1/24/02 2192s

2002 SESSION

01-0218

05/10

HOUSE BILL 295-FN

COMMITTEE: Finance

AMENDED ANALYSIS

This bill provides that, when medicaid recipients receive third party financial settlements, the department of health and human services may recover the full cost of medical assistance furnished by the state to the extent there are proceeds available for such recovery after the payment of certain other claims, including reasonable attorneys' fees and costs and the claims of other creditors.

This bill is a request of the department of health and human services.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

1/24/02 2192s

01-0218

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

84:1 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children; Recovery of Assistance; Medicaid Recoveries from Third Party Settlements. Amend RSA 167:14-a, III to read as follows:

III. The state medical assistance program is the payor of last resort and shall provide medical coverage only when there are no other available resources. Whenever a recipient of medical assistance shall receive a settlement or an award from a liable third person or party, such recipient shall repay the amount of medical assistance furnished by the state to the extent that the amount of the recovery makes repayment possible. If a recipient of medical assistance receives a settlement or an award from a third party, the settlement or award is subject to disbursement as provided in [paragraph] paragraphs III-a and IV.[ No attorneys' fees shall be deducted from the amount due the state from such award or settlement.]

84:2 New Paragraph; Public Assistance; Medicaid Recoveries from Third Party Settlements; Priority of Claims. Amend RSA 167:14-a by inserting after paragraph III the following new paragraph:

III-a. The commissioner of health and human services may recover the full amount of medical assistance furnished by the state if there are proceeds available for such recovery after the deduction of reasonable attorneys' fees, litigation costs, claims by other creditors, and 10 percent of the remaining net settlement amount for the recipient of medical assistance. Any balance remaining after the state has recovered the full amount due shall be available to the recipient of medical assistance. No attorneys' fees shall be deducted from the amount due the state from such award or settlement.

84:3 Effective Date. This act shall take effect upon its passage.

(Approved: May 3, 2002)

(Effective Date: May 3, 2002)