The most appropriate degree of care under which to evaluate the recipient’s eligibility per He-W 508.03(a)(7) above shall be determined as follows:

1. (a) The MRT shall review, in accordance with RSA 167:3-g, II, the recipient’s medical condition and community care needs; and

2. (b) Based upon the review in (a) above, the MRT shall:

   1. (1) Determine that the degree of care provided by a hospital is appropriate for the recipient, if all of the criteria in RSA 167:3-g, III, are met;
   2. (2) Determine that the degree of care provided by a psychiatric hospital is appropriate for the recipient, if all of the criteria in RSA 167:3-g, IV, are met;
   3. (3) Determine that the degree of care provided by a nursing facility is appropriate for the recipient, if any one of the criteria in RSA 167:3-g, V, is met; or
   4. (4) Determine that the degree of care provided by an ICF-MR is appropriate for the recipient, if all of the criteria in RSA 167:3-g, VI, are met.

Source. #9291, eff 7-1-09 (from He-W 508.03)