HB 458-FN – AS INTRODUCED

2009 SESSION

09-0263

01/09

HOUSE BILL 458-FN

AN ACT relative to the estates of persons with long-term care policies.

SPONSORS: Rep. Daniels, Hills 6; Sen. Roberge, Dist 9

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill declares that if a person is the beneficiary of a long-term care policy of $250,000 or over, the resource ceiling shall be adjusted and the estate of such person shall be exempt from recovery in the amount equal to the insurance benefit payments received by the medical facility.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0263

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the estates of persons with long-term care policies.

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

1 Public Assistance; Long-Term Care Policies. Amend RSA 167:4, IV(d) to read as follows:

(d) Pursuant to section 1917(b)(1) of the Social Security Act as amended by DEFRA, the commissioner shall submit a state plan amendment establishing a long-term care partnership recognizing the investment in long-term care insurance policies by Medicaid applicants by disregarding resources or assets in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a long-term care insurance policy which meets the criteria described in DEFRA and regulations promulgated thereunder. The state plan amendment shall also include an adjustment in the resource ceiling for persons who are beneficiaries of a long-term care policy of $250,000 or over. The estates of recipients of medical assistance for institutional level of care for whom the resource ceiling has been adjusted as described in this subparagraph, shall be exempt from recovery pursuant to RSA 167:13 and RSA 167:14 in an amount equal to the insurance benefit payments received.

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

LBAO

09-0263

01/14/09

HB 458-FN - FISCAL NOTE

AN ACT relative to the estates of person with long-term care policies.

FISCAL IMPACT:

METHODOLOGY: