Section He-M 503.06 - Periodic Review of Conditional Eligibility(a) Subsequent to finding an individual to be conditionally eligible for services pursuant to He-M 503.03(f), the area agency shall render a definitive decision on eligibility before the individual reaches the age of 18.(b) To determine whether the applicant is eligible, the area agency shall, at minimum, arrange for reevaluations: (1) Anytime during the ages of 7 through 9;(2) Anytime during the ages of 12 through 14; and(3) Not later than the individual's 18th birthday.(c) If any of the reevaluations pursuant to (b) above, or any other information obtained subsequent to finding an applicant conditionally eligible, demonstrates to the area agency that a person is eligible for services pursuant to He-M 503.03(a), any subsequent required reevaluations to determine eligibility shall not be performed.(d) If the results of any of the reevaluations, or any other information obtained subsequent to finding an applicant conditionally eligible, demonstrate to the area agency that the applicant's disability will continue indefinitely or the diagnosis is conclusive as defined in He-M 503.02(o), the area agency shall determine them eligible for services and so inform the applicant, guardian, or representative in writing.(e) If the results of any of the reevaluations demonstrate that the applicant does not meet the criteria as defined in He-M 503.02(o), the area agency shall inform the applicant, guardian, or representative in writing no more than 3 business days from the determination of ineligibility and phase out services over the 12 months following the date of notice. The phase plan shall be outlined through a service agreement.(f) In each instance where the reevaluation leads to a denial of eligibility, the area agency shall, in writing: (1) Inform the applicant, guardian, or representative of the determination;(2) Describe the specific legal and factual basis for the denial, including specific citation of the applicable law or department rule; and(3) Advise the applicant of the appeal rights under He-M 503.16.(g) An applicant, guardian, or representative may appeal a denial of eligibility based on the reevaluation pursuant to He-M 503.16 and He-C 200.N.H. Admin. Code § He-M 503.06
#1969, eff 2-25-82; ss by #2615, eff 2-6-84; ss by #2962, eff 1-22-85; ss by #5211, eff 8-28-91; EXPIRED: 8-28-97
New. #6581, INTERIM, eff 9-19-97, EXPIRED: 1-17-98
New. #6932, eff 1-27-99; ss by #8805, eff 1-27-07
Amended byVolume XXXV Number 06, Filed February 12, 2015, Proposed by #10774, Effective 1/27/2015, Expires7/27/2015.Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10900, Effective 7/25/2015, Expires7/25/2025.Amended by Number 2, Filed January 11, 2024, Proposed by #13841, Effective 12/29/2023, Expires 12/29/2033.