Section He-E 501.05 - Eligibility Requirements for Services(a) In order to be eligible to receive Title XX services an individual shall: (1) Be an adult as defined by He-E 501.02(b) ; (2) Have a chronic illness or disability as defined by He-E 501.02(g) ;(3) Reside in or be expected to reside in an independent living situation, as defined by He-E 501.02(r) ;(4) Have a monthly income which does not exceed $1,314.30 per month, based on the sources of income specified in (d) and subject to an annual cost of living adjustment as described in (k) below;(5) Be in need of the requested Title XX service in order to maintain his or her health and safety, as determined by the assessment described in (b) below;(6) Not already be receiving the same or duplicate services from another program such as services under an approved medicaid waiver program;(7) Apply for and be found eligible to receive Title XX services as described in He-E 501.05 and 501.06; and (8) In order to be eligible to receive home-delivered meals, demonstrate that he or she cannot prepare meals, and that the individual is: b. Temporarily homebound due to recovery from illness or injury.(b) An individual's eligibility to receive the requested Title XX services shall be determined through an assessment as follows: (1) A review of the individual's application; and(2) A face-to-face interview with the individual or authorized representative, or both, to obtain information on the individual's ability to engage in activities of daily living and instrumental activities of daily living. (c) When determining eligibility for the requested Title XX services, an individual may provide information from his or her licensed health practitioner or other community providers to be considered as a part of the assessment described in (b) above. (d) When determining eligibility in accordance with He-E 501.05(a) (4) above, the department or the provider shall review all sources of income including but not limited to the following: (1) State financial assistance; (2) Social Security, with the exception of PASS income; (3) Supplemental Security income; (5) Income received from room and board, rental of buildings or land; (6) Interest income received from bank accounts, estates, or trusts; (7) Wages or income from self-employment; (9) Unemployment compensation;(10) Worker's compensation; and(e) When determining eligibility for Title XX services, the income of each individual, including spouses, shall be considered separately.(f) If the individual receives Social Security income and the cost of his or her Medicare premiums are not deducted from his or her check, the amount paid for the premiums shall be deducted from the individual's total income for the purposes of determining whether or not the individual meets the income requirements in (a) (4) above. (g) Income shall be verified for an individual in accordance with He-E 501.06(h) .(h) Priority to receive Title XX services shall be given to individuals who have been determined by the department to be in need of services for protective reasons in accordance with RSA 161-F:42-57.(i) Title XX services shall be provided without regard to income, if the service(s) are provided during or after a protective investigation conducted by the department in accordance with RSA 161-F:42-57.(j) Title XX services shall be provided to an adult in an independent living situation.(k) The income eligibility level in (a) (4) above shall be subject to a cost of living adjustment, when adjusted by the social security administration, each January by the percentage amount of the cost of living increase in the social security benefits on a yearly basis consistent with federal law and regulations. N.H. Code Admin. R. He-E 501.05
Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12720, Effective 1/29/2019, Expires 7/29/2019.Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by # 12936, Effective 12/7/2019, Expires 12/7/2029.