Reduction from Claim Against Non-Probate Assets

(a) Surviving joint tenants or remainderman of life estates shall be eligible for a dollar-for-dollar reduction in the amount of the department’s claim for medical assistance correctly paid on behalf of a deceased Medicaid recipient when he or she can demonstrate that he or she advanced their personal funds to provide for a shortfall in the deceased Medicaid recipient’s expenses reasonable and necessary for burial as contemplated at RSA 554:19, I(b).

(b) Satisfactory documentation of personal funds advanced shall be cancelled checks and billing statements from the entity providing the disposition services such as a funeral home, crematory or monument company.

(c) No reduction shall be granted for expenses that are not necessary for burial as contemplated at RSA 554:19, II including but not limited to flowers, music, post-prandial meals, travel expenses to or from funeral services, telephone or postage expenses.

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)