA 167:3-c,I, RSA 167:6,V, RSA 167:78,VI, XV, & XXIII, 42 CFR 435.510, 45 CFR 233.39, 45 CFR 260.30, 45 CFR 263.2(b)(2), 42 USC 619(2)

He-W 601.03(a)

RSA 167:3-c,I, 45 CFR 206.10(b)(3)

He-W 601.03(f)

RSA 167:3-c,I, RSA 167:6,V, RSA 167:79,I, RSA 167:84,I

He-W 601.03(g)

RSA 167:3-c,I, RSA 167:83,II(c), 45 CFR 206.10(a)(9)(iii)-(iv)

He-W 601.03(h)

RSA 167:3-c,I, RSA 167:4,I, 45 CFR 233.20(a)(2)-(a)(3) &(a)(6)-(a)(11)

He-W 601.03(i)

RSA 167:3-c,I

He-W 601.03(j)

RSA 167:3-c,I, RSA 167:83,II(c) & (l)

He-W 601.03(k)

RSA 167:3-c,I, RSA 167:7,IV, RSA 167:78,VII, RSA 167:80, 45 CFR 233.20(a)(2)-(a)(3)

He-W 601.03(l)

RSA 167:3-c,I & IX, RSA 167:4,I, 45 CFR 233.20(a)(2)-(a)(3) & (a)(6)-(a)(11)

He-W 601.03(m)

RSA 161:2,I, RSA 167:3-c,I, Section 404(g) of PRWORA (P.L. 104-193)

He-W 601.03(n)

RSA 161:2,I, RSA 167:3-c,I, Section 404(g) of PRWORA (P.L. 104-193)

He-W 601.03(o)

RSA 167:3-c,I, RSA 167:3-c,IX, RSA 167:4,I, 45 CFR 233.20(a)(2)-(a)(3) & (a)(6)-(a)(11)

He-W 601.03(p)

RSA 167:3-c,I, RSA 167:3-c,IX, RSA 167:4,I, 45 CFR 233.20(a)(2)-(a)(3) & (a)(6)-(a)(11)

He-W 601.03(q)

RSA 167:3-c,I, RSA 167:78,VIII, RSA 167:79,III(a), RSA 167:82, RSA 167:83,II(o), 45 CFR 261.10

He-W 601.03(r)

RSA 167:3-c,I, RSA 167:13, RSA 167:14, RSA 167:14-a, RSA 167:28

He-W 601.03(s)

RSA 167:3-c,I, 45 CFR 233.20(a)(2)-(a)(3)

He-W 601.03(t)

RSA 167:3-c,I, RSA 167:4,I, RSA 167:7,IV, RSA 167:80, 45 CFR 233.20(a)(2)-(a)(3)

He-W 601.03(u)

RSA 167:3-c,I, RSA 167:4,I, RSA 167:7,IV, RSA 167:81, 45 CFR 233.20(a)(2)-(a)(3), Section 1613 of the SSA [42 USC 1382b]

He-W 601.04(a)

45 CFR 233.20(a), Section 1613 of the SSA [42 USC 1382b]

He-W 601.04(b)

RSA 167:4,I(b), 45 CFR 233.20(a)(2)-(3), Section 1613 of the SSA [42 USC 1382b]

He-W 601.04(c)

42 CFR 435.4, 45 CFR 233.20(a)(15)(i), 45 CFR 263.2(b)(2), 42 USC 608(a)(1)

He-W 601.04(d)

RSA 161-B:2,XIII, RSA 167:77-a,I, RSA 167:78,X, RSA 167:84, 45 CFR 260.30, Section 402 of the SSA [42 USC 602], 42 USC 608(a)(1)

He-W 601.04(e)

RSA 161-B:2,XIII, RSA 161:4-a,IX, RSA 167:77-a,I, RSA 167:78,VI, 42 USC 608(a)(1)

He-W 601.04(f)

42 CFR 435.4, 45 CFR 233.20(a)(15)(i), 45 CFR 263.2(b)(2), 42 USC 608(a)(1)

He-W 601.04(g)

RSA 161-B:2,XIII, RSA 161:4-a,IX, RSA 167:77-a,I, RSA 167:77-e, RSA 167:78,X, RSA 167:84, 45 CFR 260.30, Section 402 of the SSA [42 USC 602], 42 USC 608(a)(1)

He-W 601.04(h)

45 CFR 233.20(a)(15)(i)

He-W 601.04(i)

RSA 161:4-a,V, RSA 167:83,II(l)

He-W 601.04(j)

45 CFR 233.20(a)(2)-(3), Section 1613 of the SSA [42 USC 1382b]

He-W 601.04(k)

45 CFR 233.20(a)(3)(viii)

He-W 601.04(l)

Section 1917(d)(2)(A) of the SSA [42 USC 1396p(d)(2)(A)]

He-W 601.04(m)

45 CFR 233.20(a)(6)

He-W 601.04(n)

45 CFR 233.20(a)(6)

He-W 601.04(o)

45 CFR 233.20(a)(2)-(3) & (a)(6)

He-W 601.04(p)

45 CFR 233.20(a), Section 1613 of the SSA [42 USC 1382b]

He-W 601.04(q)

Section 1929 of the SSA [42 USC 1396t]

He-W 601.04(r)

24 CFR 5.100

He-W 601.04 (s)

RSA 167:3-c

He-W 601.05(a)

8 CFR 1.2, 8 CFR 101.1, 8 CFR 215.1(a), Section 1137(d) of the SSA [42 USC 1320b-7]

He-W 601.05(b)

RSA 167:3-c,I, 42 CFR 435.121(e)(4), 42 CFR 435.301(a)(1)(ii), Section 1902(a)(10) of the SSA [42 USC 1396a(a)(10)], Section 1905(a) of the SSA [42 USC 1396d(a)]

He-W 601.05(c)

RSA 167:3-c,I, RSA 167:80, 45 CFR 233.20(a)(2)-(3)

He-W 601.05(d)

RSA 167:3-c,I, RSA 167:7,I-a(a)

He-W 601.05(e)

RSA 167:3-c,I, RSA 167:78,XI, RSA 167:79,IV(b), Section 1611(e)(1)(A) of the SSA [42 USC 1382(e)(1)(A)]

He-W 601.05(f)

RSA 151, RSA 167:3-c,I, 42 CFR 435.1009, Section 1919(a) of the SSA [42 USC 1396r(a)]

He-W 601.05(g)

RSA 167:3-c,I

He-W 601.05(h)

RSA 161-B:1, RSA 167:3-c,I, RSA 167:8,I, RSA 167:83,II(l), Section 408 of the SSA [42 USC 608]

He-W 601.05(i)

RSA 161-B:2,XIII, RSA 167:3-c,I, RSA 161:4-a,IX, RSA 167:6,V, RSA 167:77-a,I(a), RSA 167:78,VI, 42 USC 608(a)(1)

He-W 601.05(j)

RSA 167:3-c,I, Section 1917(d)-(e) of the SSA [42 USC 1396p(d)-(e)]

He-W 601.05(k)

RSA 167:3-c,I

He-W 601.05(l)

RSA 167:3-c,I, RSA 167:6,VII

He-W 601.05(m)

RSA 161-B:1, RSA 161-B:2,XI, RSA 167:3, RSA 167:3-a, RSA 167:3-b;

42 CFR 435.602

He-W 601.05(n)

RSA 151, RSA 167:3-c,I, Section 1930(d) of the SSA [42 USC 1396u(d)]

He-W 601.05(o)

RSA 167:3-c,I, Section 1613 of the SSA [42 USC 1382b]

He-W 601.05(p)

RSA 167:3-c,I, Section 1902(a)(10) of the SSA [42 USC 1396a(a)(10)], Section 1905(a) of the SSA [42 USC 1396d(a)], Section 2110 of the SSA [42 USC 1397jj]

He-W 601.05(q)

RSA 167:3-c,I, RSA 167:68, Section 1902(a)(10) of the SSA [42 USC 1396a(a)(10)], Section 2110 of the SSA [42 USC 1397jj]

He-W 601.05(r)

RSA 167:3-c,I, RSA 167:78,XVI, 45 CFR 233.107

He-W 601.05(s)

RSA 161-B:2,XIV, RSA 167:3-c,I

He-W 601.05(t)

RSA 167:3-c,I

He-W 601.05(u)

RSA 167:3-c,I, RSA 167:80, 45 CFR 233.20(a)(2)-(3)

He-W 601.05(v)

RSA 167:3-c,I, RSA 167:78,XVII, RSA 167:80, 45 CFR 233.20(a)(2)-(3)

He-W 601.05(w)

RSA 167:3-c,I, RSA 167:79, RSA 167:82, RSA 167:83,II(o), RSA 167:85, 42 USC 604(f)

He-W 601.05(x)

RSA 167:3-c,I, RSA 167:78,II

He-W 601.05(y)

RSA 167:3-c,I, RSA 167:83,II(b), 45 CFR 206.10(a)(4)

He-W 601.05(z)

RSA 151, RSA 167:3-c,I, Section 1919(a) of the SSA [42 USC 1396r(a)], Section 2005(a)(5) of the SSA [42 USC 1397d(a)(5)]

He-W 601.06(a)

RSA 161-B:2,XIII, RSA 167:3-c,I, RSA 167:83,II(i), 45 CFR 233.20(a)(12)(i)

He-W 601.06(b)

RSA 161-B:2,XIV, RSA 167:3-c,I, RSA 170-B:2,XII, 45 CFR 206.10

He-W 601.06(c)

RSA 161-B:2,XIV, RSA 167:3, RSA 167:3-c,I

He-W 601.06(d)

RSA 167:3-c,I

He-W 601.06(e)

RSA 167:3-c,I, RSA 167:4,I(b) & IV, RSA 167:81, Section 1612(a)(2)(G) of the SSA [42 USC 1382a(a)(2)(G)], Section 1613(e) of the SSA [42 USC 1382b(e)], Section 1917(d) of the SSA [42 USC 1396p(d)]

He-W 601.06(f)

RSA 161-B:2,XIII, RSA 167:3-c,I, RSA 167:83,II(e)-(f)

He-W 601.06(g)

RSA 167:3-c,I-II, RSA 167:7,II & III, RSA 167:79,III(e), RSA 167:83,II(e), 45 CFR 233.20(a)

He-W 601.06(h)

RSA 167:3-c,I, RSA 167:4,III-a, Section 1613(c) of the SSA [42 USC 1382b(c)]

He-W 601.06(i)

RSA 167:3-c,I, RSA 167:4,III-a, RSA 167:83,II(e), Section 1613(c) of the SSA [42 USC 1382b(c)]

He-W 601.06(j)

RSA 161:2,I, RSA 167:3-c,I, RSA 167:6,VI, Section 1614(a)(3) of the SSA [42 USC 1382c(a)(3)]

He-W 601.06(k)

RSA 161:2,I, RSA 167:3-c,I

He-W 601.06(l)

RSA 167:3-c,I, RSA 167:8,I, RSA 167:79,III(j), 45 CFR 206.10

He-W 601.06(m)

RSA 167:3-c,I, RSA 167:28, RSA 167:81, 45 CFR 233.20(a)(3)

He-W 601.06(n)

RSA 167:3-c,I, RSA 167:28, RSA 167:79,III(f), RSA 167:81, 45 CFR 233.20(a)(3)

He-W 601.06(o)

RSA 167:3-c,I, 20 CFR 416.1180-.1182

He-W 601.06(p)

RSA 167:3-c,I, RSA 167:6,V, RSA 167:77-e, RSA 167:82,VI, Section 1902(a)(10) of the SSA [42 USC 1396a], Section 1931 of the SSA [42 USC 1396u-1

He-W 601.06(q)

RSA 167:3-c,I, RSA 167:79,IV(b), Section 1611(e) of the SSA [42 USC 1382(e)], Section 1902(a)(9)(A) of the SSA [42 USC 1396a]

He-W 601.06(r)

RSA 167:3-c,I, RSA 167:81, Section 1613 of the SSA [42 USC 1382b],

45 CFR 233.20(a)(3)

He-W 601.06(s)

RSA 167:3-c,I-II, RSA 167:7,II & III, Section 1902(a)(10) of the SSA [42 USC 1396a], Section 1931 of the SSA [42 USC 1396u-1] 45 CFR 233.20

He-W 601.06(t)

RSA 161-B:2,XIII, RSA 167:3-c,I, RSA 167:26, RSA 167:83,II(h),

45 CFR 234.60(a)(7)(i)

He-W 601.06(u)

RSA 161-B:2,XIII, RSA 167:3-c,I, RSA 167:26, RSA 167:83,II(f) & (h),

45 CFR 234.60(a)(7)(i)

He-W 601.06(v)

RSA 167:3-c,I, RSA 167:79,IV(b), Section 1611(e) of the SSA [42 USC 1382(e)], Section 1902(a)(9)(A) of the SSA [42 USC 1396a]

He-W 601.06(w)

RSA 167:3-c,I, RSA 167:83,II(c)

He-W 601.06 (x)

RSA 167:3-c

He-W 601.06 (y)

Section 1605(a)(1) of the Social Security Act [42 USC 1385]

He-W 601.06 (z)

RSA 167:3-c

He-W 601.07(a)

RSA 167:4,I, RSA 167:14-a, RSA 167:81, 45 CFR 233.20(a),

Section 1613 of the SSA [42 USC 1382b]

He-W 601.07(b)

RSA 167:3-c,I

He-W 601.07(c)

RSA 167:14-a, RSA 167:83,II(i)

He-W 601.07(d)

45 CFR 233.20(a)(2)(ix)

He-W 601.07(e)

RSA 21:6, RSA 167:79,IV(a), 42 CFR 435.403(d)

He-W 601.07(f)

RSA 167:4,I, RSA 167:81, 45 CFR 233.20(a), Section 1613 of the SSA [42 USC 1382b]

He-W 601.07(g)

RSA 161-B:2,XIV, RSA 167:3, RSA 167:6,V, RSA 167:79,II, RSA 170-B:2,XII, 45 CFR 206.10(a)(1)(vii)(A), 45 CFR 233.10(b)(2)

He-W 601.07(h)

Section 1902(a)(34) of the SSA [42 USC 1396a(a)(34)]

He-W 601.07(i)

RSA 167:14-a,V, RSA 167:81, 45 CFR 233.20(a), Section 209(a)(4) of the SSA [42 USC 409(a)(4)], Section 1613 of the SSA [42 USC 1382b], Section 1917(d) of the SSA [42 USC 1396p]

He-W 601.07(j)

RSA 167:3-c,I

He-W 601.07(k)

RSA 167:79,VI, RSA 167:82,III-V, 42 USC 607(e)

He-W 601.07(l)

RSA 167:3-c,I, RSA 167:79,II, 45 CFR 233.20(a)(1)(iii)

He-W 601.07(m)

RSA 167:81, 45 CFR 233.20(a), Section 1613 of the SSA [42 USC 1382b], Section 1917(d) of the SSA [42 USC 1396p]

He-W 601.07(n)

RSA 167:6,V, RSA 167:78,XXIII, RSA 167:79,II, 45 CFR 233.10(b)(2)

He-W 601.07(o)

RSA 167:4,I, RSA 167:82,VII, 45 CFR 233.20(a)

He-W 601.07(p)

RSA 167:4,I, RSA 167:7,I & III, 45 CFR 233.20(a)

He-W 601.07(q)

RSA 167:4,I, RSA 167:6,V, RSA 167:7,II & III, 45 CFR 233.20(a)

He-W 601.07(r)

RSA 167:79,II, 45 CFR 206.10(a)(1)(vii)(A), 45 CFR 233.10(b)(2), 45 CFR 233.20(a)(3)(xiv)

He-W 601.07(s)

RSA 167:79,III(l), 45 CFR 233.106

He-W 601.07(t)

RSA 167:3-c,I

He-W 601.07(u)

45 CFR 233.20(a), Section 1613 of the SSA [42 USC 1382b]

He-W 601.07(v)

RSA 167:83,II(c)

He-W 601.08(a)

RSA 167:3-c,I, RSA 167:78,IX, Section 222 of the SSA [42 USC 422], Section 407(d)(8) of the SSA [42 USC 607(d)(8)]

He-W 601.08(b)

RSA 167:3-c,I, RSA 167:78,XXIV

He-W 601.08(c)

RSA 167:3-c,I

He-W 601.08(d)

RSA 167:3-c,I

He-W 601.08(e)

RSA 161:2,XVI, RSA 161-B:1, RSA 161-C:22, RSA 167:79,III(c), 45 CFR 303.0 et. seq., Section 408(a)(2)-(3) of the SSA [42 USC 608(a)(2)-(3)]

He-W 601.08(f)

Section 2001 of the SSA [42 USC 1397]

He-W 601.08(g)

RSA 167:3-c,I, RSA 167:7,IV, RSA 167:14-a,V, RSA 167:81, Section 1917(c)-(d) of the SSA [42 USC 1396p(c)-(d)]

He-W 601.08(h)

RSA 167:3-c,I, RSA 167:14-a,V, Section 1917(c)-(d) of the SSA [42 USC 1396p(c)-(d)]

He-W 601.08(i)

RSA 167:3-c,I, Section 1917(c)-(d) of the SSA [42 USC 1396p(c)-(d)]

He-W 601.08(j)

RSA 167:3-c,I, RSA 167:83,II(i), Section 204(a)(1) of the SSA [42 USC 404(a)(1)]

He-W 601.08(k)

RSA 167:3-c,I, RSA 167:7,IV, RSA 167:78,VII, RSA 167:80, Section 1612(a)(2) of the SSA [42 USC 1382a(a)(2)]

He-W 601.08(l)

RSA 167:3-c,I, RSA 167-77-e

He-W 601.08(m)

RSA 167:3-c,I, RSA 167:83,II(g)

He-W 602

Section 408(a)(7) of the SSA Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996

He-W 602.01

Section 1902(a)(10)(A) of the Social Security Act (SSA) ; [42 USC 1396a] Section 1931 of the SSA [42 USC 1396u-1]; 42 CFR 435.21042

CFR 435.601(b); RSA 167:3-c, I

He-W 602.02

42 USC 607; 45 CFR 205-206; 45 CFR 232-235; 45 CFR 250; RSA 167:3-c, I RSA 167:77

He-W 602.03

RSA 161:4-a, IX; RSA 167:3-c, I; RSA 167:4; RSA 167:8;

45CFR 206.10(a)(1); 45 CFR 206.10(b)(2)

He-W 602.04

RSA 161:4-a,X; RSA 167:3-c,VIII; RSA 167:3-e; RSA 167:3-f; RSA 167:6,VII; RSA 167:68,I; 42 CFR 435.210; 42 CFR 435.211; 42 CFR 435.222; 42 CFR 435:225; 42 CFR 435.236; 42 CFR 441.101; Section 1902(a) & (f) of the SSA [42 U.S.C 1396a]; Section 1905(u)(2) of the SSA [42 U.S.C. 1396d]

He-W 602.04(b)(8)-(10)

Section 1902(a)(10)(A)(ii)(XIV) of the Social Security Act [42 U.S.C 1396a] Section 1905(u)(2) of the Social Security Act [42 U.S.C. 1396d]

RSA 167:3-c, VIII; RSA 167:3-e; RSA 167:3-f; RSA 167:6, VII

RSA 167:68, I; 42CFR 435.210; 42 CFR 435.222; 42 CFR 435:225

He-W 602.05

Section 408(a)(7) of the SSA [42 USC 608(a)(7)]; RSA 167:3-c, I; RSA 167:77

He-W 602.05(a)

Section 408(a)(7) of the Social Security Act (SSA) [42 USC 608(a)(7)]

He-W 602.06

RSA 167:3-c, I; RSA 167:82; RSA 167:85; 42 USC 602(a)(1)(A)(iii)

He-W 602.08

RSA 167:3-c, I; RSA 167:7, III; RSA 167:82; 42 USC 608(a)(7)(C)

He-W 602.09

RSA 167:3-c, I; RSA 167:7, III; 42 USC 608(a)(7)

He-W 602.10

RSA 167:3-c, I; RSA 167:7, III; RSA 167:17-b, II; RSA 167:17-c; RSA 167:82; 42 USC 608(a)(7)(C); 45 CFR 260.55

He-W 602.14

RSA 167:3-c, l; RSA 167:7, III; 42 USC 608(a)(7)

He-W 602.15

RSA 167:3-c, I; RSA 167:7, III; 42 USC 608(a)(7)(C); 45 CFR 205.10

He-W 602.16

RSA 167:3-c, I; RSA 167:7, III; 42 USC 608(a)(7)(C)

He-W 602.17

RSA 167:3-c, I; RSA 167:7, III; 42 USC 608(a)(7)(C); 45 CFR 233.100-101

He-W 603.01

45 CFR 206.10(a)(1)(iii)

He-W 603.02

RSA 167:17-b, RSA 167:83, II(c), RSA 641:3, 45 CFR 206.10(a)(2)(ii)

He-W 603.03

RSA 167:17, 45 CFR 206.10(a)(2)(ii)

He-W 604.01

RSA 167:3-c,I; RSA 167:4,I; RSA 167:6,VII; RSA 167:10

He-W 604.02

RSA 167:10; RSA 167:83,II(b) & (f), & III(c); 42 CFR 435.912;

45 CFR 206.10(a)(4)

He-W 604.03

RSA 167:83,II(b) & III(c); 42 CFR 435.919; 45 CFR 205.10(a)(4

45 CFR 206.10(a)(7); Section 1925(a)(3) of the SSA [42 USC 1396r-6]

He-W 604.04
RSA 167:3-c,I; RSA 167:83,II(b); 45 CFR 206.10(a)(4)

He-W 604.05
RSA 167:3-c,I; RSA 167:31; RSA 167:32; RSA 167:83,II(b);
45 CFR 206.10(a)(4); 45 CFR 206.10(a)(1)(iii); 45 CFR 205.36; 45 CFR 205.50

He-W 606.01

RSA 167:4-a; RSA 167:4-c; 42 CFR 435.913; 42 CFR 435.916; 45 CFR 205.55; 45 CFR 206.10(a)(8); Section 1935 of the SSA [42 USC 1396u-5]

He-W 606.02

RSA 167:3-c; RSA 167:4; RSA 167:4-c; RSA 167:79, IV(c); RSA 167:79, V(a)(1); RSA 167:82; RSA 167:83, II(c); RSA 167:84; RSA 167:84, II; 42 CFR 435.406; 42 CFR:435.407; 42 CFR 435.956(g)(2); 45 CFR 233.50; 8 USC 1157; 8 USC 1158; 8 USC 1253; 8 USC 1255; Section 1137 (d)(2) of the Social Security Act (SSA), [43 USC 1320b-7]; Section 1902(ee) of the SSA, [42 USC 1396.a(ee)]; Section 1903 of the SSA, [42 USC 1396b].

He-W 606.02(b)

P.L. 109-171 section 6036 amends Section 1903 of the Social Security Act

[42 USC 1396b]; 42 CFR 435.407

He-W 606.10

RSA 167:6,I, IV, & VI; 42 CFR 435.403; 42 CFR 435.913

He-W 606.11

RSA 167:78,XXIV; RSA 167:79,II & IV; 42 CFR 435.403; 42 CFR 435.913

He-W 606.11(d)

RSA 167:78, XXIV; RSA 167:79, II & IV(a); 45 CFR 206.10(a)(9)(ii)

He-W 606.18

RSA 167:79, IV(b)

He-W 606.19

RSA 167:6,V; RSA 167:79; RSA 167:83,I(a) & II(c); 45 CFR 206.10(a)(1)(vii); 45 CFR 233.90(c)(1)

He-W 606.20

RSA 167:6,V; RSA 167:79,I(a); RSA 167:83,II(c); RSA 167:84,I(a); 45 CFR 233.90(a)(1) & (c)(1)(i)-(ii)

He-W 606.21

RSA 167:6,V; RSA 167:79,I(a); RSA 167:83,II(c); RSA 167:84,I(a); 45 CFR 233.90(a)(1) & (c)(1)(i) & (iii)

He-W 606.22

45 CFR 233.100-101; RSA 167:6, V; RSA 167:83, II(c)

He-W 606.23

RSA 167:6,V; RSA 167:78,III & XXIII; RSA 167:79,I(a) & III(i); RSA 167:83,II(c); RSA 167:84,I(b); 45 CFR 206.10(a)(1)(vii); 45 CFR 233.90(c)(1)(v)

He-W 606.24

RSA 167:6,V; RSA 167:78,VI & XV; RSA 167:83,II(c); 45 CFR 233.39

He-W 606.26

RSA 167:79,III(l); RSA 167:83,II(c); 45 CFR 233.106

He-W 606.28

RSA 167:3-c; 167:4-c; 167:79, III(i); RSA 167:79, IV(c); RSA 167:83,II(c); RSA 167:84; 42CFR 435.407(c); 42 CFR 435.407(d)(I).

He-W 606.30

RSA 167:4, I(c); RSA 167:78, I; RSA 167:82, II; RSA 167:83, II(c)

He-W 606.31

RSA 167:79, III(c); RSA 167:82, III(b); 45 CFR 232.40, & .42-.43; 45 CFR 260, Subpart B; 42 USC 602(a)(7)

He-W 606.32

RSA 167:82,II

He-W 606.36

RSA 167:79,III(h); RSA 167:4-c; 45 CFR 205.52; 42 USC 1320b-7

He-W 606.37

RSA 167:3-c,I; 45 CFR 233.20(a)(3)(ix); Title II of the SSA [42 USC 401 et seq]; Title XVI of the SSA [42 USC 1381 et seq.]

He-W 606.41

42 CFR 435.116; 42 CFR 435.913

He-W 606.42

RSA 167:6,I; 42 CFR 435.913; 45 CFR 233.39; 42 USC 306(a)

He-W 606.55

RSA 167:3-b; RSA 167:3-c,I; RSA 167:79,V(b); RSA 167:80;

RSA 167:83,II(m); 20 CFR 416.1165; 20 CFR 416.1202; 20 CFR 416.1205

Section 1902(a)(17)(d) of the Social Security Act [42 USC 1396a(a)(17)(d)]

He-W 606.58

RSA 167:80,V

He-W 606.59

RSA 167:79,III(e); RSA 167:80,I & III; RSA 167:83,II(c); 42 CFR 435.913; 45 CFR 233.20

He-W 606.60

RSA 161:4-a,II; RSA 167:3-c,I; RSA 167:7,IV; RSA 167:17,III;

RSA167:17-b,I(a); RSA 167:17-b,I(d)

He-W 606.65

RSA 167:6,VI; RSA 167:80,IV(i); RSA 167:81,IV(g); RSA 167:83,II(c); 20 CFR 416.1180-.1182; 42 CFR 435.913

He-W 606.68

RSA 167:4,I(a)

He-W 606.69

RSA 167:6,VI; 20 CFR 416.905; 20 CFR 416.976; 20 CFR 416.1112(c)(6); 42 USC 1382c

He-W 606.73

RSA 167:80,I; RSA 167:82,VII(a)(4) & (b); RSA 167:83,II(c); 42 CFR 435.913

He-W 606.74

RSA 167:4,I(a); RSA 167:80,IV; 45 CFR 233.20(a)(3)(xiv)(D)

He-W 606.75

RSA 167:80,I; RSA 167:83,II(c); 42 CFR 435.913; 45 CFR 233.20

He-W 606.76

RSA 167:4,I(a); RSA 167:79,III(f); RSA 167:81; RSA 167:83,II(c);

42 CFR 435.913; 45 CFR 233.20

He-W 606.78

RSA 167:4; RSA 167:7, IV; RSA 167:81, I; 45 CFR 233.20(a)(1)(v) & (a)(3)

He-W 606.78(a)(6)

RSA 167:4; RSA 167:7, IV; RSA 167:81, I; 42 CFR 435.845

45 CFR 233.20(a)(1)(v) & (a)(3)

He-W 606.83

RSA 167:79,IV; RSA 167:83,II(c) & (e); 42 CFR 435.913

He-W 606.84

42 CFR 435.913

He-W 606.89

42 CFR 435.4; 42 CFR 435.831; RSA 161:4-a,IX

He-W 606.90

42 CFR 435.913; Section 1902(a)(34) of the SSA [42 USC 1396a(a)(34)]

He-W 606.92

RSA 161:4-a, IX; RSA 167:3-c, I; RSA 167:4; 45 CFR 206.10(a)(2)(iii); 45 CFR 206.10(a)(9); 45 CFR 206.10(b)(4)

He-W 606.98

42 CFR 435.913; Section 1925(b) of the Social Security Act; [42 USC 1396r-6]

He-W 606.100

42 CFR 435.913 42: CFR 435.916

He-W 606.104

RSA 167:3-c,II-a; RSA 167:7,V; RSA 167:83, I(c) & II(c); 45 CFR 233.120

He-W 608.01

RSA 161:2,I; RSA 167:3-c,I; RSA 167:7-b; 42 USC 602(a)(1)(A)(vii);

42 USC 608(a)(12); 42 USC 609(a)(16)

He-W 608.02

RSA 161:2,I; RSA 167:3-c,I; RSA 167:7-b; 42 USC 602(a)(1)(A)(vii);

42 USC 608(a)(12); 42 USC 609(a)(16)

He-W 616.01

45 CFR 233.51

He-W 616.02

RSA 167:3-c, I; 8 USC 1641(b); 42 USC 602(a)(1)(B)(ii); 45 CFR 233.50

He-W 618.01

RSA 167:79, IV & V; Section 408(a)(7)(c)(iii) of the Social Security Act

He-W 618.02

42 CFR 435.403

 

 

He-W 619.01

RSA 151-E:18, IV, VII

He-W 619.02

RSA 151-E:18

He-W 619.03

RSA 151-E:18, II

He-W 619.04

RSA 151-E:18, VII

He-W 619.05

RSA 151-E:18

He-W 620.01

RSA 161:4-a, II; RSA 167:3-c, I; RSA 167:4, I(b)

He-W 621  Reserved

 

He-W 622.01

RSA 167:2; RSA 167:3; RSA 167:3-a; RSA 167:3-b; RSA 167:3-c, I;

RSA 167:78,XV; 42 USC 9902(2); and 45 CFR 233.107(e)(1)

He-W 624.01

RSA 167:79, IV(b)

He-W 625.01(a) and (b)

RSA 167:79,III(e); 45 CFR 205.52; 42 CFR 435.910; Section 1137 of the Social Security Act; [42 USC 1320b-7]

He-W 625.01(c)-(e)

RSA 167:79 45; CFR 205.52; Section 1137(a)(1) of the Social Security Act

[42 USC 1320b-7]

He-W 626.01 – 626.03

Section 1902(a)(10)(A)(ii) of the Social Security Act [42 U.S.C. 1396a(a)(10)(A)(ii)]; 42 USC 1396r-1c; 42 U.S.C. 1396a(ii)(3), RSA 126-A:4-c

He-W 627

45 CFR 260.31; RSA 167:77-a,I(a); RSA 167:77-a,I(b); RSA 167:78, VI

He-W 627.01

RSA 167:77-a; RSA 167:77-e; RSA 167:79; 45 CFR 260.31

He-W 627.03

45 CFR 260.31; RSA 167:77-a, I(a); RSA 167:78, VI

He-W 628.02

RSA 167:3-c, I; RSA 167:6, V; RSA 167:79, I(a); RSA 167:83, II(c)

RSA 167:84, I; 45 CFR 233.90(b)(6) & (c)(1)(iv)

He-W 637.04

RSA 167:3-c, I; RSA 167:78, I; RSA 167:82, II; RSA 167:83, II(o); RSA 167:85, V; 42 USC 608(a)(4)

He-W 627.05  Reserved

 

He-W 628.01

RSA 167:6,V, RSA 167:79,I(a), RSA 167:84, I,

45 CFR 233.90(a)(1) & (c)(1)(i)-(iv)

He-W 628.02

RSA 167:3-c,I; RSA 167:6,V; RSA 167:79,I(a); RSA 167:83,II(c)

RSA 167:84,I; 45 CFR 233:90(b)(6) & (c)(1)(iv)

He-W 628.03

45 CFR 233.100-101; RSA 167:6, V; RSA 167:79, III

He-W 630.01

Section 408(a)(7) of the SSA Act as amended by PRWORA; RSA 167:6

He-W 630.01

RSA 169-C:3,XIV; RSA 167:6; RSA 167:78; RSA 167:79,II & V(b)

RSA 167:83,II(e); 42 USC 608(a)(10)

He-W 631.01

RSA 167:79, III(m); 45 CFR 233.107

He-W 632.01

RSA 167:6,V; RSA 167:78,VI & XV; RSA 167:79,I; RSA 167:83,II(c); 42 CFR 435.522(c); 45 CFR 233.39; 45 CFR 260.30; 42 USC 619(2)

He-W 632.01(a)

RSA 167:78,VI; 45 CFR 233.39; 45 CFR 260.30; 42 USC 619(2)

He-W 632.01(b)-(c)

RSA 167:79 45, CFR 233.39

He-W 634.01

RSA 167:79,III(l); 45 CFR 233.106

He-W 636.01

Section 2102(b)(4) of the SSA [42 USC 1397bb(b)(4)]; 42 CFR 435.601; 45 CFR 206.10(a); RSA 167:79, III(j); RSA 167:83, II(d)

He-W 636.01(a) intro.

RSA 161:4-a, IX; Section 2102(c) of the Title XXI Act and 42 CFR 435.601

He-W 636.01(a) & (b)(2)

RSA 167:83, II(d); 161:4-a, IX; 45 CFR 206.10(a)(9)

He-W 636.01(b)-(d)

RSA 161:4-a, IX; RSA 167:79, III(j); RSA 167:83, II(d); 45 CFR 206.10(a)

He-W 636.01(f)

RSA 167:85

He-W 636.02

RSA 167:79,III(i); 42 CFR 435.407; 42 CFR 435.913

He-W 636.03

RSA 167:6,V; RSA 167:78,XIV; RSA 167:80,IV(b); RSA 167:82,II(b)

He-W 636.08

RSA 167:79, III(c); RSA 167:82, III(b)

He-W 636.08 (a)-(b)

RSA 167:79, III(c)

He-W 636.09

RSA 161:4-a,V; RSA 167:79,III(c) & VI(a); RSA 167:82,III(b) & V; RSA 167:83,II(c) & (l)

He-W 636.09(c)-(e)

RSA 167:82, III(b); RSA 167:82, V

He-W 636.10

RSA 167:79,VI(a); RSA 167:82,II, III & V; 42 USC 608(a)(2)

He-W 637.01

45 CFR 261.2; RSA 167:77, IV; RSA 167:78; RSA 167:82, II; RSA 167:85, I RSA 167:88, I

He-W 637.02

RSA 167:77; RSA 167:78; RSA 167:79, III(a); RSA 167:85

He-W 637.03

P.L. 104-193, section 407(d) of the SSA [42 USC 607(d)]; 45 CFR 261.2(i)-(k)

RSA 167:77, IV-V; RSA 167:79, III & VI,(c); RSA 167:82, II, III, & V

RSA 167:85; RSA 167:91

He-W 637.04

RSA 167:3-c, I; RSA 167:78, I; RSA 167:82, II; RSA 167:83, II(o)

RSA 167:85, V; 42 USC 608(a)(4)

He-W 637.04(e)(4)

Section 408(a)(7) of the SSA Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996

He-W 637.05

RSA 167:79,III(a) & VI(c)-(e); RSA 167:82; RSA 167:85; RSA 167:88

RSA 167:90-92

He-W 637.06

RSA 167:82,III – V; RSA 167:83,II(o) & III(h); RSA 167:85; 42 USC 607(e)

He-W 637.07

RSA 167:82, III(c)-IV; 45 CFR 260, Subpart B; 42 USC 602(a)(7)

He-W 637.08

P.L. 104-193, section 407(e) [42 USC 607(e)]; RSA 167:78, IX

RSA 167:79, III(b); RSA 167:82, III; RSA 167:84, II; RSA 167:85

He-W 637.09

RSA 167:77, IV-V; RSA 167:79, III(a); RSA 167:85; RSA 167:88; RSA 167:91

He-W 637.10

RSA 167:78,XIII

He-W 637.12

RSA 167:77, IV-V; RSA 167:84, II; RSA 167:88; 42 USC 607

 

RSA 167:77, IV-V; RSA 167:84, II; RSA 167:88; 42 USC 607

He-W 637.13(a) & (b)

RSA 161:4-a, IX

He-W 637.14

RSA 167:88

He-W 637.15

RSA 167:85; RSA 167:88; RSA 167:91, III-a; 42 USC 607(d)(10)

He-W 637.16

RSA 167:85

He-W 637.17
45 CFR 261.2(k)-(l); 45 CFR 261.33; RSA 167:85; RSA 167:91

He-W 637.18

RSA 167:78,XII-a; RSA 167:82,V; RSA 167:85,IV(n); RSA 167:88,IV(a)-(e); RSA 167:91; 42 U.S.C. 608(a)(7)(C)(iii); 45 CFR 260.55

He-W 637.19

RSA 167:78,XIII

He-W 637.20

RSA 167:78, XVIII; RSA 167:83, II(o); RSA 167:85,IV(e); 42 USC 607(d)(5)

He-W 637.21

42 USC 607(b) and (i); RSA 167:82, III; RSA 167:85; RSA 167:91-a

RSA 167:91-b

He-W 637.22

RSA 167:78, XIV; RSA 167:85; RSA 167:88; RSA 167:91, III-a

45 CFR 261.2(i)

He-W 637.23

RSA 167:85, IV(i); RSA 167:88; RSA 167:91, III-a; 45 CFR 260.20(b); 45 CFR 261.2(i); 45 CFR 261.30

He-W 637.24

P.L. 109-171, Section 7102

He-W 637.25

RSA 167:3-c,I; RSA 167:85,IV

He-W 637.26
RSA 167:77-e; RSA 167:79

He-W 637.27
RSA 167:77-e; RSA 167:79

He-W 637.28

P.L. 109-171, Section 7102; RSA 161:4-a, IX; RSA 167:85, I(k)

He-W 638

RSA 161:4-a, IX; Section 408(a)(7) of the SSA as amended by PRWORA

He-W 638.01

RSA 167:83, II(o); 42 USC 602(a)(1)(B)(v)

He-W 638.02

RSA 167:83, II(o); 42 USC 602(a)(1)(B)(v)

He-W 639.01

RSA 126-AA; 2018 NH Chapter Law 342:2-9

He-W 639.02

RSA 126-AA; 2018 NH Chapter Law 342:2-9

He-W 639.03

RSA 126-AA; 2018 NH Chapter Law 342:2-9

He-W 639.04

RSA 126-AA; 2018 NH Chapter Law 342:2-9

He-W 639.05

RSA 126-AA; 2018 NH Chapter Law 342:2-9

He-W 639.06

RSA 126-AA; 2018 NH Chapter Law 342:2-9

He-W 639.07

RSA 126-AA

He-W 639.08

RSA 126-AA; 2018 NH Chapter Law 342:2-9

He-W 639.09

RSA 126-AA; 2018 NH Chapter Law 342:2-9

He-W 641.01

42 CFR 435.222; 42 CFR 435.845(c); Section 1902(a) of the SSA [42 USC 1396a]; Section 1905(n) of the SSA [42 USC 1396d]; 42 USC 9902(2)

He-W 641.02

Sections 1902(a) and 1905(n) of the SSA [42 U.S.C 1396a(a)] and

[42 U.S.C1396d(n)]; RSA 167:3-I; RSA 167:6,IX

He-W 641.02(b)(4)

SSA Act Section 1902(a)(17)(D)

He-W 641.03

RSA 167:3-I; RSA 167:3-c,XII;RSA 167:6,IX; 42 USC 1396a(a)(10)(A)(ii)(XV) [Section 1902(a)(10)(A)(ii)(XV) of the Social Security Act]

He-W 641.04

42 CFR 435.222; 42 CFR 435.845(c); Section 1902(a), (f), & (r) of the SSA [42 USC 1396a]; 42 USC 9902(2)

He-W 641.05

42 USC 1396r-1; 42 USC 1396r-1a; RSA 167:68

He-W 641.06

42 USC 1396a (l)(1)(2)(A)(i); RSA 167:68

He-W 641.07

Section 1902(l) of the SSA [42 U.S.C. 1396a]; Section 2101 of the SSA

[42 U.S.C. 1397aa]; 42 USC 9902(2); 42 CFR 435.902; RSA 126-A:3,VIII as amended by Chapter 224:43, Laws of NH 2011; RSA 167:68,I; RSA 167:83,I(c)

He-W 641.09

42 USC 1396a(a)(10)(A)(ii)(XVIII) [Section 1902(a)(10)(A)(ii)(XVIII) of the Social Security Act]; 42 USC 1396a(aa) [Section 1902(aa)of the

Social Security Act]

He-W 642.02

RSA 167:6,I; 42 CFR 435.4; 42 CFR 435.522(c); 45 CFR 233.10(b)(2);

45 CFR 233.39

He-W 642.03

RSA 167:6,I & VI; 42 CFR 435.4; 45 CFR 233.10(b)(2)

He-W 642.04

RSA 167:6,IV; 42 CFR 435.4; 45 CFR 233.10(b)(2)

He-W 644.01

45 CFR 206.10(a)(9); RSA 161:4-a,IX; RSA 167:3-c,I

He-W 644.02

RSA 167:79,II

He-W 648.02

RSA 167:3-c, II-b; RSA 167:7, I-a; RSA 167:27-c; 42 USC 1382g

He-W 648.03

RSA 167:3-c, II-b; RSA 167:7, I-a; RSA 167:27-c; 42 USC 1382g

He-W 648.04

RSA 151:2, I(e); RSA 167:3-c,II-b; RSA 167:27-c

Section 1618 of the Social Security Act [42 U.S.C. 1382g]; 20 CFR 416.2098

He-W 652.02

RSA 167:3-c,I; RSA 167:7,IV; 42 CFR 435.913

He-W 652.03

RSA 167:3-b; RSA 167:3-c,I; RSA 167:78; RSA 167:79,V(b);

RSA 167:83,II(m); RSA 167:80; 20 CFR 416.1165; 20 CFR 416.1202

20 CFR 416.1205; Section 1902(a)(17)(d) of the Social Security Act

[42 USC 1396a(a)(17)(d)]

He-W 652.05

RSA 167:3-c,I; RSA 167:7,IV; RSA 167:83,II(e); 45 CFR 233.20(a)(1)

He-W 652.06

RSA 161:4-a, IX; RSA 167:3-c, I

He-W 652.07

RSA 167:3-c, I; RSA 161:4-a, IX; 45 CFR 233.20(a)(3)(ix)

He-W 654.01

RSA 167:3-c,I; RSA 167:4,I(a)

He-W 654.02

RSA 167:3-c, I & IX; RSA 167:4, I(a); RSA 167:78, XVII; RSA 167:80, I & IV(i); RSA 167:82, VII; RSA 167:83, II(e); 45 CFR 233.20(a)(2)(iv), (a)(3)(ii)(B), and (a)(6)

He-W 654.03

RSA 167:80,V; RSA 167:81,V; RSA 167:82,VII(b); RSA 167:83,II(c) & (e); 45 CFR 233.20(a)(3)(ii)(F)

He-W 654.04

RSA 167:3-c, I, RSA 167:4, I(a); RSA 167:79, II; RSA 167:80, IV;

7 CFR 273.10(e)(4); 45 CFR 233.20(a)(3); Section 1612(a) of the Social Security Act (SSA) [42 USC 1382a(a)]; Section 1902(f) & (r)(2) of the SSA

[42 USC 1396a(f) & (r)(2)]; Section 1917(d) of the SSA [42 USC 1396p(d)]

He-W 654.04 (a) intro., (a)(7), (b) intro., (b)(11)

RSA 167:3-c, I; RSA 167:4, I(a); 7 USC 2014(d)(19); 7 CFR 273.9(c)(20)

He-W 654.04(a)(1), (3)-(6), (b)(1)-(2), (4)-(9)

RSA 167:4, I(a); 45 CFR 233.20 Section 1902(f) & (r)(2) of the Social Security Act; [42 USC 1396a]; 7 CFR 273.10(e)(4)

He-W 654.04 (b) (10)

RSA 167:3-c, I; RSA 167:4, I (a); RSA 167:80; 45 CFR 233.20(a)(3)

Section 1612 (a)(2)(G) of the Social Security Act [42 USC 1382a]

Section 1917 (d) of the Social Security Act [42 USC 1396p]

He-W 654.04(d)

RSA 167:3-c, I, RSA 167:4, I(a); RSA 167:79, II; RSA 167:80, IV(h)

He-W 654.05

RSA 167:3-c,I; RSA 167:4,I(a); RSA 167:7,IV; RSA 167:17,III; 42 CFR 435.601(b); Section 1902(r)(2) of the SSA [42 USC 1396a]

He-W 654.06

RSA 167:3-c,I; RSA 167:4,I(a); RSA 167:7,IV; RSA 167:17,III; 42 CFR 435.601(b); Section 1902(r)(2) of the SSA [42 USC 1396a]

He-W 654.07

RSA 167:4,I(a); 42 USC 1382a(a)(2)(A)

He-W 652.07(j)-(x)

RSA 167:3-c,I; RSA 167:4;RSA 167:6,VI;42 CFR 435.608;

45 CFR 233.20(a)(3)(ix)

He-W 654.08

RSA 167:3-c,I; RSA 167:4,I(a); RSA 167:7,IV; RSA 167:80,IV(i)

He-W 654.09

RSA 161-C:22; RSA 167:3-c, I; 42 USC 608(a)(3); 45 CFR 233.20(a)(3)(v)

He-W 654.09(a)-(b)

RSA 161:4-a, IX; RSA 167:3-c, I, 45; CFR 233.20 Section 1902(f) of the Social Security Act [42 USC 1396a]

He-W 654.10

RSA 167:83,II(l) & (m); 45 CFR 233.51; 45 CFR 233.52; 42 USC 608(f)(1)

He-W 654.11

RSA 167:3-c,I; RSA 167:4,I(a); RSA 167:80

He-W 654.12

RSA 167:3-c,I; RSA 167:80,IV(i); 20 CFR 416.1180-1182; 20 CFR 628.700; 42 CFR 435.735; 45 CFR 233.20

He-W 654.12(a)-(b), (d)-(e), (g)

RSA 161:4-a, RSA 167:3-c, I; 45 CFR 233.20, 42 CFR 435.735,

20 CFR 628.700

He-W 654.13

RSA 167:4, I(a); RSA 167:80, IV(i) and V; RSA 167:82, VII(b);
45 CFR 233.20(a)(6), (a)(11)

He-W 654.14

RSA 167:3-c, I; RSA 167:82, VII(a)(4); RSA 167:82, VII(b)

45 CFR 233.20(a)(2)(v)(B)

He-W 654.15

RSA 167:3-c, IX; RSA 167:4, I(a)

Section 1902(a)(17) of the Social Security Act [42 USC 1396a(a)(17)]

20 CFR 416.1112; 20 CFR 416.1166; 29 USC 720

He-W 654.16

RSA 167:4, I(a)

He-W 654.17

RSA 167:3-c,I; RSA 167:27-a; 167:27-b; 42 CFR 435.733(c)

42 CFR 435.832(c)(4)(ii); 38 USC 5503 Section 1611(e)(1)(E) & (G) of the SSA [42 USC 1382(e)(1)(E) & (G)]

He-W 654.17(b)

RSA 167:3-c,I; RSA 167:27-a; RSA 167:27-b; 42 CFR 435.733(c)(1)(iii)

42 CFR 435.832(c)(4)(ii); 38 USC 5503 Section 1611(e)(1)(E) & (G) of the SSA [42 USC 1382(e)(1)(E) & (G)]

He-W 654.17(c)

RSA 167:27-a; 167:27-b; 42 CFR 435.733(c)(1)(iii)

He-W 654.18

RSA 167:3-c, I & IX, RSA 167:4, I(a)

He-W 654.19

RSA 167:82,VII(a)(4) & (b)

He-W 654.20

RSA 167:4, I(a)

He-W 654.21

RSA 161:4-a, III & X(a); RSA 167:3-c, I; 42 USC 1396r-5

He-W 655.01

RSA 167:83, II(o); RSA 167:86

He-W 655.02
RSA 167:79; RSA 167:85; RSA 167:86; RSA 167:88

He-W 655.03

RSA 167:86

He-W 655.04

RSA 167:86; RSA 167:88; RSA 167:91, IV

He-W 655.05

RSA 167:78; RSA 167:86; RSA 167:91, IV; 45 CFR 261.2

He-W 655.05(a)-(d)

P.L. 109-171, section 7102; 45 CFR 261.2(f); RSA 167:78,XVIII

RSA 167:79,III; RSA 167:86; RSA 167:91,IV

He-W 655.06

RSA 167:78, XVIII; RSA 167:86; RSA 167:88; RSA 167:91, IV; 45 CFR 261.2(f); 42 USC 607(d)

He-W 655.06(a)-(e)(2)a.

P.L. 109-171, section 7102; 45 CFR 261.2(f); RSA 167:78,XVIII

RSA 167:79,III; RSA 167:86; RSA 167:91,IV

He-W 655.07

RSA 167:85,IV; RSA 167:86; RSA 167:91,IV; 45 CFR 261.2(i) & (k); 42 USC 607(d)

He-W 656.01

RSA 167:4, RSA 167:81

He-W 656.02

RSA 161:4-a, III; 42 USC 604(h); 45 CFR 263.20-23; 45 CFR 260.31(b)(5)

He-W 656.03

42 USC 1382b(c)(1)(D); 42 USC 1396p(c)(3)

He-W 656.03(a)-(b)

RSA 167:3-c,I; RSA 167:4-a; RSA 167:7,IV; 42 USC 1382b(c)(1)(D); 20 CFR 416.1208

He-W 656.04

RSA 167:3-c,I; RSA 167:4; RSA 167:17; RSA 167:81

45 CFR 233.20(a)(3); Section 1612(a)(2)(G) of the Social Security Act (SSA)

[42 USC 1382a(a)(2)(G)]; Section 1613(a) of the SSA [42 USC 1382b(a)]

He-W 656.04(a)

Section 1917(d) of the Social Security Act; HB 758, which amends RSA 167:4 and RSA 167:3-c, I

He-W 656.04(b)

Social Security Act Section 1902(a)(10)(A)(ii)(XV); RSA 167:6, IX

He-W 656.04(b)(1) – (b)(4) and (b)(6) – (b)(10)

Section 1613(a) of the Social Security Act [42 USC 1382b]; RSA 67:4,I(a)

He-W 656.04(b)(5)

RSA 167:4,I(a); RSA 167:3-c,I; RSA 167:4,IV(c) as amended by HB691

He-W 656.04 (b)(6) – (b)(10)

Section 1613(a) of the Social Security Act [42 USC 1382b];RSA 167:4,I(a)

He-W 656.04(b)(10)

RSA 167:3-c, I; RSA 167:4, I(a); RSA 167:80; 45 CFR 233.20(a)(3)

Section 1612(a)(2)(G) of the Social Security Act (42 USC 1382a)

Section 1917(d) of the Social Security Act (42 USC 1396p)

He-W 656.04(b)(11)

P.L 109-171 section 6015 amends section 1917(c)(1)(H)-(I) of the Social Security Act [42 USC 1396p(c)(1)(H)-(I)]

He-W 656.04(c)

RSA 167:4,I(a); RSA 167:3-c,I; RSA 167:4,IV(c) as amended by HB691

RSA 167:81

He-W 656.05

RSA 161:4-a, II; RSA 167:3-c,I; RSA 167:81; 45 CFR 233.20(a)(3)(i)(B)(5)

He-W 656.06

RSA 167:81, II; 45 CFR 223.20(a)(3)(i)

He-W 658.01

RSA 167:3-c, II; RSA 167:7, II-III; 45 CFR 233.20(a)(2); 7 CFR 273.10

He-W 658.02

RSA 167:3-c, II; RSA 167:7, II and III; 45 CFR 233.20(a)(2)(i)

He-W 658.03

RSA 167:7,I & I-a; Section 1618 of the SSA [42 USC 1382g]

He-W 658.04  Reserved

 

He-W 658.05  Reserved

 

He-W 658.06  Reserved

 

He-W 664.01  Reserved

 

He-W 664.02

RSA 167:79, II

He-W 670.03

RSA 167:3-c,I; RSA 167:7; RSA 167:83,I(a); 20 CFR 416.1131; 45 CFR 233.20(a)(2)(iv);45 CFR 233.20(a)(3)(viii)(C); 45 CFR 233.31

He-W 670.04

RSA 161:2,l; RSA 167:83,II(f); 45 CFR 233.23

He-W 671.01

RSA 161:2, I

He-W 671.02

RSA 167:3-c,I; RSA 161:2, I

He-W 671.03

RSA 161:4-a,IX; 15 USC 1693b

He-W 671.04

RSA 167:3-c,I; RSA 161:2, I

He-W 672.01
45 CFR 206.10(a)(6)(i); RSA 167:79,III(b); RSA 167:83,II(f)

He-W 672.01(c)

45 CFR 206.10(a)(6)(i); RSA 167:83, II

He-W 672.02

RSA 167:3-c,I; RSA 167:10; 42 CFR 435.911(a); 45 CFR 206.10(a)(3)(i)

He-W 672.02(a)

RSA 167:3-c,I; RSA 167:10

He-W 674.01

RSA 161:2,I; RSA 167:3-c,I; 45 CFR 206.10

He-W 676.01 - Reserved

 

He-W 680.01

Section 2102 of the SSA [42 USC 1397bb] ; 42 CFR 435.914

RSA 126-A:3,VIII as amended by Chapter 224:43,  Laws of NH 2011

RSA 167:3-c, VIII

He-W 680.01(a)– (c)

RSA 167:3-c, VIII; Section 2102 of the Social Security Act [42 U.S.C. 1397bb] 42 CFR 435.914

He-W 680.01(d)

RSA 167:3-c, VIII; Section 2102 of the Social Security Act [42 USC 1397bb]

He-W 680.01 (e) - (l)

42 CFR 435.914

He-W 680.02

42 CFR 435.914(a); RSA 126-A:3,VIII as amended by Chapter 224:43, Laws of NH 2011; RSA 167:3-c,I; RSA 167:10

He-W 682.01

Section 2102 of the SSA [42 U.S.C. 1397bb]; 42 CFR 435.919;

RSA 126-A:3,VIII as amended by Chapter 224:43, Laws of NH 2011

RSA 167:3-c,VIII

He-W 682.04  Reserved

 

He-W 682.05  Reserved

 

He-W 684.01

42 CFR 435.916; 45 CFR 206.10(a)(9); RSA 126-A:3,VIII as amended by Chapter 224:43, Laws of NH 2011

He-W 684.02

45 CFR 206.10(a)(9); RSA 126-A:3,VIII as amended by Chapter 224:43, Laws of NH 2011; RSA 167:3-c,VIII; RSA 167:83,II(d)

He-W 684.02(b)(1)

RSA 167:83, II(d); 161:4-a, IX; 45 CFR 206.10(a)(9)

He-W 685.01

RSA 167:3-c,I; RSA 167:79,IV(d); RSA 167:83,II(c) & (j); 42 CFR 431.800; 42 CFR 435.916; 45 CFR 206.10(a)(9); 45 CFR 233.10(a)(1)

He-W 686.01(a)-(b), (d)-(g), (h)(2)-(i), (k)-(m)

RSA 167:26, RSA 167:3-c, I

He-W 686.01(c), (h)(1), & (j)

RSA 167:5,II; RSA 167:26; RSA 167:83,II(h); 45 CFR 234.60(a)(7)(i)

45 CFR 234.70

He-W 686.01

RSA 167:3-c,I; RSA 167:5; RSA 167:26; RSA 167:83,II(g) & (h); RSA 170-B:2,IX; RSA 463:2,IV; RSA 463-A:1,IV;  RSA 464-A:2,III; RSA 464-A:2,VIII, IX, & XIV-b; 45 CFR 234.60; 45 CFR 234.70

He-W 688.01

RSA 167:3-c,I; RSA 167:10; RSA 167:83,II(i); 45 CFR 233.20(a)(12)-(13)

He-W 690.01

RSA 167:13; RSA 167:14; RSA 167:14-a; RSA 167:16; RSA 167:16-a; RSA 167:28; 42 CFR 433.36; Section 1917(a)-(b) of the SSA [42 USC 1396p]

He-W 692.02

RSA 167:17-a; RSA 167:83,II(i); 45 CFR 233.20(a)(12)-(13); 42 CFR 433.36(i)

He-W 692.02(i)

RSA 167:17-a; RSA 167:83,ll(i)

He-W 692.03

RSA 161:4-a,X(l); RSA 167:3-c,I; RSA 167:14-a; RSA 167:17-a;

RSA 167:17-b; RSA 167:59; RSA 167:61-a; RSA 167:83,II(i);

Section 208 of the Social Security Act (SSA) [42 USC 408];

Section 1632 of the SSA [42 USC 1383a]

He-W 693.01

RSA 161:2, XV; RSA 167:83, II (k); 45 CFR 235.110

He-W 693.02

RSA 161:2, XV; RSA 167:83, II (k); 45 CFR 235.110

He-W 693.03

RSA 161:2, XV; RSA 167:83, II (k); 45 CFR 235.110

He-W 693.04

RSA 161:2, XV; RSA 167:83, II (k); 45 CFR 235.110

He-W 693.05

RSA 161:2, XV; RSA 167:83, II (k); 45 CFR 235.110

He-W 693.06

RSA 161:2, XV; RSA 167:83, II (k); 45 CFR 235.110

He-W 694.01

RSA 167:11

He-W 695 - Reserved

 

He-W 696.01

RSA 167:3-c,I; RSA 167:77-a,I(e); 42 USC 607(a)(1); 45 CFR 260.31(a)(1); 45 CFR 261.21

He-W 696.02

RSA 161-B:2,IV; 7 CFR 271.2; 7 CFR 273.10; 7 CFR 273.10(e)(3)

45 CFR 261.21

He-W 698.01

RSA 167:3-c,I; 42 CFR 435.114; 42 CFR 435.135; Section 1843 of the SSA [42 USC 1395v]; 42 USC 1395j

He-W 699.02

RSA 167:3-c,I; 45 CFR 205.32

He-W 699.04

RSA 167:3-c,I; 45 CFR 205.32

He-W 699.05

RSA 167:3-c,II-a; RSA 167:7,V; RSA 167:79,VI; RSA 167:82,III;

RSA 167:83,I(c); RSA 167:86; RSA 167:88; 45 CFR 233.120

He-W 699.06

RSA 161:4-a, IX