Section Ve-H 304.03 - Effect of Assets on Eligibility for Residency(a) Applicants whose assets, after the allowable spend-down described in Ve-H 304.04, are greater than $30,000 on the date of application for residency, or at any time during the 12 months immediately prior to the date of application, shall:(1) Be permitted to retain their assets and be considered financially eligible on the condition that they pay full room and board charges net of any per diem reimbursement by the federal government; or(2) Be permitted, after achieving resident status, to:a. Actively market and sell their assets;b. Pay any arrears in full room and board charges net of any per diem reimbursement by the federal government accrued during the period required to realize the proceeds of the sale of the assets; andc. Thereafter pay full room and board charges net of any per diem reimbursement by the federal government.(b) Proof of active marketing of an asset pursuant to (b)(2)a. shall: (1) Be submitted to the home when requested; and(2) Consist in a copy of: a. A purchase and sale agreement;b. A listing with a commercial broker;c. A commercially published advertisement showing the asset to be for sale; ord. A printout of a sales listing on a website not belonging to the seller of the asset.(c) Applicants whose assets are $30,000 or less, after the allowable spend-down described in Ve-H 304.04, on the date of application for residency, or at all times during the 12 months immediately prior to the date of application, shall be permitted to retain their assets and be considered financially eligible on the condition that they pay for room and board in accordance with Ve-H 304.05.(d) Assets held in the name of the applicant or resident shall be presumed to be those of the applicant or resident unless: (1) The asset is: a. The applicant's or resident's only residential property; andb. The property is occupied by the applicant's or resident's: 2. Person eligible to be listed as a dependent on the applicant's federal income tax return; or(2) Shared ownership of the asset can be proven, and the applicant's or resident's ownership share can be precisely determined, on the basis of mortgage documents, court records, or other similar documents showing shared ownership.N.H. Admin. Code § Ve-H 304.03
Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12711, Effective 1/15/2019, Expires 1/15/2029.