I. The commissioner shall establish for any patient, resident, or client of an institution, facility, or program named in N.H. Rev. Stat. § 126-A:34, a uniform rate to cover the expenses of the several categories of service provided to patients, residents, or clients such as but not necessarily limited to the following: intensive medical care, treatment, and maintenance; intensive psychiatric care, treatment, and maintenance; and custodial care, treatment, and maintenance. The commissioner is not required to establish such rate by rules adopted under RSA 541-A. The categories or classifications of service provided may be modified by the commissioner.
II. After any person has been a resident or patient in any of the institutions named in N.H. Rev. Stat. § 126-A:34 for 10 years or has reached the age of majority, the liability of persons other than the patient or resident or such patient’s or resident’s spouse to provide payments to cover the expenses of care, treatment, and maintenance shall cease, except for recoveries from the estates of such persons which shall be limited as provided in N.H. Rev. Stat. § 126-A:42, II. The liability of a spouse under N.H. Rev. Stat. § 126-A:36 shall cease after the person has been a patient or resident of any of the institutions named in N.H. Rev. Stat. § 126-A:34 for 10 years. The liability of the patient or resident under this paragraph shall continue unless it is determined by the office of reimbursements, in consultation with the commissioner, that the patient or resident lacks sufficient income from any source including, but not limited to, social security, retirement, civil service or veterans administration income, trust fund, or other income to pay a full rate or a higher partial rate.

Terms Used In New Hampshire Revised Statutes 126-A:43

  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
  • 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
  • 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

III. The commissioner may compromise or reduce any debt or obligation owed to the state pursuant to an agreement with a group health plan carrier, as defined in N.H. Rev. Stat. § 420-G:2, or any health insurer as defined in 607(1) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1167(1), federal and or state funded assistance, or any other legally liable third party or persons chargeable for support.
IV. The office of reimbursements shall, upon request, furnish to each estate from which, or to each person chargeable from whom, a recovery of expenses is sought pursuant to N.H. Rev. Stat. § 126-A:42, a record of the accumulated charges against said estate or said person.