N.H. Code Admin. R. He-E 501.15

Current through Register No. 25, June 20, 2024

Section He-E 501.15 - Wait Lists

(a) All services covered by He-E 501 shall be provided to the extent that funds, staff or resources for this purpose are available.

(b) The provider shall maintain a wait list when funding or resources are not available to provide the requested services for:

(1) Individuals who:

a. Are newly eligible; and

b. Are ready to receive services;

(2) Individuals who:

a. Are receiving services; and

b. Requesting additional services; or

(3) Individuals who:

a. Relocate outside of the catchment area for the contact agency providing services; and

b. Are requesting Title XX services from a provider in the new location in accordance with He-E 501.19.

(c) Each provider shall include the following information on its wait list:

(1) The individual's full name and date of birth;

(2) The name of the Title XX service being requested;

(3) The date upon which the individual applied for services which shall be the date the application was received by the provider or by the department;

(4) The target date of implementing the services based on the communication between the individual and the department or provider;

(5) The date upon which the individual's name was placed on the wait list shall be the date of the notice of decision in which the individual was determined eligible for Title XX services;

(6) The individual's assigned priority on the wait list, determined in accordance with (d) below;

(7) A brief description of the individual's circumstances and the services he or she needs; and

(8) If the individual is already receiving a Title XX service, the type and amount of the services received.

(d) The provider shall prioritize each individual's standing on the list by determining the individual's urgency of need in the following order:

(1) The individual is at risk of being admitted to an institutional setting;

(2) The individual is discharged from an institutional setting;

(3) Declining mental or physical health of the caregiver;

(4) Declining mental or physical health of the individual;

(5) The individual has no respite services while living with a caregiver; and

(6) Length of time on the wait list.

(e) When 2 or more individuals on the wait list have been assigned the same service priority, the individual served first will be the one with the earliest application date.

(f) Individuals with adult protective needs in accordance with RSA 161-F:42-57 shall be exempt from the wait list.

(g) The individual may reserve the right to remove his or her name from the wait list at anytime or apply for Title XX services with another provider.

(h) When an individual is placed on the wait list, the provider shall notify the individual in writing and include the following information:

(1) A statement that Title XX services are not covered because funds, staff, or resources are unavailable;

(2) A brief description of the provider's wait list process;

(3) The estimated period of time that the provider expects the individual to remain on the wait list;

(4) A statement that notifies the individual of the right to remove his or her name from the wait list and to apply for Title XX services with another provider;

(5) A statement that directs the individual to the specified toll-free telephone number to NH ServiceLink for more information on other providers in the individual's catchment area that provide the Title XX service being requested;

(6) The contact information for the provider; and

(7) A statement requesting that the individual notify the agency if his or her service needs change or if the individual begins to receive the requested Title XX service from another provider.

(i) Immediately upon becoming aware of availability to provide a Title XX service, the provider shall call and send written notice to the individual requesting Title XX services based on the priority outline in (f) above.

(j) The individual shall respond to the provider within 10 days of the date on the written notice, indicating whether or not her or she still wishes to receive the Title XX services.

(k) If the individual does not respond within 10 business days, the provider shall no longer be obligated to guarantee Title XX services to that individual.

(l) The individual may reapply to receive Title XX services in accordance with He-E 501.05.

(m) If an individual is found ineligible due to a reported change in circumstances as described in He-E 501.08, the department or the provider shall remove the individual from the wait list and provide notice to the individual that includes the following information:

(1) The individual has been removed from the wait list;

(2) The individual has 30 calendar days from the date of the notice to request an administrative hearing as described in He-E 501.12 and in accordance with He-C 200 and RSA 541-A:29 unless the provisions conflict with the Title XX federal requirements; and

(3) The contact information for the department or provider staff member who completed the notice.

N.H. Code Admin. R. He-E 501.15

#9849-A, eff 1-12-11, (paras (b)-(c));#9849-B, eff 1-12-11, (para (a))

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.