Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney or the New Hampshire Department of Health and Human Services.
Detailed Answer
Overview of NH Medicaid Estate Recovery
Under federal law and New Hampshire Revised Statutes Annotated (RSA) 167:47, the state must seek reimbursement for Medicaid benefits paid on behalf of individuals age 55 or older from their estates after they pass away. This process is known as Medicaid estate recovery (RSA 167:47).
Eligibility for a Hardship Waiver
New Hampshire allows heirs or personal representatives to request a hardship waiver under RSA 167:49. A waiver may be granted when recovery would cause undue hardship to:
- A surviving spouse or dependent relative who continues to live in the home.
- Other heirs who demonstrate significant financial need or special circumstances.
Step-by-Step Application Process
- Obtain the Estate Recovery Notice: After the Medicaid recipient’s death, the Division of Medicaid Services (DMS) will mail a notice of estate recovery rights and obligations.
- Gather Documentation: Collect financial records, proof of heirship, property appraisals, and statements demonstrating hardship (e.g., monthly expenses, care needs).
- Complete the Hardship Waiver Request Form: Contact the NH Department of Health and Human Services (DHHS), Division of Medicaid Services, or download the form from their website. Provide details about the estate, heirs, property, and hardship grounds.
- Submit Supporting Evidence: Include income statements, asset ledgers, and any medical documentation showing the dependency of surviving relatives.
- Mail or Email Your Request: Send the waiver request and attachments to:
NH DHHS – Division of Medicaid Services
129 Pleasant Street, Brown Building
Concord, NH 03301
Email: estate.recovery@dhhs.nh.gov
- Follow Up: The DMS will acknowledge receipt within 30 days and may request further information. Stay responsive to avoid delays.
Timeline and Important Deadlines
You must file the hardship waiver request within six months of the date on the estate recovery notice. Missing this deadline may forfeit your right to request a waiver.
Helpful Hints
- Keep copies of all correspondence with DHHS and certified mail receipts.
- Obtain a professional appraisal for real property to document fair market value.
- Prepare a clear hardship statement detailing how recovery would affect dependents.
- Consult a probate attorney if you face complex estate or family situations.
- Review NH Medicaid policy updates on the DHHS website to confirm current procedures.