HB 1443 – AS INTRODUCED
2010 SESSION
05/01
HOUSE BILL 1443
AN ACT relative to Medicaid, statutory and other liens or subrogation claims for public assistance or medical expenses.
SPONSORS: Rep. Nixon, Hills 17; Rep. Craig, Hills 9; Rep. Leishman, Hills 3; Rep. T. Russell, Rock 13; Rep. Ramsey, Hills 8
This bill provides that when a Medicaid, statutory or other lien or subrogation claim is asserted against a recipient’s third-party settlement or award, the court shall apportion the award between the recipient and the state, lienholder, or subrogation claimant as justice may require, provided that reimbursement shall not exceed 2/3’s of the amount claimed by the state, lienholder, or subrogation claimant, as the case may be.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2677
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to Medicaid, statutory and other liens or subrogation claims for public assistance or medical expenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Medicaid, Statutory and Other Liens or Subrogation Claims for Public Assistance or Medical Expenses. RSA 167:14-a, III-a is repealed and reenacted to read as follows:
III-a. Whenever a Medicaid, statutory, or other lien or subrogation claim is asserted for reimbursement for medical expenses as to a recipient’s recovery against a third party, the court in which the action is pending shall order such division of expenses and costs, including attorneys’ fees, between the recipient and the state or private entity asserting such lien or claim, as justice may require. Notwithstanding the foregoing, in no event shall such reimbursement exceed two-thirds of the amount claimed by the state or private entity.
2 Repeal. RSA 167:14-a, IV, relative to the procedure for disbursement of third-party settlements to medical assistance recipients, is repealed.
3 Effective Date. This act shall take effect January 1, 2011.