1. (a) PDN shall not be a covered service when the recipient resides in any one of the following:

   1. (1) A nursing facility licensed pursuant to RSA 151:2 and He-P 803;
   2. (2) A hospital licensed pursuant to RSA 151:2 and He-P 802;
   3. (3) An assisted living residence-supported residential health care (ALR-SRHC) facility licensed pursuant to RSA 151:2 and He-P 805;
   4. (4) A private non-medical institution as defined in 42 CFR 434.2, and licensed pursuant to RSA 151:2 and He-P 800;
   5. (5) An intermediate care facility for individuals with intellectual disabilities (ICF/IID) as defined in 42 CFR 440.150; and
   6. (6) An institution for mental diseases (IMD) as defined in 42 CFR 435.1010.
2. (b) Services that consist only of assistance with activities of daily living or other non-skilled services needed to live at home that do not require a nurse, including but not limited to assistance with grooming, toileting, eating, dressing, getting into or out of a bed or chair, and walking shall not be covered as PDN.

Source. (See Revision Note at chapter heading He-W 500); ss by #6134, eff 11-30-95, EXPIRED: 11-30-03 New. #8069, eff 4-17-04; ss by #10107, INTERIM, eff 4-17-12, EXPIRES: 10-15-12; ss by #10186, eff 10-15-12; ss by #13544, eff 1-28-23