New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-W - Former Division of Human Services
Chapter He-W 600 - FINANCIAL ASSISTANCE AND ELIGIBILITY FOR MEDICAL CARE
Part He-W 686 - PROTECTIVE AND VENDOR PAYMENTS
Section He-W 686.01 - Protective and Vendor Payments

Universal Citation: NH Admin Rules He-W 686.01

Current through Register No. 40, October 3, 2024

(a) For adult category financial assistance, protective and vendor payments shall be made under the same circumstances and in the same manner as for NHEP/FAP financial assistance, unless otherwise specified.

(b) Protective payments shall be authorized when required by federal regulations and due to mismanagement of funds as described in (d) below.

(c) Th e entire assistance payment, notices of decision, and medical assistance cards shall be sent to the person designated a s protective payee.

(d) Mismanagement of funds shall include, but not be limited to:

(1) Recurring inability to plan for and meet a month's needs;

(2) Recurring failure to meet obligations for rent and groceries;

(3) Repeated evictions or incurrence of debts with attachments against current non-assistance income; or

(4) Recurring incidents of children not being properly fed or clothed, and their health and safety is threatened.

(e) Physical or mental incapacities by themselves shall not be valid reasons for assigning a protective payee.

(f) The protective payee shall be selected from the following:

(1) A relative, friend, neighbor or clergyman;

(2) An individual who works with voluntary social agencies, or is on the staff of a public agency which provides homemaker and housekeeping aid services, practical nursing, rehabilitation or housing; or

(3) For adult category cases, the superintendent, or his or her designated representative, of a public institution for the mentally ill or mentally retarded, provided that there are staff available to assist the superintendent in carrying out the protective payee function.

(g) The protective payee shall not be a staff member of the department.

(h) The responsibilities of the protective payee shall be as follows:

(1) To receive the client's entire assistance payment, and pay the bills according to a budget planned with the client;

(2) Encourage the applicant or recipient to actively participate in the management of his or her income, resources, and expenses;

(3) Cooperate with the social worker and the department staff member in helping the applicant or recipient;

(4) Maintain reasonable accountability of the applicant or recipient's assistance payments; and

(5) Comply with applicable federal laws and regulations, and state statutes regarding confidentiality.

(i) For adult category cases, protective payments for mismanagement shall be continued indefinitely if the mismanagement situation is not resolved.

(j) When voluntarily requested in writing as described in (l) below by the client, a portion or all of the assistance payment shall be made payable to a vendor.

(k) In order to initiate vendor payments, the applicant or recipient shall:

(1) Specify the vendor's name, address, and the amount of the payment; and

(2) Notify the district office in writing when a vendor payment is to be changed or when vendor payments are to be terminated.

(l) Vendor payments shall not be made if:

(1) A creditor is coercing the individual; or

(2) The district office has knowledge that a creditor will not provide the individual with the same quality and quantity of goods that would be provided to the general public.

(m) Voluntary vendor payments shall not be authorized for applicants or recipients who have a:

(1) Protective payee due to mismanagement of funds, or Title IV-D non-compliance, even if the check is directed to the casehead; or

(2) Foster parent, guardian or conservator.

(See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRED: 10-25-97; ss by #6614, eff 10-24-97; amd by #6825, eff 8-3-98; amd by #6826, eff 8-3-98; amd by #6896, eff 12-1-98; amd by #8452, eff 10-22-05; amd by #8684, eff 7-21-06

The amended version of this section by New Hampshire Register Number 28, eff. 6/21/2023 is not yet available.

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