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Home→Agencies→Medicaid Estate Recovery→New Hampshire

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.

OverviewWhen someone dies

Medicaid Recovery

New Hampshire

dhhs.nh.gov/doing-business-dhhs/legal-services/estate-recoveries→

Administering agency

New Hampshire Department of Health and Human Services — Estate Recovery Unit

WebsiteVisit website →

Authority

RSA 167:14-a; RSA 167:16-a

Verified May 2026

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.
Who is subject
Recipients age 55 or older when the medical assistance was provided.
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
Family or the estate administrator may apply for an undue-hardship waiver; the commissioner may waive or reduce the amount for good cause on written request.

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.

Yes. The family or the administrator of the estate can apply for an undue-hardship waiver, and the commissioner may waive or reduce the amount due for good cause upon written request.

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 →

Medicaid Recovery

New Hampshire

dhhs.nh.gov/doing-business-dhhs/legal-services/estate-recoveries→

Administering agency

New Hampshire Department of Health and Human Services — Estate Recovery Unit

WebsiteVisit website →

Authority

RSA 167:14-a; RSA 167:16-a

Verified May 2026