Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under New Hampshire law, the Department of Health and Human Services (DHHS) may file a claim against the estate of a deceased Medicaid recipient to recover benefits paid on the recipient’s behalf. See N.H. Rev. Stat. Ann. § 167:23-a and § 167:29. To obtain and review the documentation of such a Medicaid claim, follow these steps:
1. Identify the Probate Case
• Locate the county Probate Court where the decedent’s estate was opened.
• Note the estate file or docket number, which appears on the Letters Testamentary or Letters of Administration.
2. Request Probate Court Records
• Contact the clerk’s office of the appropriate county Probate Court.
• File a public records request or visit in person to inspect the estate file.
• Obtain a copy of the Notice of Claim, any objections, and the court’s order on the claim.
3. Contact DHHS Estate Recovery Unit
• Send a written request to:
NH Department of Health and Human Services
Estate Recovery Unit
129 Pleasant Street, Concord, NH 03301
• Include the decedent’s full name, date of death, Medicaid ID (if available), and probate docket number.
• Specifically ask for: itemized billing statements, dates of service, claim calculation, and supporting documentation.
4. Review the Documentation
• Verify that the services match the decedent’s medical records.
• Confirm the dates of service and amounts claimed.
• Check for duplicate or unauthorized charges.
• Review calculation of any interest or penalties.
5. Dispute or Settle the Claim
If you find errors or wish to contest the claim, you may:
• File an objection in Probate Court within 30 days of the Notice of Claim.
• Request a fair hearing with DHHS under N.H. Rev. Stat. Ann. § 21:42.
• Negotiate a settlement or hardship waiver based on estate value and heirs’ ability to pay.
Helpful Hints
- Keep a chronological file of all letters and subpoenas you send and receive.
- Obtain certified copies of probate documents to ensure authenticity.
- Confirm DHHS processing times; follow up in writing if you experience delays.
- Review the NH Probate Court’s fee schedule for copying costs.
- Consider professional help for complex or high-value estates.