CHAPTER 85
HB 1465-FN – FINAL VERSION
22Feb2006… 0888h
2006 SESSION
05/01
HOUSE BILL 1465-FN
COMMITTEE: Health, Human Services and Elderly Affairs
This bill establishes criteria for the department of health and human services to waive claims to reimbursement of food stamp overpayments that result from agency error.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2006… 0888h
06-2878
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to food stamp overpayments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
85:1 New Section; Food Stamp Program; Overpayment. Amend RSA 161 by inserting after section 9 the following new section:
161:10 Food Stamp Program; Overpayment. To the extent permitted by the Food Stamp Act of 1977, as amended, and federal regulations adopted thereunder, the department of health and human services shall terminate or waive any claim to reimbursement for the overpayment of food stamps if the overpayment was the result of department error and:
I. The amount of the overpayment is not more than $450; or
II. The recipient’s income is less than or equal to 2 times the federal poverty level.
85:2 Rulemaking; Food Stamp Program. Amend RSA 161:4-a, IV to read as follows:
IV. The development and administration of the food stamp program under RSA 161:2, XIII, including procedures for waiver of food stamp overpayments.
85:3 Approval by United States Department of Agriculture. The department of health and human services shall obtain approval from the United States Department of Agriculture for the collection practice established in section 1 of this act.
85:4 Contingency. Section 1 of this act shall take effect when the department of health and human services certifies to the secretary of state and the office of legislative services that the department has received approval from the United States Department of Agriculture pursuant to section 3 of this act. If the department’s request is denied, the department shall certify the denial to the secretary of state and the office of legislative services, and section 1 of this act shall not take effect.
85:5 Effective Date.
I. Section 1 of this act shall take effect as provided in section 4 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: May 5, 2006
Effective: I. Section 1 shall take effect as provided in section 4.
II. Remainder shall take effect May 5, 2006