CHAPTER 316
HB 501 – FINAL VERSION
2009 SESSION
05/09
HOUSE BILL 501
AN ACT relative to recovery of assistance by the department of health and human services.
COMMITTEE: Health, Human Services and Elderly Affairs
This bill removes a reference to tenancy in common from property subject to recovery of assistance by the department of health and human services. Under federal law, a tenancy in common would be part of the estate subject to probate and thus subject to recovery by the department.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0654
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to recovery of assistance by the department of health and human services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
316:1 Recovery of Medical Assistance from Estate of Recipient. Amend RSA 167:14-a, VI(a) to read as follows:
(a) For purposes of recovering the costs of medical assistance, the estate of a recipient shall include all property, real or personal, which at the time of a recipient’s death was held by the recipient in joint tenancy with rights of survivorship, [tenancy in common,] or life estate for all such title or interest established on or after July 1, 2005. Recovery shall be limited to the value of the recipient’s ownership interest and in no case shall such amount exceed the total amount of medical assistance provided to the deceased recipient, nor shall recovery extend to any interest in property, real or personal, for which a non-recipient owner paid fair market value at the time said ownership interest was acquired.
316:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: August 7, 2009
Effective Date: October 6, 2009