CHAPTER 126-AA NEW HAMPSHIRE GRANITE ADVANTAGE HEALTH CARE PROGRAM
Section 126-AA:6
126-AA:6 Work Requirements. –
I. In this section:
(a) "Applicable individual" means an individual described in 42 U.S.C. section 1396a(xx)(9)(A) who is eligible for the granite advantage health care program, and who is subject to work requirements.
(b) "Work requirements" mean the Medicaid community engagement and work requirements established under Section 71119 of Public Law No. 119-21.
II. No applicable individual shall be enrolled in Medicaid unless, at the time of application, the individual demonstrates compliance with the work requirements for the one month immediately preceding the month during which the individual applies. The department of health and human services shall require documentary evidence and shall not accept self-attestation at the time of application.
III. The department of health and human services shall verify an applicable individual's compliance with documentary evidence. Verification shall occur on an ongoing basis, at least quarterly between redetermination periods. Self-attestation shall not be accepted.
IV. The department of health and human services may rely on ex parte records and or documentary evidence provided by the applicable individual to verify exemption from work requirements. The department of health and human services shall verify all exemptions and shall not accept self-attestation from individuals seeking exemptions.
V. The department of health and human services shall not seek or implement any additional optional exemptions under 42 U.S.C. section 1396a(xx)(3)(B) or other program waivers without obtaining express approval of the oversight committee on health and human services established in RSA 126-A:13.
VI. The department of health and human services shall only approve an exemption for an individual based on the status of medically frailty or otherwise an individual with special needs if the individual has been medically certified per a statement from a physician, physician associate, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, or a social worker, as having disabling mental disorders, having a physical, intellectual, or developmental disability that significantly impairs their ability to perform activities of daily living, including eating, dressing, bathing, grooming, getting in and out of bed and chairs, walking, going outdoors, using the toilet, or is in treatment for a chronic substance use disorder. In no case may the department of health and human services expand the definition of an individual who is medically frail or otherwise an individual with special needs beyond the scope of the definition established under 42 C.F.R. section 440.315 unless as otherwise modified in Public Law 119-21, Section 71119 (2025).
VII. Any applicable individual who fails to comply with the work requirements shall be provided notice and an additional 30 days to supply verification of compliance or exemption. After the 30-day notice period, the department of health and human services shall disenroll any applicable individual who does not demonstrate compliance with the work requirements or qualify for an exemption.
VIII. In the event of a conflict between this section and the requirements of Public Law 119-21, Section 71119 (2025), the requirements of the federal statute or regulation shall control.