SB 673-FN - AS INTRODUCED
2020 SESSION
20-2855
01/04
SENATE BILL 673-FN
AN ACT relative to recovery of unauthorized payments by the state.
SPONSORS: Sen. Gray, Dist 6; Sen. Birdsell, Dist 19; Sen. Giuda, Dist 2; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Sherman, Dist 24; Sen. Ward, Dist 8; Sen. Fuller Clark, Dist 21; Sen. Bradley, Dist 3; Sen. Watters, Dist 4; Rep. McMahon, Rock. 7
COMMITTEE: Health and Human Services
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ANALYSIS
This bill clarifies the procedure for recovery of unauthorized payments by the state.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2855
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to recovery of unauthorized payments by the state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children; Unauthorized Payments; Recovery by State. RSA 167:17-a is repealed and reenacted to read as follows:
167:17-a Unauthorized Payments; Recovery by State. Any sums paid to or on behalf of any individual for any public assistance program under the provisions of RSA 167 or RSA 161 as a result of any failure to report collateral resources as described in RSA 167:17, false statement, misrepresentation or concealment of or failure to disclose the receipt of property, wages, income or resources by the individual or by any person legally liable for the individual's support, or with regard to supplemental nutrition assistance program (SNAP) benefits such assistance overpaid without regard to the reason for such overpayment including, but not limited to, errors committed by the department of health and human services, its employees, agents or contractors, may be recovered through administrative or judicial process, in an action brought by the state or the commissioner of the department of health and human services or his or her designee against such individual. This recovery shall be limited by the provisions of RSA 161:10. 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 individual violating the provisions of this section, or through the return of the overpayment through repayment to the department. A person who knowingly, and with malfeasance, assists a recipient or other person in obtaining an overpayment is jointly and severally liable for the overpayment.
2 Effective Date. This act shall take effect upon its passage.
20-2855
1/7/20
SB 673-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to recovery of unauthorized payments by the state.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - | |||
METHODOLOGY:
This bill repeals and reenacts RSA 167:17-a to allow the Department of Health and Human Services to recoup unauthorized public assistance payments from any legally liable person. Current law allows the Department to recover only "future grants," so that the Department may recover payments only if the legally responsible party is eligible for assistance in the future. Further, the Department may only seek recoveries from that future grant of assistance to the responsible party. This bill allows the Department to seek back payment from individuals who are no longer eligible for future assistance. Accordingly, the Department anticipates the bill will increase recovery revenues, some of which will accrue to the State General fund and some of which will accrue to the federal government, depending on the original source of the recovered funds. The Department does not expect to incur an increase in expenditures, as it will be able to absorb any cost of increasing collection activity within its current budget.
It is assumed any fiscal impact from this bill will not occur until FY 2021.
AGENCIES CONTACTED:
Department of Health and Human Services
| Date | Body | Type |
|---|---|---|
| Jan. 21, 2020 | Senate | Hearing |
| Jan. 30, 2020 | Senate | Floor Vote |
| March 17, 2020 | House | Hearing |
| March 19, 2020 | House | Exec Session |
: Died on Table
June 30, 2020: Vacated and Laid on Table MA VV 06/30/2020 HJ 10 P. 4
March 19, 2020: ==CANCELLED== Executive Session: 03/19/2020 10:00 am LOB 205
March 18, 2020: ==CANCELLED== Subcommittee Work Session: 03/18/2020 11:00 am LOB 205
March 17, 2020: ==CANCELLED== Public Hearing: 03/17/2020 10:30 am LOB 205
Jan. 9, 2020: Introduced 01/09/2020 and referred to Health, Human Services and Elderly Affairs
Jan. 30, 2020: Ought to Pass: MA, VV; OT3rdg; 01/30/2020; SJ 2
Jan. 30, 2020: Committee Report: Ought to Pass, 01/30/2020; SC 4
Jan. 21, 2020: Hearing: 01/21/2020, Room 101, LOB, 02:40 pm; SC 3
Jan. 8, 2020: Introduced 01/08/2020 and Referred to Health and Human Services; SJ 2