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SB139: relative to the asset transfer penalty in Medicaid.

Bill status: Signed by Governor

Citation
2007 SB139
Official source

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

House status
Passed/Adopted
Senate status
Passed/Adopted
Committee
HOUSE Health, Human Services and Elderly Affairs
Hearing
04/25/2007 at 01:00 PM
Selected version
Current official bill text

Sponsors

Topics

Health care

Official links

CHAPTER 193

SB 139-FN – FINAL VERSION

2007 SESSION

07-1162

05/03

SENATE BILL 139-FN

AN ACT relative to the asset transfer penalty in Medicaid.

SPONSORS: Sen. Estabrook, Dist 21; Sen. Fuller Clark, Dist 24; Sen. Sgambati, Dist 4; Rep. Rosenwald, Hills 22; Rep. Donovan, Sull 4

COMMITTEE: Health and Human Services

ANALYSIS

This bill provides that the transfer of asset penalty for Medicaid eligibility shall not apply if it would deprive the individual of food, clothing, shelter, or other necessities of life.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1162

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the asset transfer penalty in Medicaid.

Be it Enacted by the Senate and House of Representatives in General Court convened:

193:1 Eligibility for Assistance. Amend RSA 167:4, III-a to read as follows:

III-a. Pursuant to section 1917(c)(2)(D) of the federal Social Security Act and the Deficit Reduction Act of 2005, Public Law 109-171, section 6011(d), a transfer of asset penalty shall not be imposed if the penalty would result in an undue hardship to the transferor under any of the following conditions:

(a) The asset was transferred by an agent or authorized representative and it can be demonstrated and documented that the individual lacked the mental capacity to comprehend the disqualifying nature of the act; and

(1) A written and signed statement by a licensed physician states that the individual was mentally incapacitated at the time of the transfer; or

(2) An order of findings from a probate court concerning the individual's competency is provided to the district office.

(b) Application of the penalty would deprive the individual of necessary care such that his or her health or life would be endangered.

(c) Application of the penalty would deprive the individual of food, clothing, shelter, or other necessities of life.

193:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 18, 2007

Effective: August 17, 2007