Definitions

(b) " Cost effective" means the amount of public assistance recovered exceeds the total cost to the department of pursuing the recovery by $500.00 or more.

(c) "Department" means the department of health and human services.

(d) "Estate" means all assets and liabilities of a Medicaid recipient subject to the jurisdiction of the probate court, including but not limited to all property, real or personal, in a revocable trust as contemplated by RSA 167:14-a, V and property held by the recipient during his or her lifetime in either joint tenancy, tenancy in common, or life estate as contemplated at RSA 167:14-a, VI.

(e) "Heir" means those persons, including the surviving spouse, who might be entitled to some or all of the estate of the Medicaid recipient under the statutes of succession.

(f) "Income producing property" means real property, either residential, commercial or industrial upon which money is made, such as rental property.

(g) "Medicaid recipient" means an individual who receives or received Medicaid benefits.

(h) “Medical institution” means any nursing facility as defined at 42 USC §1396r(a), long term care facility for the mentally retarded as defined at 42 USC §1396d(d), or medical institution as defined at 42 CFR §435.1010.

( i ) “Medical professional” means any doctor, physician’s assistant, nurse, nurse practitioner, licensed nursing assistant or certified nursing assistant who regularly provided treatment to the deceased Medicaid recipient prior to the deceased Medicaid recipient’s admission to the medical institution.

(j) "Primary residence" means the applicant’s or heir's domicile.

(k) "Probate court" means the court having jurisdiction over the administration of estates as provided by RSA 547:3.

(l) “Uncompensated care” means care provided to the deceased Medicaid recipient gratuitously, without compensation from the department or any other person, organization, or agency and for which the applicant has not filed a claim against the estate for reimbursement under any theory of law or equity.

(m) "Undue hardship" for purposes of He-W 695, means circumstances described in these rules that would make application of the department's right to recovery unfair and which, if verified as provided in these rules, would result in the department's waiving its right to recover for medical assistance correctly paid on behalf of the deceased Medicaid recipient.

Source. (See Revision Note #1 at Chapter Heading He-W 600) # 5171, eff 6-26-91, EXPIRED: 6-26-97

New. #7311, eff 6-22-00; ss by #7667, eff 3-27-02; ss by #9225, eff 8-1-08; ss by #11170, eff 8-26-16 (See Revision Note at Part heading for He-W 895)