reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:10-a - Payments to Recipients; Insurance Contracts.

167:10-a Payments to Recipients;  Insurance Contracts. –
I. No accident or health insurance policy issued, renewed or continued after August 28, 1981 shall contain any provision denying or limiting insurance benefits because services are rendered to an insured or a dependent who is eligible for or who receives medical assistance under RSA 167 or RSA 161.
II. The commissioner of health and human services shall not pay for any services provided under RSA 167 or RSA 161 if the recipient has coverage for the services under an accident or health insurance policy.
Source.
1981, 502:1. 1983, 291:1, II. 1995, 310:179, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:11 - Repealed by 2017, 156:65, II, eff. July 1, 2017.

167:11 Repealed by 2017, 156:65, II, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:11-a - Repealed by 1979, 277:1, eff. Aug. 20, 1979.

167:11-a Repealed by 1979, 277:1, eff. Aug. 20, 1979. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:12 - Repealed by 1967, 396:7, eff. July 1, 1967.

167:12 Repealed by 1967, 396:7, eff. July 1, 1967. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:13 - Recovery for Assistance Furnished.

167:13 Recovery for Assistance Furnished. –
I. Except as provided in paragraph II, if at any time during the continuance of assistance, the recipient or the husband or wife of the recipient becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient within 10 calendar days to notify the commissioner of the department of health and human services of the receipt or possession of such property or income. On the death of a recipient of old age assistance, aid to the needy blind, medicaid for employed adults with disabilities, or aid to the permanently and totally disabled, the total amount of assistance paid under this chapter or RSA 161 shall be allowed as a claim against the estate of such person after payment of the charges in the priority set forth in RSA 554:19. No lien filed in accordance with RSA 167:14 shall be extended to enforce recovery nor shall any sale be forced against the real estate of a recipient of old age assistance, aid to the needy blind, medicaid for employed adults with disabilities, or aid to the permanently and totally disabled while it is occupied as a home by a surviving spouse. The federal government shall be entitled, as long as required as a condition to federal financial participation, to such proportion of the net amount collected from the estate of a recipient of old age assistance, aid to the needy blind, medicaid for employed adults with disabilities, or aid to the permanently and totally disabled as the federal participation bears to the total amount of assistance granted said recipient.
II. Notwithstanding paragraph I, for medical assistance, no resources of the community spouse shall be deemed available to the institutionalized spouse during the continuous period in which an institutionalized spouse is in an institution, and after the month in which an institutionalized spouse is determined to be eligible for medical assistance benefits.
III. The department may waive adjustment or recovery in cases in which:
(a) It is not cost-effective to recover from an individual's estate; or
(b) Recovery would result in an undue hardship as determined in accordance with rules adopted pursuant to RSA 541-A.
IV. There is established in the state treasury an estate administration fund for use as a depository account by the department of health and human services for the purpose of estate administration conducted pursuant to RSA 553:2, III. The fund shall be used to receive and temporarily hold estate funds subject to supervision of the probate court until funds are disbursed, in accordance with RSA 554:19, to creditors, including the state, for public assistance provided under this chapter.
Source.
1937, 202:19. RL 126:19. 1947, 44:1. 1949, 100:1. 1951, 90:6. RSA 167:13. 1979, 227:2. 1983, 291:1, II. 1995, 310:182. 1998, 5:2. 2000, 156:3. 2005, 175:6. 2007, 263:55, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:14 - Claims and Liens.

167:14 Claims and Liens. –
I. The estate of every recipient and the estate of a recipient's spouse, if any, owned severally or as joint tenants, shall be liable for all financial old age assistance, aid to the needy blind, or aid to the permanently and totally disabled granted to the recipient; provided, however, that the estate of a recipient's spouse shall be liable only for such financial assistance as was granted to the recipient during the time that the recipient and the recipient's spouse were neither legally separated nor divorced. After providing all owners of the real property known to the department with prior notice and an opportunity for a hearing, the commissioner of the department of health and human services shall file with the register of deeds of the county in which the recipient, or the spouse of the recipient, if any, owns real property, notice of the lien. Such notice of lien shall contain the names of the recipient and the recipient's spouse, if any. All such liens shall continue during the lifetime of the recipient and of the spouse of the recipient, if any, and until enforced as provided in this section, unless sooner released by the commissioner of the department of health and human services. The register of deeds shall keep a suitable record of such notices of lien without charging any fee therefore and enter on the record an acknowledgment of satisfaction or release upon written request from the commissioner of the department of health and human services.
II. Subject to RSA 167:16-a, the estate of every recipient shall be liable for all medical assistance granted to the recipient, and the commissioner of the department of health and human services shall file a claim for recovery against the recipient's estate. No notice of lien may be filed against real property with respect to medical assistance except in conformance with RSA 167:16-a.
Source.
1937, 202:34. RL 126:32. 1949, 173:1, par. 32. 1951, 139:8. RSA 167:14. 1983, 291:1, I. 1985, 380:32. 1992, 30:4. 1995, 310:182. 2000, 156:4. 2005, 175:7, eff. Aug. 29, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:15 - Existing Liens.

167:15 Existing Liens. –
All liens for old age assistance existing on May 3, 1949, shall continue unaffected by this chapter until discharged by the commissioner of the department of health and human services.
Source.
1949, 173:1, par. 32-b. RSA 167:15. 1983, 291:1, II. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:16 - Enforcement of Assistance Liens.

167:16 Enforcement of Assistance Liens. –
I. Assistance liens arising under this chapter or RSA 161 may be enforced by a bill in equity, or, in the case of liens against real estate which have been duly filed under RSA 167:14, by filing a timely and verified notice of lien with the probate court with jurisdiction over the estate of the recipient and mailing a copy of said notice and a verified claim for recovery of assistance payments to the administrator of the estate.
II. The commissioner may enforce the liquidated amount of an assistance lien against real estate by filing a timely and verified notice with the probate court and submitting a timely and verified claim against the estate of the recipient which sets forth the dates and amounts of assistance paid. Such claims shall be timely if filed within 6 months from the initial grant of administration for the estate in question.
III. Notwithstanding RSA 556:5 and any other provision of law to the contrary, the administrator of a recipient's estate shall be conclusively presumed to have accepted a claim for recovery of assistance which is subject to the jurisdiction of the probate court unless, within 12 months from the initial grant of administration, the administrator commences an equitable action in the superior court challenging the validity or amount of the commissioner's claim and lien.
IV. When a timely notice of lien has been filed with a probate court pursuant to this section, approval of a request to sell real estate or to distribute probate assets shall not occur until and unless the court enters a finding that the assistance claim has been satisfied or the commissioner's lien is otherwise protected.
Source.
1951, 139:9. RSA 167:16. 1992, 30:2. 1995, 310:120, 183. 2000, 156:5, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:17 - Report of Collateral Resources.

167:17 Report of Collateral Resources. –
The following persons shall report the receipt of any property, wages, income or resources of any kind, or changes of any kind that would affect the amount of assistance under this chapter or RSA 161 for which a person is eligible, to the commissioner of the department of health and human services in writing within 10 calendar days after receiving such property, wages, income or resources:
I. Any person receiving assistance for the care of any dependent child or children;
II. Any person legally liable for the support of a dependent child or children;
III. Any person who receives assistance pursuant to the provisions of RSA 167;
IV. Any person who is legally liable pursuant to RSA 167:2 or RSA 546-A:2 for the support of any person who receives assistance pursuant to the provisions of RSA 167.
V. Any person receiving medical assistance who receives a settlement or an award from a liable third person or party against whom the recipient has a legally cognizable claim for expenses or support.
No person who is required to report the receipt of property, wages, income or resources by this section shall within any one month sell, assign, transfer, encumber or otherwise dispose of any property with a total value of $30 or more without the consent of the commissioner of the department of health and human services.
Source.
1937, 202:20. RL 126:20. RSA 167:17. 1973, 364:1. 1977, 165:1; 490:1. 1979, 227:1. 1983, 288:3; 291:1, II. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:17-a - Unauthorized Payments; Recovery by State.

167:17-a Unauthorized Payments;  Recovery by State. –
Any sums paid to or on behalf of any person under the provisions of RSA 167 as a result of any false statement, misrepresentation or concealment of or failure to disclose the receipt of property, wages, income or resources by such person or by any person legally liable for his or her support may be recovered through administrative or judicial process, in an action brought by the state or the commissioner of the department of health or human services, or his or her designee, against such person. The commissioner of the department of health and human services shall recover any unauthorized payments pursuant to applicable federal and state law by either reasonably adjusting current and future grant amounts received by the person violating the provisions of this section, or through repayment to the department during such time the person is not currently receiving public assistance. A person who knowingly, and with malfeasance, assists a recipient or another person in obtaining an overpayment shall be jointly and severally liable for the overpayment unless prohibited by federal law.
Source.
1973, 364:2. 1983, 291:1, II. 1995, 310:182, eff. Nov. 1, 1995. 2022, 272:10, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:17-b - Prohibited Acts.

167:17-b Prohibited Acts. –
I. No person shall:
(a) By means of an intentionally false statement or misrepresentation or by impersonation or other fraudulent act or device, obtain or attempt to obtain, or aid or abet any person in obtaining any assistance or benefit or payment under RSA 161 or RSA 167 to which he is not entitled;
(b) With intent to defraud the department of health and human services, buy or aid or abet in the purchase or the disposal of the property of a person receiving assistance or food stamps under RSA 161 or RSA 167, so as to affect the recipient's eligibility for assistance, without the consent of the commissioner of the department of health and human services;
(c) [Repealed.]
(d) Intentionally fail to disclose the receipt of property, wages, income or resources or any change in circumstances which would affect his eligibility for assistance or his initial or continued right to any benefit or payment for the purpose of receiving any assistance, benefit or payment under RSA 167 or RSA 161 to which he is not entitled;
(e) Knowingly use, transfer, acquire, alter, sell or possess food stamps or authorization to issue food stamps in any manner not authorized by the Federal Food Stamp Act, as amended, or by the federal regulations or state rules adopted pursuant to the act;
(f) Present or cause to be presented food stamps for payment or redemption, knowing the stamps were received, transferred or used in any manner not authorized by the Federal Food Stamp Act, as amended, or by the federal regulations or state rules adopted pursuant to the act;
(g), (h) [Repealed.]
II. When a person receiving assistance is convicted of an offense under this section, the commissioner of the department of health and human services shall discontinue his assistance, if such action has not already been taken.
Source.
1973, 364:2. 1975, 399:5, 6; 406:2. 1981, 189:3. 1983, 291:1, II. 1987, 207:2. 1990, 260:4. 1995, 310:180, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:17-c - Penalties.

167:17-c Penalties. –
I. Any natural person who violates RSA 167:17-b shall, unless otherwise specified, be guilty of:
(a) A class A felony if the value of the monetary award or goods or services in question exceeds $1,500;
(b) A class B felony if the value of the monetary award or goods or services in question exceeds $1,000 but does not exceed $1,500; or
(c) A misdemeanor if the value of the monetary award or goods or services in question is $1,000 or less.
II. Any other person who violates RSA 167:17-b shall, unless otherwise specified, be guilty of:
(a) A felony if the value of the monetary award or goods or services in question exceeds $1,000; or
(b) A misdemeanor if the value of the monetary award or goods or services in question is $1,000 or less.
III. In the case of any natural person convicted of fraudulently using, presenting, transferring, acquiring, receiving, possessing or altering food stamps, the court may permit such person to perform work approved by the court for the purpose of providing restitution for losses incurred by the United States and the department of health and human services as a result of the offense for which such person was convicted. If the court permits such person to perform such work and such person agrees thereto, the court shall withhold the imposition of the sentence on the condition that such person perform the assigned work. Upon the successful completion of the assigned work the court may suspend such sentence.
Source.
1981, 189:4. 1983, 387:2; 291:1. 1995, 310:181, eff. Nov. 1, 1995. 2018, 277:1, eff. June 18, 2018. 2019, 326:8, eff. Aug. 16, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:17-d - Discontinuation of Supplemental Nutrition Assistance Program (SNAP) Benefits.

167:17-d Discontinuation of Supplemental Nutrition Assistance Program (SNAP) Benefits. –
I. Subject to the provisions of 7 C.F.R. section 273.16, or any subsequent amendments thereto, when a person receiving supplemental nutrition assistance program (SNAP) benefits is convicted of a violation of RSA 167:17-b, the commissioner shall discontinue his or her assistance for a minimum period of 12 months upon the first conviction, 24 months upon the second conviction, and permanently upon the third conviction, unless the court orders that assistance be discontinued for longer periods of time after the first or second convictions.
II. In addition to any criminal penalties which may be imposed, a court of appropriate jurisdiction may discontinue the food stamps assistance of any person convicted of fraudulently using, presenting, transferring, acquiring, receiving, possessing, or altering food stamps for an additional period of up to 18 months, consecutive to that period of suspension mandated in paragraph I.
Source.
1981, 189:4. 1983, 387:1. 1995, 310:183, eff. Nov. 1, 1995. 2023, 145:12, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:18 - Repealed by 1985, 380:51, VII, eff. Jan. 1, 1986.

167:18 Repealed by 1985, 380:51, VII, eff. Jan. 1, 1986. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:18-b - Repealed by 2007, 263:24, I, eff. July 1, 2008.

167:18-b Repealed by 2007, 263:24, I, eff. July 1, 2008. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:18-c - Repealed by 1985, 380:51, VIII, eff. Jan. 1, 1986.

167:18-c Repealed by 1985, 380:51, VIII, eff. Jan. 1, 1986. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:18-d - Repealed by 1985, 308:1, eff. Oct. 1, 1987.

167:18-d Repealed by 1985, 308:1, eff. Oct. 1, 1987. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:18-e - Delinquent Payments.

167:18-e Delinquent Payments. –
Delinquent payments due under RSA 167:18-a with interest at the rate of 12 per centum per annum, may be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the state agency, be deducted from any other moneys payable to such subdivision by any department or agency of the state.
Source.
1981, 568:50. 1983, 469:90. 2007, 263:18, eff. July 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:18-f - Repealed by 2007, 263:24, II, eff. July 1, 2008.

167:18-f Repealed by 2007, 263:24, II, eff. July 1, 2008. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:18-g - Reimbursement of General Assistance Funds.

167:18-g Reimbursement of General Assistance Funds. –
The department of health and human services shall reimburse each county and town for the amounts paid in general assistance for the cost of prescription drugs for recipients who are later determined to be eligible for medical assistance retroactive to the time when such county or town rendered such assistance.
Source.
1989, 227:1. 1995, 310:180, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:18-h - County Nursing Homes; Proportionate Share Payments.

167:18-h County Nursing Homes;  Proportionate Share Payments. –
I. Proportionate share payments to county nursing homes shall be made each state fiscal year in an amount equal to the maximum permissible by federal regulations. All payments shall be specific to each facility in accordance with the methodology in the approved Medicaid state plan amendment. If the federal government makes adjustments to any proportionate share payments that have been made by the state, the amounts due under this section shall be amended accordingly and adjusted payments shall be made to or from the state as necessary.
II. (a) The certified public expenditure (CPE) nursing facilities group shall be financed on the basis of a CPE methodology and shall not require a transfer of funds from the respective county to the state to effectuate the federal match.
(b) Any intergovernmental transfers (IGT) specific to the IGT nursing facilities group that serve as the basis for generating the federal match shall be in accordance with the approved Medicaid state plan amendment.
Source.
1998, 387:2. 2004, 260:7, eff. July 1, 2005. 2019, 346:369, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:19 - Local Administration.

167:19 Local Administration. –
Each county or town shall pay all costs incurred by its officials when acting as authorized agents of the commissioner of the department of health and human services under this chapter or RSA 161.
Source.
1937, 202:22. RL 126:22. RSA 167:19. 1983, 291:1. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:20 - Repealed by 2007, 263:24, III, eff. July 1, 2008.

167:20 Repealed by 2007, 263:24, III, eff. July 1, 2008. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:20-a - Authorization.

167:20-a Authorization. –
For the purpose of medical care services, the department of health and human services may be authorized to make an advance, through the state treasurer, and under a contract approved by governor and council, of funds necessary to provide working capital funds, to a fiscal agent processing payments to medical vendors. The fiscal agent shall post bond in the amount of said advance and shall thereafter submit monthly, or more often, required detail of payments processed which shall then be reimbursed by the state to the said fiscal agent.
Source.
1967, 396:10. 1983, 291:1. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:20-b - Authorization for Work Incentive Program.

167:20-b Authorization for Work Incentive Program. –
For purposes of complying with federal requirements of the social security act in the joint administration of the work incentive program by the appropriate agency of state government, the commissioner of the department of health and human services is hereby authorized to manifest, upon presentation of statement of costs, the non-federal contribution required by the social security act.
Source.
1969, 451:6. 1973, 423:7. 1983, 291:1, II. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:21 - State Aid.

167:21 State Aid. –
Should a county find that it is impossible to pay the amounts required under this chapter or RSA 161, it may file a petition with the commissioner of the department of health and human services requesting financial aid. The commissioner of health and human services shall cause an investigation to be made of all pertinent factors relating to the financial circumstances of the petitioning county. The commissioner of health and human services may, with the approval of the governor and council, loan or grant to such county such amount as may be necessary.
Source.
1937, 202:25. RL 126:24. RSA 167:21. 1983, 291:1. 1985, 380:46. 1995, 310:176, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:22 - Voting Rights Not Affected.

167:22 Voting Rights Not Affected. –
While federal funds are available the receipt of public assistance granted under the provisions hereof or of RSA 161 shall not make the recipient thereof, or any member of his family, an assisted person within the terms of the election laws of this state, nor affect his or their civil or political status in any way.
Source.
1937, 202:28. RL 126:26. RSA 167:22. 1985, 380:47, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:23 - Summons of Witnesses.

167:23 Summons of Witnesses. –
The commissioner of health and human services or his duly authorized agent shall have the power to issue subpoenas for witnesses and compel their attendance and the production of papers and writings.
Source.
1937, 202:29. RL 126:27. RSA 167:23. 1983, 291:1. 1995, 310:176, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:24 - Acceptance of Funds.

167:24 Acceptance of Funds. –
The governor and council are hereby authorized on behalf of the state to accept and to apply to the carrying out of the purposes of this chapter or RSA 161 all moneys that may be advanced to, or otherwise placed at the disposal of, the state by the federal government or any of its agencies for the purposes of this chapter or RSA 161. Said funds shall be disbursed by the commissioner of health and human services.
Source.
1937, 202:30. RL 126:28. RSA 167:24. 1983, 291:1. 1995, 310:176, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:25 - Assignability of Assistance.

167:25 Assignability of Assistance. –
All assistance given hereunder shall be inalienable by any assignment or transfer and shall be exempt from levy or execution under the laws of this state including periodic payments on any judgment of any kind under RSA 524:6-a.
Source.
1937, 202:31. RL 126:29. 2014, 186:2, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:26 - Protective Payee.

167:26 Protective Payee. –
If the person receiving public assistance is, on the testimony of reliable witnesses who are not officials or employees of the department of health and human services, found to be incapable of taking care of himself or his money, the commissioner of health and human services may make the payments of such assistance to a protective payee, as defined by federal regulations, for the benefit of such person.
Source.
1937, 202:32. RL 126:30. 1951, 90:9. RSA 167:26. 1969, 451:7. 1975, 223:1. 1983, 291:1. 1995, 310:176, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:27 - Eligibility for State and Local Assistance, Confidentiality.

167:27 Eligibility for State and Local Assistance, Confidentiality. –
I. Except as provided in paragraph II, no person receiving old age assistance or aid to the permanently and totally disabled under this chapter or RSA 161 shall at the same time receive any other relief from the state, or from any political subdivision thereof, except for medical and surgical assistance.
II. Notwithstanding paragraph I, a municipality may provide assistance under RSA 165 to a person who is also receiving old age assistance or aid to the permanently and totally disabled if the guidelines adopted by the governing body under RSA 165:1 authorize assistance to such persons, and the acceptance of such relief shall not operate as a revocation of old age assistance or aid to the permanently and totally disabled.
III. The names of persons receiving old age assistance or aid to the permanently and totally disabled under the provisions of this chapter or RSA 161 shall not be printed in any report of the county commissioners or of the commissioner of health and human services nor published in any state, county, or town report.
Source.
1937, 202:33. RL 126:31. 1951, 90:10. RSA 167:27. 1983, 291:1. 1995, 310:176. 2013, 183:1, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:27-a - Personal Needs Allowance of Residents of Nursing Homes.

167:27-a Personal Needs Allowance of Residents of Nursing Homes. –
I. The commissioner of health and human services shall permit each medical assistance recipient approved for nursing home payments to retain from the recipient's monthly income a certain amount a month for personal needs. Such amount shall be established by the commissioner pursuant to RSA 541-A and in accordance with federal regulations, but in no event shall the amount be less than $56. If the net monthly income of such a recipient is less than the amount established by the commissioner, the commissioner shall provide sufficient old age assistance, aid to the permanently and totally disabled, or aid to the needy blind to allow the recipient an amount equal to the monthly amount established as allowance for the recipient's personal needs.
II. Every 5 years, the commissioner shall make the adjustment for cost of living increases in the personal needs allowance to reflect social security increases.
Source.
1983, 291:1; 469:133. 1986, 183:8. 1987, 328:1. 1989, 304:1. 1995, 310:176, 183. 1999, 298:1. 2005, 213:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:27-b - Personal Needs Allowance of Residents in Residential Care Facilities and Community Residences.

167:27-b Personal Needs Allowance of Residents in Residential Care Facilities and Community Residences. –
Recipients of assistance who are approved by the department of health and human services for residential care facility or community residence payments shall be allowed to retain from their income an amount not less than the amount established by the commissioner of the department of health and human services as provided in RSA 167:27-a as the monthly allowance for their personal needs, in accordance with rules adopted by the commissioner of the department of health and human services pursuant to RSA 541-A. This amount shall not be used to reimburse facilities for the cost of care or room and board.
Source.
1987, 328:3. 1988, 289:2. 1989, 304:2. 1995, 310:181, 182, eff. Nov. 1, 1995. 2023, 145:5, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:27-c - Cost-of-Living Increases to Residents of Residential Care Facilities and Community Residences.

167:27-c Cost-of-Living Increases to Residents of Residential Care Facilities and Community Residences. –
The state shall maintain its minimum supplementary payment levels to recipients of assistance at residential care facilities and community residences in conjunction with supplemental and social security increases. The commissioner of the department of health and human services, shall not decrease the amount of the state's contribution paid to recipients of financial assistance in residential care facilities and community residences because of such supplemental and social security increases.
Source.
1994, 127:1. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:28 - Condition of Granting Assistance.

167:28 Condition of Granting Assistance. –
The commissioner of the department of health and human services shall require as a condition to granting old age assistance, aid to the permanently and totally disabled, or aid to the needy blind in any case that the applicant, and the spouse of the applicant, if any, residing with the applicant, submit a properly acknowledged agreement to reimburse the federal government, the state and the county for all assistance granted. In such agreement such applicant, and the spouse of the applicant, if any, shall assign as collateral security for such assistance such part of his or her personal property as the commissioner of health and human services shall demand. All funds recovered under the provisions of this section and RSA 167:27, after any necessary reimbursement to the federal government as provided in RSA 167:13, shall be allocated to the county and to the state in the same proportion as the assistance paid by each.
Source.
1949, 173:1, par. 32-a. 1951, 90:11. RSA 167:28. 1983, 291:1. 1985, 380:46. 1995, 310:176, 182. 2006, 278:1, eff. June 15, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:29 - Assignment of Property.

167:29 Assignment of Property. –
If the commissioner of the department of health and human services shall deem it necessary he may require as a condition to the grant or continuance of old age assistance or aid to the permanently and totally disabled in any case that all or any part of the property of a person applying for such aid be transferred to the commissioner of the department of health and human services in trust as follows: Such property shall be managed by said commissioner of health and human services and the net income thereof shall be paid to such person; said commissioner of health and human services shall have the power to sell, lease, or transfer such property or defend or prosecute all suits concerning it and to pay all just claims against it and to do all things necessary for the protection, preservation, and management thereof. If the old age assistance or aid to the permanently and totally disabled of such person is discontinued during his lifetime, the property thus transferred shall be returned to him subject to a lien on such property for any sums paid to him as old age assistance or aid to the permanently and totally disabled under this chapter or RSA 161, or the remainder of such property after deducting therefrom the sums paid to him as such assistance shall be returned to him. In the event of his death, the remainder of such property, after deducting therefrom the sums paid him as old age assistance or aid to the permanently and totally disabled under this chapter or RSA 161, shall be considered as the property of the estate of the beneficiary for administrative proceedings. The commissioner of health and human services shall execute and deliver all necessary instruments to give effect to this section.
Source.
1937, 202:35. RL 126:33. 1951, 90:12. RSA 167:29. 1983, 291:1. 1995, 310:176, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:30 - Confidential Character of Public Assistance Records.

167:30 Confidential Character of Public Assistance Records. –
Whenever under provisions of law names and addresses of recipients of assistance or child welfare services under this chapter or RSA 161 are furnished to or held by any other agency or department of government, such agency or department of government shall be required to adopt regulations necessary to prevent the publication of lists thereof or their use for purposes not directly connected with the administration of this chapter or RSA 161.
Source.
1941, 107:3. RL 126:34. 1951, 90:13. RSA 167:30. 1973, 353:3, eff. Aug. 26, 1973.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:31 - Misuse of Lists and Records.

167:31 Misuse of Lists and Records. –
It shall be unlawful except for purposes directly connected with the administration of assistance or child welfare services under this chapter or RSA 161, and in accordance with regulations prescribed by the commissioner for any person, to solicit, disclose, receive, make use of or to authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning persons applying for or receiving such assistance or services directly or indirectly derived from the records, papers, files or communications of the department of health and human services, or agencies thereof, or acquired in the course of the performance of official duties.
Source.
1941, 107:3. RL 126:35. 1951, 90:13. RSA 167:31. 1973, 353:4. 1983, 291:1. 1995, 310:181, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:32 - Penalties.

167:32 Penalties. –
Any person who shall violate the provisions of RSA 167:31 shall be guilty of a violation.
Source.
1941, 107:3. RL 126:36. RSA 167:32. 1973, 531:39, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:33 - Legal Proceedings.

167:33 Legal Proceedings. –
Any suit, action, petition, or other legal proceeding to enforce a lien recovering any money or property from any recipient of old age assistance or aid to the permanently and totally disabled, under this chapter or RSA 161, or his estate shall be instituted and prosecuted in the name of the state of New Hampshire, and any recovery shall be for the benefit of and, after any necessary reimbursement of the federal government, be allocated and paid to the state and the county in proportion to the assistance paid.
Source.
1937, 202:36. RL 126:37. 1951, 90:13. RSA 167:33. 1985, 380:46, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:34 - Reports by Counties.

167:34 Reports by Counties. –
The counties shall, from time to time, make such reports relative to direct relief, and shall transfer to said department of health and human services such records relative to old age assistance and aid to the blind, as the commissioner of health and human services may determine.
Source.
1937, 202:37. RL 126:38. RSA 167:34. 1983, 291:1. 1985, 380:46. 1995, 310:176, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:35 - to 167:37 Repealed by 1970, 34:4-6, eff. July 1, 1970.

167:35 to 167:37 Repealed by 1970, 34:4-6, eff. July 1, 1970. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:37-a - to 167:42 Repealed by 1970, 34:7-12, eff. July 1, 1970.

167:37-a to 167:42 Repealed by 1970, 34:7-12, eff. July 1, 1970. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:42-a - Repealed by 1983, 275:4, eff. Aug. 17, 1983.

167:42-a Repealed by 1983, 275:4, eff. Aug. 17, 1983. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:43 - Repealed by 1995, 310:170, IX, eff. Nov. 1, 1995.

167:43 Repealed by 1995, 310:170, IX, eff. Nov. 1, 1995. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:44 - to 167:49 Repealed by 1973, 117:2, I, eff. July 7, 1973.

167:44 to 167:49 Repealed by 1973, 117:2, I, eff. July 7, 1973. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:50 - to 167:52 Repealed by 1990, 201:19, eff. June 26, 1990.

167:50 to 167:52 Repealed by 1990, 201:19, eff. June 26, 1990. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:53 - Notice of Placing.

167:53 Notice of Placing. –
It shall be the duty of any person, public official, society, or institution, placing any dependent or neglected child in any family home or institution, to give notice in writing to the commissioner within 10 days after such placing, stating the name of such child and the name, residence, or location of the person or institution with whom or in which such child is placed.
Source.
1917, 104:1. PL 109:11. RL 127:11. RSA 167:53. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:54 - to 167:56 Repealed by 1973, 117:2, II, eff. July 7, 1973.

167:54 to 167:56 Repealed by 1973, 117:2, II, eff. July 7, 1973. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:57 - Repealed by 1973, 266:3, eff. Aug. 21, 1973.

167:57 Repealed by 1973, 266:3, eff. Aug. 21, 1973. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:58 - Definitions.

167:58 Definitions. –
In this subdivision:
I. "Abuse" means provider practices that are inconsistent with sound fiscal, business, or medical practices, and result in an unnecessary cost to the medicaid program, or in reimbursement for services that are above those actually rendered, that are not medically necessary, or that fail to meet professionally recognized standards for health care.
I-a. "Commissioner" means the commissioner of the department of health and human services.
II. "Data" means information of any kind in any form, including computer software as defined in RSA 638:16, VI.
III. "Department" means the department of health and human services.
IV. "Fraud" means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or some other person. It includes any act that constitutes fraud under New Hampshire criminal code, RSA title LXII.
V. "Provider" means any individual, partnership, corporation or entity furnishing services under a written contract with the department.
VI. "Suspension" means the removal of a provider from participation in the medicaid program for not less than 60 days nor more than 6 months.
VII. "Termination" means the removal of a provider from participation in the medicaid program for an indefinite period of time.
Source.
1981, 189:2. 1983, 291:1. 1990, 260:1. 1995, 310:121, 175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:59 - Duties of the Commissioner.

167:59 Duties of the Commissioner. –
The commissioner shall:
I. Provide medical assistance to all individuals who are eligible for the medicaid program, pursuant to RSA 161 and RSA 167.
II. Cooperate with the attorney general in the investigation of all identified instances of possible fraud or abuse in the medicaid program.
III. Refer to the attorney general for prosecution all cases where there is substantial potential for fraud and abuse in the medicaid program.
IV. Suspend or terminate from participation in the medicaid program any provider who is convicted of fraud or abuse in the medicaid program or any provider who violates rules adopted by the commissioner relative to medicaid.
Source.
1981, 189:2. 1987, 207:3. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:60 - Suspension or Termination of a Medicaid Provider.

167:60 Suspension or Termination of a Medicaid Provider. –
The commissioner shall suspend or terminate any provider from the medicaid program:
I. Who has been found guilty of violating RSA 167:17-b or 167:61-a; or
II. Who, after notice of overpayment and identification of claims resulting in the overpayment, does not reimburse the department by the amount of overpayment.
Source.
1981, 189:2. 1990, 260:2. 1995, 310:175, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 167 - Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children › Section 167:61 - Repealed by 2004, 167:3, eff. Jan. 1, 2010.

167:61 Repealed by 2004, 167:3, eff. Jan. 1, 2010. –