New Hampshire Revised Statutes 126-A:42 – Recovery of Expenses
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I. Subject to the provisions of N.H. Rev. Stat. § 126-A:43, II, the state is entitled to recover the expense of care, treatment, and maintenance of any patient or resident at any of the institutions named in N.H. Rev. Stat. § 126-A:34 or at a public or private institution or otherwise at the direction of the commissioner from the patient or resident, if of sufficient ability to pay, or the person‘s estate, or from persons legally chargeable with such person’s support as defined in N.H. Rev. Stat. § 126-A:36 or from the estates provided in N.H. Rev. Stat. § 126-A:37.
I-a. The department shall file with the register of deeds of the county in which the patient or resident or the spouse of the patient or resident, if any, owns real property, notice of the lien for reimbursement of expenses, as provided in N.H. Rev. Stat. § 126-A:37, after providing all owners of the real property known to the department with prior notice and an opportunity for a hearing. Such notice of lien shall contain the names of the patient or resident and that patient’s or resident’s spouse, if any. All such liens shall continue until released by the department. The register of deeds shall keep a suitable record of such notices of lien without charging any fee therefor and enter on the record an acknowledgment of satisfaction or release upon written request from the department.
II. Recovery of the past due expense of care, treatment, and maintenance of a patient or resident in any of the institutions named in N.H. Rev. Stat. § 126-A:34 is limited in amount as follows:
(a) If such person is living and is a resident of the institution, recovery is limited to the expense incurred within the last 5 years of residence at the institution.
(1) If such person is living and is a resident of the institution, and if the person legally chargeable for such person’s support dies, subject to the provisions of N.H. Rev. Stat. § 126-A:43, II, recovery from an estate legally chargeable for expenses as provided in N.H. Rev. Stat. § 126-A:37 is limited to the expenses incurred within the 5 years immediately preceding the death of the person chargeable.
(b) If such person dies while a resident of the institution, subject to provisions of N.H. Rev. Stat. § 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding death.
(c) If such person is discharged from the institution, subject to the provisions of N.H. Rev. Stat. § 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding discharge.
(d) If such person dies after discharge from the institution, subject to the provisions of N.H. Rev. Stat. § 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding discharge.
(e) Expenses incurred by the institution during the time such person is on parole from the institution shall not be included in the total charges for expenses.
(f) If an agreement was made under N.H. Rev. Stat. § 126-A:43, III, recovery shall be limited to any payment obligation resulting from such agreement.
III. In an action by the state for recovery of the expenses of a patient or resident at any of the institutions named in N.H. Rev. Stat. § 126-A:34 who is discharged from the institution, or is dead, the action shall be brought within 6 years after the person’s discharge or death. Notwithstanding N.H. Rev. Stat. § 556:5 or any other provision of law to the contrary, the administrator of the estate of a patient or resident at any of the institutions named in N.H. Rev. Stat. § 126-A:34 or at a public or private institution shall be conclusively presumed to have accepted a claim for reimbursement of expenses as provided in N.H. Rev. Stat. § 126-A:37 which is subject to the jurisdiction of the probate court unless, within 12 months from the initial grant of administration, the administrator commences an equitable action in the superior court challenging the validity or amount of the department’s claim and lien.
I-a. The department shall file with the register of deeds of the county in which the patient or resident or the spouse of the patient or resident, if any, owns real property, notice of the lien for reimbursement of expenses, as provided in N.H. Rev. Stat. § 126-A:37, after providing all owners of the real property known to the department with prior notice and an opportunity for a hearing. Such notice of lien shall contain the names of the patient or resident and that patient’s or resident’s spouse, if any. All such liens shall continue until released by the department. The register of deeds shall keep a suitable record of such notices of lien without charging any fee therefor and enter on the record an acknowledgment of satisfaction or release upon written request from the department.
Terms Used In New Hampshire Revised Statutes 126-A:42
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. Recovery of the past due expense of care, treatment, and maintenance of a patient or resident in any of the institutions named in N.H. Rev. Stat. § 126-A:34 is limited in amount as follows:
(a) If such person is living and is a resident of the institution, recovery is limited to the expense incurred within the last 5 years of residence at the institution.
(1) If such person is living and is a resident of the institution, and if the person legally chargeable for such person’s support dies, subject to the provisions of N.H. Rev. Stat. § 126-A:43, II, recovery from an estate legally chargeable for expenses as provided in N.H. Rev. Stat. § 126-A:37 is limited to the expenses incurred within the 5 years immediately preceding the death of the person chargeable.
(b) If such person dies while a resident of the institution, subject to provisions of N.H. Rev. Stat. § 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding death.
(c) If such person is discharged from the institution, subject to the provisions of N.H. Rev. Stat. § 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding discharge.
(d) If such person dies after discharge from the institution, subject to the provisions of N.H. Rev. Stat. § 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding discharge.
(e) Expenses incurred by the institution during the time such person is on parole from the institution shall not be included in the total charges for expenses.
(f) If an agreement was made under N.H. Rev. Stat. § 126-A:43, III, recovery shall be limited to any payment obligation resulting from such agreement.
III. In an action by the state for recovery of the expenses of a patient or resident at any of the institutions named in N.H. Rev. Stat. § 126-A:34 who is discharged from the institution, or is dead, the action shall be brought within 6 years after the person’s discharge or death. Notwithstanding N.H. Rev. Stat. § 556:5 or any other provision of law to the contrary, the administrator of the estate of a patient or resident at any of the institutions named in N.H. Rev. Stat. § 126-A:34 or at a public or private institution shall be conclusively presumed to have accepted a claim for reimbursement of expenses as provided in N.H. Rev. Stat. § 126-A:37 which is subject to the jurisdiction of the probate court unless, within 12 months from the initial grant of administration, the administrator commences an equitable action in the superior court challenging the validity or amount of the department’s claim and lien.