Medicaid Estate Recovery in New Hampshire
New Hampshire DHHS recovers the cost of medical assistance from the estate of a Medicaid recipient who was age 55 or older when the assistance was provided. Recovery is pursued only when the recipient leaves no surviving spouse and no surviving child who is under 21 or blind or permanently and totally disabled.
Administering agency
New Hampshire Department of Health and Human Services — Estate Recovery Unit
Authority
RSA 167:14-a; RSA 167:16-a
Medicaid Estate Recovery in New Hampshire: key facts
- Recovery scope
- The cost of medical assistance provided to the recipient. The recoverable estate includes property held in a revocable trust, and joint-tenancy and life-estate interests established on or after July 1, 2005, limited to the recipient's ownership interest.
- Cash assistance is separate
- The age-55 rule limits recovery of MEDICAL assistance. Cash assistance — Old Age Assistance, Aid to the Needy Blind, and Aid to the Permanently and Totally Disabled — must be repaid to the state regardless of the recipient's age when it was provided.
- Who is subject
- Recipients age 55 or older when the medical assistance was provided, and then only after the death of the surviving spouse, if any (RSA 167:16-a, IV).
- Recovery deferred or barred
- No recovery while the recipient is survived by a spouse, a child under 21, or a blind or permanently and totally disabled child, as required by RSA 167:16-a, IV and 42 U.S.C. 1396p(b)(2).
- Hardship waiver
- The family or the administrator of the estate may apply to the Estate Recovery Unit for a hardship waiver; the debt can be forgiven if DHHS hardship criteria are met. The department's notice of claim must state how to request a hardship waiver (RSA 167:14-a, VI(b)).
Governing law: RSA 167:14-a; RSA 167:16-a
Frequently asked questions
Under RSA 167:14-a, the recoverable estate includes property in a revocable trust and, for interests established on or after July 1, 2005, joint-tenancy and life-estate interests. Recovery is limited to the recipient's ownership interest and cannot exceed the medical assistance provided.
When someone dies
Steps after a death in New Hampshire
5-step process for New Hampshire Department of Health and Human Services — Estate Recovery Unit.
View details →
Sources
Data sourced from Medicaid Estate Recovery in New Hampshire primary sources (4 pages reviewed). How we research.
Administering agency
New Hampshire Department of Health and Human Services — Estate Recovery Unit
Authority
RSA 167:14-a; RSA 167:16-a