Current through Register No. 40, October 3, 2024
(a) In-home
supports shall be available to any individual birth through the age of 21 who
lives at home with his or her family, and who:
(1) Is found eligible for services by an area
agency pursuant to:
a.
He-M
503.05 for individuals aged 3 to 21; or
b. He-M 510 for individuals under the age of
3;
(2) Is found eligible
for Medicaid by the department pursuant to applicable rules in He-W 600 and
He-W 800;
(3) Has not graduated or
exited the school system;
(4) Has 2
or more factors specific to the individual or a combination of at least one
factor specific to the individual and one factor specific to the parent which
complicate care of the individual or impede the ability of the care-giving
parent to provide care, including:
a. The
following factors specific to the individual:
1. Lack of age appropriate awareness of
safety issues so that constant supervision is required;
2. Destructive or injurious behavior to self
or others;
3. Inconsistent sleeping
patterns or sleeping less than 6 hours per night and requiring supervision when
awake; or
4. Any other condition
that impedes the ability of the:
(i)
Care-giving parent to provide care; or
(ii) Individual to participate in local
community childcare or activity programs without support(s); or
b. The following
factors specific to the parent:
1. Care
responsibilities for other family members with disabilities or health
problems;
2. Age of either parent
being less than 18 years or above 59;
3. Physical or mental health condition which
impedes the ability of the care-giving parent to provide care;
4. Founded child neglect or abuse as
determined by a district court pursuant to
RSA
169-C:21; or
5. Availability of only one parent for
care-giving; and
(5) Is determined by the department to meet
institutional level of care as demonstrated by requiring one of the following:
a. Services on a daily basis for:
1. Performance of basic living
skills;
2. Intellectual,
communicative, behavioral, physical, sensory motor, psychosocial, or emotional
development and well-being;
3.
Medication administration; or
4.
Medical monitoring or nursing care by a licensed professional person such as:
(i) A registered nurse;
(ii) A licensed practical nurse;
(iii) A physical therapist;
(iv) An occupational therapist;
(v) A speech pathologist; or
(vi) An audiologist; or
b. Services on a less than daily
basis as part of a planned transition to more independence or to prevent
circumstances that could necessitate more intrusive and costly
services.
(b)
To obtain determination of home and community based services waiver
eligibility, in addition to the eligibility letter pursuant to
He-M
503.05 or 510, the area agency shall complete and
submit to the bureau a "NH Bureau of Developmental Services Functional Screen
for Waiver Services" form (May 2013) and a "Bureau of Developmental Services
In-Home Supports Waiver Individual/Parent Factors Form" (April 2022) within 3
business days of the eligibility determination made in accordance with
He-M
524.03(a)(1)-(4) above.
(c) A person shall not be eligible for
services under He-M 524 if he or she is:
(1)
Not living with his or her family; or
(2) Receiving services under another home and
community based Medicaid waiver.
(d) The bureau shall deny in-home supports if
it determines that the provision of services will result in the loss of federal
financial participation for such services.
#7891, eff 5-20-03; ss by #9927, INTERIM, eff 5-21-11,
EXPIRES: 11-17-11; ss by #10027, eff
11-17-11
