Section He-W 856.01 - Resources - Basic Principles(a) Except where otherwise provided or specifically prohibited by federal law, resources shall be evaluated and treated the same for all categories of medical assistance that use a resource test in the eligibility determination process.(b) The department's state spousal resource standard shall be the minimum standard required by 42 USC 1396r-5(f) and (g) .(c) As required by 42 USC 1396r - 5(e) (2) (C) , there shall be substituted for the community spouse resource allowance, pursuant to 42 USC 1396r - 5(f) (2) , an amount adequate to raise the community spouse's income up to the maximum maintenance allowance if all of the following conditions are met: (1) The institutionalized spouse has allocated the maximum amount of income allowed pursuant to He-W 654.21(h) ; and(2) An administrative appeals officer determines that the community spouse resource allowance, in relation to the amount of income generated by such an allowance, is inadequate to raise the community spouse's income to the maximum maintenance allowance specified in 42 USC 1396r-5(d) .(d) For purposes of evaluating and treating resources, individuals applying for or receiving home and community based care shall not be considered institutionalized individuals except when evaluating asset transfers.N.H. Admin. Code § He-W 856.01
Amended by Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10924, Effective 10/1/2015, Expires10/1/2025.