SB24 (2006) Detail

Relative to disposition upon death of patient accounts in nursing homes.


CHAPTER 180

SB 24 – FINAL VERSION

01/18/06 0255s

05/11/06 2197eba

2006 SESSION

05-0987

01/09

SENATE BILL 24

AN ACT relative to disposition upon death of patient accounts in nursing homes.

SPONSORS: Sen. Foster, Dist 13

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires the nursing home administrator to file an affidavit for the purpose of disposing of a deceased person’s estate within 180 days after the date of the patient’s death.

This bill is the request of the administrative judge of the probate court.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/18/06 0255s

05/11/06 2197eba

05-0987

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to disposition upon death of patient accounts in nursing homes.

Be it Enacted by the Senate and House of Representatives in General Court convened:

180:1 Patient Accounts; Disposition of Accounts. Amend RSA 151-A:15 to read as follows:

151-A:15 Patient Accounts; Disposition Upon Death; Testate or Intestate.

I. If [30] within 180 days after the date of a testate or intestate patient's death in any nursing home no petition for probate has [yet] been filed under any section of RSA 553 and the gross value of the personal property remaining at the nursing home belonging to the deceased, including any amount left in a patient account, is no more than $2,500, the nursing home administrator [may] shall file in the probate court in the county where the nursing home is located an affidavit for the purpose of disposing of such deceased patient's estate. The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to RSA 547:33 and RSA 548:8. The nursing home administrator shall not file a death certificate with the probate court, but shall attest to the death in the affidavit. If the nursing home patient died testate and if the nursing home administrator has the will or a copy of the will, the nursing home administrator shall file the [will] same in the probate court in the county where the nursing home is located. The probate court shall waive all filing fees.

II. Notwithstanding the provisions of RSA 561, if all [just] known debts of the deceased have been paid and a balance remains in the deceased's estate [60 days] after the filing required under paragraph I[, and the nursing home administrator is unable to ascertain any heir or legatee], the probate court shall order the administrator to pay the balance into the treasury of the county where the deceased was domiciled, where it shall be subject to the claims of persons entitled to it, through application to the county commissioners.

180:2 Effective Date. This act shall take effect upon its passage.

Approved: May 25, 2006

Effective: May 25, 2006