Section He-E 801.10 - Post-Eligibility Computation of Cost of Care for CFI Waiver Services(a) The amount of income that a participant is liable to contribute toward the cost of his or her CFI waiver services shall be computed as follows: (1) The amount of the participant's gross earned income as defined in He-W 601.04(o) shall be determined;(2) The employment expense disregard, as specified in He-W 654.18 for old age assistance (OAA) or aid to the needy blind (ANB) recipients or the earned income disregard, as specified in He-W 854.18 for aid to the permanently and totally disabled (APTD) recipients, shall be subtracted from the participant's gross earned income to obtain the participant's net earned income;(3) The total amount of the participant's unearned income, as defined in He-W 601.08(k), shall be added to the net earned income to determine the participant's net income;(4) The allowable deductions, as defined in He-W 854.20 and He-W 654.21, shall be subtracted from the participant's net income;(5) For the maintenance needs of the participant, 300% of the maximum supplemental security income (SSI) benefit for an eligible participant as determined in accordance with 20 CFR 416.410, adjusted by cost of living increases pursuant to 20 CFR 416.405 shall be subtracted from the amount in (4) above;(6) The cost of the following medical expenses incurred by the participant that are not subject to third-party payment shall be subtracted from the amount in (5) above: a. Health insurance premiums, including Medicare Part A, Part B, Part C, and Part D, coinsurance payments, and deductibles;b. Necessary and remedial care that would be covered by medical assistance except that allowable payment limits have been exceeded;c. Necessary and remedial care that is recognized by state law, but not covered by medical assistance; andd. Currently obligated, unpaid prior medical debt;(7) The amount of any continuing SSI benefits, under section 1611 (e) (1) (E) and (G) of the Social Security Act, shall be subtracted from the amount in (6) above;(8) The veterans affairs aid and attendance allowance shall be added to the amount in (6) or (7) above as required by 42 CFR 435.733 (c); and(9) The result in (8) above shall be the amount of income for which the individual is liable to remit as payment toward the cost of his or her CFI waiver services.N.H. Code Admin. R. He-E 801.10
(See Revision Note at part heading for He-E 801) #9969, eff 8-8-11
Amended by Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12830, Effective 8/7/2019, Expires 2/3/2020.Amended by Volume XLII Number 6, Filed February 10, 2022, Proposed by #13340, Effective 1/29/2022, Expires 1/29/2032 (formerly He-E 801.11).