2026-224 IP Notice He-W 801.07

The New Hampshire Department of Health and Human Services is proposing to readopt with amendment He-W 801.07, titled "Eligibility for Medical Assistance Definitions R-S," pursuant to RSA 167:3-c, I. The amendment is required to conform state Medicaid rules to Section 71112 of Public Law 119-21, the "One Big Beautiful Bill Act," which CMS refers to as the "Working Families Tax Cut" legislation. Section 71112 of Public Law 119-21 reduces the retroactive coverage period available under Medicaid. Under the amended rule, individuals enrolled in the adult expansion group as described in 42 CFR 435.119 will be eligible for retroactive medical assistance coverage for up to one month preceding the application date. All other categories of Medicaid beneficiaries will be eligible for up to two months of retroactive coverage. These limits apply to applications scheduled on or after January 1, 2027. The existing rule provides three months of retroactive Medicaid coverage across all beneficiary categories. The proposed amendment reduces that period for both the adult expansion group and all remaining categories, bringing state rules into conformance with the federal statutory change. The Fiscal Impact Statement, FIS No. 26:223 dated October 12, 2026, states that the proposed rule change decreases state expenditures by an indeterminable amount and increases costs to state citizens by an indeterminable amount, to the extent that reduced retroactive coverage results in out-of-pocket costs for services previously covered. There is no identified impact on political subdivisions or independently owned businesses. The public comment deadline is Friday, November 20, 2026. A public hearing is scheduled for Friday, November 13, 2026, at 11:30 AM at the DHHS Brown Building Auditorium, 129 Pleasant St., Concord, NH.