Section He-W 858.05 - Eligibility for Adult Category Medical Assistance Nursing Care(a) The nursing facility cap shall be 300% of the maximum SSI benefit for an eligible individual as determined in accordance with 20 CFR 416.410, adjusted by cost-of-living increases pursuant to 20 CFR 416.405.(b) The individual shall be income eligible for nursing facility care as categorically needy when the individual's monthly gross income, as defined in He-W 601.04(o) , is less than or equal to the nursing facility cap specified in (a) above.(c) The individual shall be income eligible for nursing facility care as medically needy when: (1) The individual's monthly gross income, as defined in He-W 601.04(o) , exceeds the nursing facility cap specified in (a) above; and(2) The individual's net income, as defined in He-W 601.05(v) , is less than or equal to the monthly medicaid nursing facility rate, as defined in He-E 806.01(aa) .(d) When determining resource eligibility for nursing facility care as categorically needy, $1,000 of the individual's resources shall be disregarded.N.H. Admin. Code § He-W 858.05
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12050, Effective 11/19/2016, Expires 11/19/2027.