Current through Register No. 40, October 3, 2024
(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.
(See Revision Note at part heading for He-E 502) #10530,
eff 2-28-14
