Disclaimer: This article is educational only and does not constitute legal advice. Consult a licensed attorney in New Hampshire for guidance tailored to your situation.
Detailed Answer
In New Hampshire, the Department of Health and Human Services (DHHS) administers Medicaid and can seek reimbursement for medical expenses paid on your behalf when you recover damages in a personal injury settlement. Under federal law, 42 U.S.C. § 1396k(a)(1)(A) and 42 C.F.R. § 433.139, and state law, RSA 167:5-l, DHHS has a right to recover from third-party tortfeasors.
Key steps to navigate a Medicaid lien in your settlement:
- Identify the lien amount. As soon as you file a claim, request an itemized statement from DHHS. Under RSA 167:5-l, DHHS must issue a notice of claim within 120 days after receiving notice of your settlement demand.
- Review and verify charges. Compare the DHHS statement against your medical provider bills. Ensure each expense corresponds to covered services for your injury. Discrepancies can form the basis for a dispute.
- Negotiate or dispute the lien. New Hampshire Administrative Rule He-W 5102 allows you to request a reduction or compromise. Submit a written hardship waiver if full repayment would cause significant financial hardship or if your settlement is modest.
- Allocate your settlement. When negotiating with the at-fault party or insurer, allocate portions of your recovery to medical expenses, lost wages, and pain and suffering. Courts often respect reasonable allocations, reducing the DHHS claim if medical compensation is limited.
- Make payment and secure release. Pay the agreed-upon lien amount to DHHS directly. Obtain a written release of the lien before closing your settlement. Keep proof of payment and release for your file and for court approval of your settlement.
Following these steps helps protect your net recovery and ensures DHHS reimbursement aligns with New Hampshire law and federal regulations.
Helpful Hints
- Notify DHHS early: Provide prompt notice of your third-party claim to avoid late-filing penalties.
- Keep detailed records: Maintain copies of all medical bills, DHHS statements, correspondence, and payment receipts.
- Consult with a personal injury attorney: An attorney experienced with Medicaid recovery can negotiate reductions and allocate your settlement effectively.
- Request itemized bills: Ensure each charge is for treatment related to your injury.
- Consider a waiver: If your recovery is low, ask DHHS for a hardship waiver under state rule He-W 5102.
- Secure lien releases: Never finalize your settlement until you have a written DHHS lien release.
- Be aware of deadlines: Meet all time limits in RSA 167:5-l to protect your rights.