- (a) The department shall provide medical assistance under the provisions of 42 USC 1396a (a)(10)(A)(i).
(b) Categorically needy medical assistance shall be provided to the following coverage groups pursuant to 42 USC 1396a(a)(10)(A)(ii):
- (1) Individuals who would be eligible for, but are not receiving, financial assistance under one of the department's financial assistance programs, in accordance with 42 CFR 435.210;
- (2) Individuals who would be eligible for, but are not receiving, financial assistance under one of the department's financial assistance programs due to their medical institutional status, in accordance with 42 CFR 435.211;
- (3) Children for whom public agencies are assuming full or partial financial responsibility or who are in a foster home or private institution, as defined in He-W 801.06;
- (4) Children whose adoption is being subsidized in full or part by a public agency;
- (5) Individuals receiving adult category financial assistance;
- (6) Individuals in institutions who are eligible under a special income level, in accordance with 42 CFR 435.236;
- (7) Individuals who would be eligible for medical assistance if they were in a medical institution, but are instead receiving home and community based services in accordance with 42 CFR 435.217;
- (8) Children with severe disabilities who meet the requirements, in accordance with RSA 167:3-e, RSA 167:3-f, RSA 167:3-g and 42 CFR 435.225; or
- (9) Deemed newborn children as described in 42 CFR 435.117.
- (c) Medically needy medical assistance shall be provided to any individual who meets the general, categorical, and technical requirements for categorically needy medical assistance, provided the individuals meet the financial requirements for medically needy medical assistance and not the financial requirements for categorically needy medical assistance.
- (d) Medical assistance shall be provided to individuals age 65 or older who are patients in institutions for mental diseases, in accordance with 42 CFR 441.101.
Source. #13833, eff 12-23-23