317.19 Recovery for Medical Assistance Provided-Estates (MAM)

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Inform applicants for medical assistance:

. that DHHS has an obligation to recover from their estate when the estate is probated and from any assets that pass outside of probate after the death of the recipient;

. that recovery is limited to the actual amount paid on behalf of the recipient for medical assistance provided from age 55;

. that valuation of the life estate will be based on the recipient's age as of the date of death; and

. that for the purpose of recovery of medical assistance, a recipient's "estate" includes:

- all property, real or personal, in which the recipient holds an interest on the date of the recipient's death. Such interests include joint tenancy with rights of survivorship, tenancy in common, life estates, and living trusts, without regard to the date that such title or interest was established; and

- both assets that pass through probate and assets that pass outside the probate process, such as certain trust assets, assets held jointly, and unpaid annuity balances that benefit the recipient.

References: He-W 695, RSA 167:13-16-a, RSA 167:28, 42 USC 1396p