Revision: May 25, 2018, 11:31 a.m.
CHAPTER 55
SB 574-FN - FINAL VERSION
02/01/2018 0314s
2018 SESSION
18-3015
05/04
SENATE BILL 574-FN
AN ACT clarifying the repayment period for parental reimbursement.
SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Rep. Gile, Merr. 27; Rep. Kotowski, Merr. 24; Rep. Messmer, Rock. 24; Rep. Cahill, Rock. 17; Rep. Wall, Straf. 6
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill clarifies the reimbursement period for which a parent or guardian may be required to reimburse the state for services provided in a juvenile court proceeding. The bill also provides that in delinquency cases, the parental reimbursement obligation ends upon the death of the child receiving the benefit of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/01/2018 0314s 18-3015
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT clarifying the repayment period for parental reimbursement.
Be it Enacted by the Senate and House of Representatives in General Court convened:
55:1 Delinquent Children; Liability for Expenses and Hearing on Liability. Amend RSA 169-B:40, I(c) to read as follows:
(c) The state shall have a right of action over for such expenses against the parents or the people chargeable by law for the minor's support and necessities and the right to require parents or other people chargeable by law for the minor's support and necessities to assign to the state any insurance benefits that may be available to pay for all or a portion of the services provided. The department shall request reimbursement for such expenses from parents or other people chargeable by law for the minor's support and shall request assignment to the state of any insurance benefits that may be available to pay for all or a portion of the services provided. The court shall require the individual chargeable by law for the minor's support and necessities to submit a financial statement annually to the court upon which the court shall make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance benefits available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis. [and shall continue from the time the services begin until 4 years beyond the time such services end] The time period for which the individual shall be obligated to reimburse the state shall be calculated by adding up the total time period for which the child was provided services, plus 4 years, unless such reimbursement is fully paid prior to the end of the 4-year period. The court's jurisdiction to order reimbursement shall continue until the court-ordered obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.
55:2 Child Protection Act; Liability for Expenses and Hearing on Liability. Amend RSA 169-C:27, I(c) to read as follows:
(c) The state shall have a right of action over for such expenses against the parents or the people chargeable by law for the child's support and necessities and the right to require parents or other people chargeable by law for the minor's support and necessities to assign to the state any insurance benefits that may be available to pay for all or a portion of the services provided. The department shall request reimbursement for such expenses from parents or people chargeable by law for the minor's support and necessities and shall request assignment to the state of any insurance benefits that may be available to pay for all or a portion of the services provided. The court shall require the individual chargeable by law for the child's support and necessities to submit a financial statement annually to the court upon which the court shall make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance benefits available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis. [and shall continue from the time the services begin until 4 years beyond the time such services end] The time period for which the individual shall be obligated to reimburse the state shall be calculated by adding up the total time period for which the child was provided services, plus 4 years, unless such reimbursement is fully paid prior to the end of the 4-year period. The court's jurisdiction to order reimbursement shall continue until the court-ordered obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.
55:3 Children in Need of Services; Liability for Expenses and Hearing on Liability. Amend RSA 169-D:29, I(c) to read as follows:
(c) The state shall have a right of action over for such expenses against the parents or the people chargeable by law for the child's support and necessities. Upon written request, the department shall provide the parents or other persons chargeable by law for the minor's support and necessities with a statement of the costs of any services, placements, or programs incurred in the case to date. The parents or other persons chargeable by law for the minor's support and necessities shall promptly notify the department of any insurance benefits that may be available to pay for all or a portion of the services provided. Upon receipt of notice of a proposed service, the parents or other persons chargeable by law for the minor's support and necessities shall contact their insurance carrier within 48 hours to determine if coverage is available to pay for the particular service and shall notify the department of the results. If insurance coverage is available, the parents or other persons chargeable by law for the minor's support and necessities shall cooperate with the insurance carrier and shall comply with the insurance carrier's requirements for direct payment to the provider. The court shall require the individual chargeable by law for the child's support and necessities to submit a financial statement annually to the court upon which the court shall make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance benefits available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis. [and shall continue from the time the services begin until 4 years beyond the time such services end] The time period for which the individual shall be obligated to reimburse the state shall be calculated by adding up the total time period for which the child was provided services, plus 4 years, unless such reimbursement is fully paid prior to the end of the 4-year period. The court's jurisdiction to order reimbursement shall continue until the court-ordered obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.
55:4 New Subparagraph; Delinquent Children; Parental Reimbursement Obligation. Amend RSA 169-B:40, I by inserting after subparagraph (f) the following new subparagraph:
(g) If at any point during the reimbursement period, the child or recipient of services dies, no future payments from the parent or person chargeable by law for the child's support and necessities shall be required, provided that proof of death has been provided to the department of health and human services, and the reimbursement obligation shall be dismissed for payments beyond the date of death of the child or recipient. Accrued unpaid reimbursements in arrears shall continue to be paid.
55:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 15, 2018
Effective Date: July 14, 2018