808.33 Good Cause for Non-Cooperation with NHEP (FAM)

___________________________________________________________________

Good cause for failure or refusal to cooperate with NHEP requirements exist when circumstances are beyond the participant’s control. When an individual fails or refuses to comply with NHEP requirements, the individual is advised in writing of the:

• specific act of non-compliance which constitutes grounds for the sanction;

• specific action required by the individual to remove the sanction; and

• opportunity to claim good cause.

Reasons for Good Cause include, but are not limited to:

• lack of transportation or child care;

• illness, incapacity or disability of the participant, or illness, incapacity or disability of another household member serious enough to require the presence of the participant in the home;

• net loss of cash income;

• required court appearance;

• mandated appointments; or

• unreasonable risk to the health or safety of any household member.

To claim good cause and avoid being sanctioned for failing or refusing to comply with an NHEP requirement, the individual must contact the NHEP representative to explain the reason for the act of non-compliance, and provide verification substantiating a good cause claim.

The individual has 7 business days from either the date of the notification of non-compliance or the verified postmark date of the notice as supplied by the individual, whichever is later, to meet the requirements of claiming good cause.

The NHEP representative must sanction individuals no later than 10 business from the date of non-compliance when individuals fail to contact NHEP, comply with NHEP requirements, or substantiate a good cause reason within 7 business days of the non-compliance notice.

Verification

Acceptable verification for a good cause reason for non-participation with NHEP work requirements includes, but is not limited to:

• written verification from a third party pertaining to the individual’s medical visits, mandated appointments or other circumstances beyond the individual’s control;

• documentation indicating the individual’s efforts to contact local agencies to resolve the reason for non-participation; and

• documentation indicating the individual’s continued efforts to resolve the reason for non-participation, presented on Form NHEP269, Client Statement for NHEP Non-Participation and Plan.

Good Cause Decisions

The NHEP representative must consider all available facts and circumstances when making a good cause decision, including information submitted by the:

• the participant;

• the employer;

• other agencies providing a NHEP service/activity; and

• any other individual with first hand knowledge of the facts and/or circumstances of the situation.

References: He-W 637’s; RSA 167:79; RSA 167:82; RSA 167:85; RSA 167:92;