TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 167
PUBLIC ASSISTANCE TO BLIND, AGED, OR DISABLED PERSONS, AND TO DEPENDENT CHILDREN

Section 167:4-f

    167:4-f Financial Eligibility. –
I. Financial eligibility for Medicaid adult home and community-based waiver programs shall include the following resource limits:
(a) For married individuals, revert to the standard in place prior to the passage of the federal Affordable Care Act, so that only the resources in the name of the applicant, and not the resources in the name of the applicant's spouse are counted for purposes of determining Medicaid resource eligibility; and
(b) For single individuals, establish a resource disregard of $6,000, which would have an effective resource limit of $7,500.
II. Department of Health and Human Services; Resource Disregard Enhancement Authority; Rulemaking. Pursuant to RSA 161:4-a, the department of health and human services shall enter into rulemaking, subject to the Centers for Medicare and Medicaid Services (CMS) approval as necessary, to revert the resource standard for married persons prior to the passage of the Affordable Care Act and increase the resource disregard to a maximum of $6,000 for individuals seeking nursing facility services or home and community based care under state waivers established under section 1915(c) of the Social Security Act.

Source. 2023, 79:575, eff. July 1, 2023.