CHAPTER 45
SB 296-FN – FINAL VERSION
2006 SESSION
05/01
SENATE BILL 296-FN
AN ACT relative to recovery of public assistance.
SPONSORS: Sen. Clegg, Dist 14; Sen. Gottesman, Dist 12; Sen. Martel, Dist 18; Sen. Larsen, Dist 15; Sen. Green, Dist 6; Rep. Craig, Hills 9; Rep. Kurk, Hills 7; Rep. O'Neil, Rock 15
COMMITTEE: Health and Human Services
This bill permits the department of health and human services to waive or reduce the state’s right to reimbursement for public assistance in certain cases.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2583
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to recovery of public assistance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
45:1 Recovery of Public Assistance; Waiver. Amend RSA 167:14-a, III-a to read as follows:
III-a. The commissioner of health and human services may recover the full amount of medical assistance furnished by the state if there are proceeds available for such recovery after the deduction of reasonable attorneys’ fees, litigation costs, claims by other creditors, and 10 percent of the remaining net settlement amount for the recipient of medical assistance. Any balance remaining after the state has recovered the full amount due shall be available to the recipient of medical assistance. No attorneys’ fees shall be deducted from the amount due the state from such award or settlement. The commissioner may waive or reduce the amount due the state for good cause upon written request from a recipient or recipient’s attorney. The acceptance of any waiver or the payment of any reduced amount due shall create a rebuttable presumption that the apportionment was equitable in any action brought pursuant to paragraph IV.
45:2 Effective Date. This act shall take effect January 1, 2007.
Approved: April 18, 2006
Effective: January 1, 2007