3. That portion of medical expenses in excess of $ 35.00 per month, excluding the cost of special diets, incurred by any household member who is elderly or disabled as defined at 10:87-2.34. Spouses or other persons (that is, essential persons) receiving benefits as dependents of the SSI or disability and/or blindness recipient are not eligible to receive this deduction. Persons receiving "emergency" SSI benefits based on presumptive eligibility are eligible for this deduction.
i. The following items are allowable medical costs:
(1) Medical and dental care including psychotherapy and rehabilitation services provided by a licensed practitioner authorized by State law or other qualified health professional;
(2) Hospitalization or outpatient treatment, nursing care, and nursing home care including payments by the household for an individual who was a household member immediately prior to entering a hospital or nursing home provided by a facility recognized by the State;
(3) Prescription drugs when prescribed by a licensed practitioner authorized under State law and other over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional; in addition, costs of medical supplies, sick-room equipment (including rental) or other prescribed equipment are deductible;
(4) Health and hospitalization insurance policy premiums. When policies include individuals who are not eligible for a medical deduction, only that portion of the premiums which covers the individual(s) eligible for the deduction shall be deductible. If that portion is not identifiable, then a prorated share may be used to determine the allowable amount (see 10:87-7.7(b) ). This deduction only applies when the policy holder is a member of the eligible household. The costs of health and accident policies such as those payable in lump-sum settlements for death or dismemberment or income maintenance policies such as those that continue mortgage or loan payments while the beneficiary is disabled are not deductible;
(5) Medicare premiums related to coverage under Title XVIII of the Social Security Act;
(6) Dentures, hearing aids, and prosthetics;
(7) Securing and maintaining a seeing eye or hearing dog including the cost of dog food and veterinarian bills, as well as the care and maintenance of a dog with a card that identifies him or her as a service dog, so designated by the Americans With Disabilities Act, 42 U.S.C. §§
12101 et seq.;
(8) Eye glasses prescribed by a physician skilled in eye disease or by an optometrist;
(9) Reasonable cost of transportation and lodging to obtain medical treatment or services;
(10) Maintaining an attendant, homemaker, home health aide, housekeeper or child care services, necessary because of age, infirmity or illness. In addition, an amount equal to the one person benefit allotment shall be deducted if the household furnishes the majority of the attendant's meals. The allotment for this meal related deduction shall be that in effect at the time of initial certification. The CWA shall update the allotment amount no later than the next certification. It is not necessary for the CWA to update this deduction at the time of the annual allotment adjustment. If a household incurs attendant care costs that could qualify under both the medical deduction and dependent care deduction, the CWA shall treat the cost as a medical expense;