N.H. Code Admin. R. He-W 858.06 – Eligibility for Adult Category Medical Assistance for Home and Community-Based Services Choices for Independence (HCBS-CFI), Home and Community-Based Services for the Developmentally Disabled (HCBS-DD), Home and Community-Based Services for Individuals with an Acquired Brain Disorder (HCBS-ABD), and Home and Community-Based Services for In-Home Supports (HCBS-IHS)

(a) The individual shall be income eligible for HCBS-CFI, HCBS-DD, HCBS-ABD, or HCBS-IHS services as medically needy when:
1. (1) The individuals’ monthly gross income, as defined in He-W 801.04, exceeds the nursing facility cap specified in He-W 858.05(a); and
2. (2) The individual’s net income, as defined in He-W 801.05 is equal to or less than the protected income level (PIL), as specified in He-W 858.04.
(b) If the individual’s net income in (a)(2) above exceeds the PIL, medically needy income eligibility shall be determined in accordance with He-W 878.01.
Source. #7223, eff 3-30-00; ss by #9111, INTERIM, eff 3-24-08, EXPIRED: 9-20-08
New. #9289, eff 10-3-08; rpld by #9499, EMERGENCY RULE, eff 6-30-09; ss by #9289, eff 10-3-08, reinstated by REPEAL OF EMERGENCY RULE, #9524, eff 7-31-09; ss by #12050, eff 11-19-16 (See Revision Note #2 at Part heading for He-W 858); ss by #14378, eff 9-20-25, EXPIRES: 9-20-35
PARTS He-W 859 through He-W 863 & PARTS He-W 865 through He-W 875 RESERVED