1. (a) The following individuals shall not be considered inmates of public institutions or private institutions primarily engaged in treating mental or emotional disorders or tuberculosis:

   1. (1) Individuals who are admitted to the New Hampshire Hospital for purposes of evaluation only, for a period not to exceed 3 months;
   2. (2) Individuals who, while remaining under the general supervision of a public institution as an official inmate of that institution, physically reside outside the institution;
   3. (3) Individuals under age 22 or age 65 or older who are certified for care at a designated receiving facility as defined in He-M 405.02(f);
   4. (4) Patients at the psychiatric unit of the Dartmouth - Hitchcock Medical Center;
   5. (5) Children in placement in foster homes or other approved child caring institutions;
   6. (6) Children who participate in the special education program at the Sununu Youth Services Center;
   7. (7) Adults in residential care facilities and community living residences; and
   8. (8) Inmates committed by a court order to a NH correctional facility, who require inpatient care at a medical institution as defined in 42 CFR 435.1010.
2. (b) Individuals who are patients at the Glencliff nursing facility unit of the New Hampshire Hospital shall be considered as residing in a nursing facility.

Source. #11042, eff 2-24-16