167:3-e Home Care for Children With Severe Disabilities.

I. If a child is enrolled in the medical assistance program that provides home care for children with severe disabilities, the commissioner shall assist the child's parent or guardian to recover costs for medical care and services under any private health insurance available to the child. II. The department of health and human services may acquire adaptive equipment and other specialized home health care assets for the purpose of loaning such equipment to participants in the medical assistance program that provides home care for children with severe disabilities. The department shall have authority to contract for the refurbishment of such equipment, to reissue equipment returned to the department, and to dispose of any equipment that is no longer useful. III. To be eligible for home care for children with severe disabilities, a child shall, at a minimum, have an impairment or combination of impairments that meets, medically equals, or functionally equals the criteria for an impairment as listed in 20 CFR, Part 404, Subpart P, App. 1. IV. A child who has been determined to meet the requirements of institutional level of care shall receive services to the extent the estimated cost of care outside an institution is no higher than the estimated medicaid cost of appropriate institutional care.