RSA 167:83. Administration; Duties; Rulemaking.

I. The commissioner shall provide: (a) Cash benefits to needy families with dependent children. (b) Assistance to parents and caretaker relatives of children in such families for employment searches, and other work preparation activities, work experience, and support services that the state considers appropriate to enable such families to achieve self-sufficiency. (c) Special needs, emergency assistance, and other support and preventive services to parents and caretaker relatives of children in such families under RSA 167:7, V. II. The commissioner shall adopt rules under RSA 541-A relative to: (a) A system of hearings for filing a complaint or an appeal. (b) Notification of case decisions which affect the type or amount of benefits, the level of eligibility, or changes in participation requirements. (c) Verification of eligibility and program requirements. (d) Redetermination of an assistance group's eligibility. (e) The budgeting method for determining or estimating income and family circumstances for the period of the financial assistance payment. (f) The frequency and distribution of financial assistance payments. (g) Procedures for voluntary vendor payments. (h) Assignment of protective payees. (i) Procedures for reconciling incorrect payments. (j) Performance standards and a quality control system. (k) Fraud disqualification, including the treatment of needs, income, and resources of disqualified individuals. (l) Requirements for proof of good cause claims. (m) Procedures for counting income and resources of ineligible assistance group members. (n) Child support payments made to the department directly by the participant. (o) Operation of the employment program and employment-related activities as required by PRWORA, as amended by DRA, and federal regulations promulgated thereunder. (p) [Repealed.] (q) Modification of the work requirement for the child care scholarship program to include participation in an approved mental health or substance use disorder or substance misuse treatment program verified by a licensed physician, an advanced practice registered nurse (APRN), a licensed behavioral health professional, a licensed physician associate, a licensed alcohol and drug counselor (LADC), a certified recovery support worker (CRSW), or a board-certified psychologist. (r) The development and administration of the child care scholarship program as a component of the Child Care Development Block Grant. The department may suspend implementation of this subparagraph if the department lacks sufficient appropriation for implementation. Such rules shall: (1) Identify a protected class for children at-risk of or diagnosed with a disability or special needs under the Child Care Development Block Grant. (2) Consider in its definition delays across all domains of child development including but not limited to a child's physical, cognitive, communication, social, emotional, and/or behavioral skills. (A) The definition of "disability" or "special needs" under the child care scholarship program shall include any child who displays, or is at risk for, delayed social or emotional development. (B) An eligible child shall not require a formal diagnosis or formal special education code, but rather shall qualify under this category so long as the child is screened and found to be delayed or at risk of delay through an approved early childhood developmental screening tool and the results verified by an approved child care provider and licensed treating clinician, or other approved licensed professional. (3) Identify the standardized and/or approved early childhood developmental screening tools necessary to determine eligibility and establish the verification process by which a child's child care provider, licensed treating clinician, or other licensed professional as reasonably identified by the department, shall verify, or otherwise certify the results of the tool. (s) Payments for child care providers. Such rules shall: (1) Streamline data entry requirements for providers receiving child care scholarship payments by eliminating any requirement to report hourly attendance, to the extent that such reporting is not necessary for administering child care scholarship payments; and (2) By December 2025, implement a system of prospective provider payments, through which child care providers shall receive scholarship program payments in advance of or at the beginning of each payment period. If a provider begins providing care to a child in the middle of a service period, the department may delay the first payment until the start of the next service period. [Paragraph II(t) repealed by 2025, 141:429 effective May 2, 2028.] (t) Child care scholarship presumptive eligibility pilot program. (1) The department shall develop and implement a presumptive eligibility pilot program, whereby applicants who meet threshold screening requirements established by the department will receive the benefit of child care scholarship funds while the application process is underway, from the date of the initial screening until the earliest of: (A) 60 days after the initial screening; (B) The date on which a final eligibility determination is made; or (C) The expiration of a submission period, the length of which shall be identified by the department, if the applicant fails to submit the required information or documentation to establish eligibility during this period. The department shall provide both the applicant and the child care provider at least 10 days notice, and shall supply the applicant a list of the verification documents still required to determine eligibility, before terminating the presumptive eligibility period on this basis. (2) Except in cases of fraud or intentional violation of program rules, no child care provider and no scholarship applicant shall be held responsible for the costs of care paid from scholarship funds during such period of presumptive eligibility, even if the child is ultimately determined ineligible for scholarship funds. (3) The department shall establish criteria and parameters as needed to implement the program. (4) The duration of this pilot program shall be 24 months, beginning January 1, 2026. (5) The department may suspend this pilot program, with notice to providers and prospective applicants, if an active waitlist is maintained pursuant to N.H. Admin. Code section He-C 6910.11, and the department shall reinstate the pilot program if such a waitlist ends during the duration of the pilot program. (6) On or before May 1, 2028, the department shall provide a detailed report of the presumptive eligibility pilot program to the house health and human services oversight committee and senate health and human services committee of the general court. The report shall include the following information: (A) Information regarding family and provider interest and utilization of the program during the pilot period; (B) Information regarding the costs and benefits of the program as implemented, and any suggestions for improvements; (C) Funding levels necessary to sustain the program going forward; and (D) Any other relevant information regarding the program. (u) District office staff training. The department of health and human services shall develop and engage in training of all district office staff regarding changes to the child care scholarship program. III. The department shall advise persons of the following rights: (a) To apply for assistance and have a timely decision made on the application. (b) To choose any person to assist them in any aspect of the eligibility process. (c) To be notified of the decision relative to eligibility, benefit amounts, and of any changes which affect the benefit amount, the level of eligibility, or changes in participation requirements. (d) To receive written information and be notified of the lump sum policy provisions at the time of application, redetermination, and report of lump sum income. (e) To not be discriminated against because of gender, race, creed, color, sex, gender identity, sexual orientation, age, disability, political affiliation or beliefs, religion, or national origin. (f) To request an administrative review or a fair hearing when they are dissatisfied with any action or inaction by the department which affects participation in the employment program, or benefit level or amount of assistance. (g) To have all information concerning the person held confidential. Use or disclosure of information in case files shall be limited to persons directly involved in administration or enforcement of the employment program, or as otherwise permitted by policy or federal or state laws, or as provided in RSA 167:30. (h) To be notified of eligibility requirements and actions the department shall take if the person does not comply with eligibility requirements. (i) To unrestricted use of financial assistance. (j) To any other rights as defined by the department by rules adopted pursuant to RSA 541-A as necessary to promote the purpose and goals of this subdivision. IV. The department has the right to pursue and collect any child or spousal support payments made by a person not in the assistance group to benefit any family member of such person in the assistance group. V. The commissioner may enter into an agreement or contract with the commissioner of the department of employment security to carry out the employment program and may delegate authority and duties for the employment program to the commissioner of the department of employment security and other state agencies. The commissioner shall adopt rules for the employment program. Source: Source. 1995, 310:62. 2006, 325:10-12. 2007, 349:13. 2010, Sp. Sess., 1:1. 2012, 171:26, X, eff. Aug. 10, 2012. 2018, 334:1, eff. June 30, 2019. 2019, 332:13, eff. Oct. 15, 2019. 2024, 367:2, eff. Jan. 1, 2025. 2025, 105:1, eff. June 17, 2025; 141:427, eff. July 1, 2025; 141:429, eff. May 2, 2028.