SB 320-FN – AS INTRODUCED
2008 SESSION
05/04
SENATE BILL 320-FN
COMMITTEE: Health and Human Services
This bill permits the state to recover unauthorized payments of public assistance regardless of the reason for the overpayment.
This bill is a request of the department of health and human services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2680
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to unauthorized payment of public assistance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Unauthorized Payments; Recovery by State. Amend RSA 167:17-a to read as follows:
167:17-a Unauthorized Payments; Recovery by State. Any sums paid to or on behalf of any person under the provisions of RSA 167 as a result of any false statement, misrepresentation or concealment of or failure to disclose the receipt of property, wages, income or resources by him or by any person legally liable for his support may be recovered [in an action brought by the state against such person] through administrative or judicial process, in an action brought by the state against such person. Provided further, the state may recover any such public assistance overpaid without regard to the reason for such overpayment, including but not limited to errors committed by the department, its employees, agents, and contractors. The commissioner of the department of health and human services shall recover any unauthorized payments by reasonably adjusting current and future grant amounts received by the person violating the provisions of this section.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
08-2680
12/17/07
SB 320-FN - FISCAL NOTE
AN ACT relative to unauthorized payment of public assistance.
FISCAL IMPACT:
The Department of Health and Human Services states this bill may increase state revenue by $11,218 in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local expenditures, or county and local revenue.
METHODOLOGY:
The Department states this bill would clarify an ambiguity in the language of RSA 167:17-a relating to the authority of the Department to seek recovery of overpayments of public assistance benefits regardless of the reason for the overpayment (including agency error). Currently, the Department is not establishing new agency error claims due to an administrative appeal decision that overturned an agency error claim. The Department assumes if this bill becomes law, they will resume the establishment and collection of agency error claims at FY 2007 levels. During FY 2007, $27,312 was collected for agency error claims, of which $11,218 represented state general fund dollars for all programs with the exception of food stamps. The Department estimates the fiscal impact in FY 2008 and each year thereafter will be approximately consistent with FY 2007 figures.