New Hampshire Revised Statutes 546-A:7-a – Medical Assistance Recipient; Notice of Petition for Spousal Support
Current as of: 2023 | Check for updates
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I. The department of health and human services, the county attorney, and the department of justice shall be notified and shall have the opportunity to address the court in any proceeding under this chapter if the court or department of health and human services has concerns relative to:
(a) The impact on the ward of any period of Medicaid ineligibility that would result from the proposed gift;
(b) Whether the ward has been the victim of a crime or has been or is at risk of being abused, neglected, or exploited within the meaning of N.H. Rev. Stat. § 161-F:43; or
(c) The cost of the ward’s care to be paid by Medicaid as the result of the proposed gift or income reallocation.
II. No petition of spousal support shall be enforceable against the department as it relates to eligibility for medical assistance unless the petitioner provides a copy of the petition to the department at least 14 days prior to filing with the court.
(a) The impact on the ward of any period of Medicaid ineligibility that would result from the proposed gift;
Terms Used In New Hampshire Revised Statutes 546-A:7-a
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
(b) Whether the ward has been the victim of a crime or has been or is at risk of being abused, neglected, or exploited within the meaning of N.H. Rev. Stat. § 161-F:43; or
(c) The cost of the ward’s care to be paid by Medicaid as the result of the proposed gift or income reallocation.
II. No petition of spousal support shall be enforceable against the department as it relates to eligibility for medical assistance unless the petitioner provides a copy of the petition to the department at least 14 days prior to filing with the court.