N.H. Code Admin. R. He-E 502.13

Current through Register No. 25, June 20, 2024

Section He-E 502.13 - Wait Lists

(a) All services covered by He-E 502 shall be provided to the extent that funds, staff, and resources for this purpose are available.

(b) The contract agency shall maintain a wait list for Title III services when funding or resources are not available to provide the services, except that a wait list for Title III group educational or walk-in services shall not be required.

(c) The wait list shall be maintained for individuals:

(1) Who are newly eligible and ready to receive services;

(2) Who are already receiving services and are requesting additional services; and

(3) Who relocate outside of the catchment area for the contract agency providing services and are requesting Title III services from a contract agency in the new location.

(d) Each contract agency 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 III service being requested;

(3) The target date, if known, of implementing the services based on the communication between the individual and the contract agency;

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

(5) The individual's assigned priority on the wait list, determined in accordance with (e) below; and

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

(e) The contract agency shall prioritize each individual's standing on the wait list by determining the individual's urgency of need in the following order:

(1) Individual has an open APS protective services case;

(2) Individual is not already receiving services through one of DHHS' Medicaid waiver programs, or who may be eligible for other NH Medicaid services;

(3) Individual is identified by Title III as belonging to one of the following groups, as described in He-E 502.01(b)(1)-(6):

a. Individuals with severe disabilities;

b. Low income minority older individuals;

c. Native Americans;

d. Older individuals in greatest social or economic need;

e. Older individuals residing in rural areas; and

f. Older individuals with limited English proficiency;

(4) Individual is at risk of being admitted to an institutional setting due to:

a. Declining mental or physical health of the caregiver;

b. Declining mental or physical health of the individual; or

c. Individual living with a caregiver who is in need of substitute or respite care due to the temporary incapacity, illness, or unavailability of the regular caregiver;

(5) Length of time on the wait list; and

(6) Individual is transitioning from an institutional setting.

(f) 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 eligibility determination date.

(g) The individual may reserve the right to remove his or her name from the wait list at any time or apply for Title III services with another contract agency.

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

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

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

(3) The estimated period of time that the contract agency 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 request Title III services with another contract agency;

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

(6) The contact information for the contract agency(ies); and

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

(i) Upon becoming aware of availability to provide a Title III service, the contract agency shall immediately call and send written notice to the individual requesting Title III services based on the priority outline in (e) above and, if appropriate, the assigned APS protective social worker.

(j) The individual shall respond to the contract agency within 10 business days of the date on the written notice, indicating whether or not they still wish to receive the Title III services.

(k) If the individual does not respond within 10 business days, the contract agency shall no longer be obligated to provide Title III services to that individual.

(l) The individual may make another request for Title III services in accordance with He-E 502.06 and 502.07.

N.H. Code Admin. R. He-E 502.13

(See Revision Note at part heading for He-E 502) #10530, eff 2-28-14

Amended by Volume XLII Number 14, Filed April 7, 2022, Proposed by #13354, Effective 3/19/2022, Expires 3/19/2032