N.H. Admin. Code § He-W 504.02

Current through Register No. 36, September 5, 2024

Section He-W 504.02 - Medical Eligibility

To be medically eligible for MEAD:

(a) An individual shall have been determined eligible for aid to the permanently and totally disabled (APTD) according to RSA 167:6, VI, or aid to the needy blind (ANB) according to RSA 167:6, IV, within the 12 months prior to an application for MEAD unless the department terminated the individual's APTD or ANB medical assistance due to medical improvement during the previous 12 months; or

(b) If an individual is not medically eligible for MEAD pursuant to paragraph (a), the department shall determine medical eligibility for MEAD in accordance with 42 CFR § 435.540 and 42 CFR 435.541 except that:

(1) The department shall not consider substantial gainful activity (SGA) as described in 20 CFR 416.972 when determining medical eligibility for MEAD; and

(2) The duration of the physical or mental impairment, or combination of impairments, shall have lasted, or might be expected to last for a continuous period of 48 consecutive months or result in death.

N.H. Admin. Code § He-W 504.02

#7644, eff 2-8-02; ss by #8292, eff 2-24-05; ss by #10321, eff 4-25-13

Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13118, Effective 10/19/2020, Expires 4/17/2021

Amended by Volume XLI Number 27, Filed July 8, 2021, Proposed by #13215, Effective 6/22/2021, Expires 6/22/2031 (See Revision Note at part heading for He-W 504)