reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:27 - Recovery From Estates.

165:27 Recovery From Estates. –
Towns and cities may recover from the estates of persons assisted in like manner as counties under RSA 166:19.
Source.
1903, 42:1. PL 106:30. RL 124:26. RSA 165:27. 1985, 380:15, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:27-a - Assignment for Funeral and Burial or Cremation Expenses.

165:27-a Assignment for Funeral and Burial or Cremation Expenses. –
I. Except when a town or city assisted person has made arrangements for a prepaid funeral, if there are liquid assets at death, there shall be an automatic assignment to the funeral director or the person who paid for the funeral and burial or cremation of the deceased to the extent of funeral and burial or cremation expenses up to $2,000.
II. The funeral director or the person who paid for the funeral and burial or cremation expenses may submit a notarized statement to the effect that he has paid the expenses, together with an itemized list of the expenses, to the entity holding the assets. Upon submission of the statement and the list, the person shall receive payment to the extent of the expenses authorized under this section.
III. The entity making the payment shall provide a receipt and shall send a copy of the receipt to the town selectmen or city council of the appropriate town or city.
IV. If no assets remain after a payment is made under this section, the entity making the payment shall so notify the probate court having jurisdiction over the estate.
Source.
1981, 253:2. 1985, 380:16. 2000, 202:3, eff. Jan. 1, 2001. 2019, 99:1, eff. Aug. 20, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:28 - Liens on Real Property.

165:28 Liens on Real Property. –
The amount of money spent by a town or city to support an assisted person under this chapter shall, except for just cause, be made a lien on any real estate owned by the assisted person. The liens are effective until enforced as provided in this chapter, or until released by the selectmen or city council; provided that there shall be no enforcement of the lien so long as the real estate is occupied as the sole residence of the assisted person, his surviving spouse, or his surviving children who are under age 18 or blind or permanently and totally disabled. Interest at the rate of 6 percent per year shall be charged on the amount of money constituting such lien commencing one year after the date of the filing of the lien unless a majority of the selectmen in the town or the councilmen in the city vote to waive such interest. The selectmen or council may file a notice of the lien or an acknowledgment of satisfaction of the lien with the register of deeds of the county in which the assisted person owns real property. A notice of lien which contains the owner's name and a description of the real property sufficient to identify it is a valid lien on the property. The register of deeds shall keep a suitable record of such notices without charging any fee therefor, and he shall enter an acknowledgment of satisfaction of the lien upon written request of the selectmen or the council without fee.
Source.
1965, 42:1. 1975, 303:1. 1985, 380:17. 1988, 180:2, eff. June 25, 1988.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:28-a - Liens on Civil Judgments.

165:28-a Liens on Civil Judgments. –
I. A town or city shall be entitled to a lien upon property passing under the terms of a will or by intestate succession, a property settlement, or a civil judgment for personal injuries awarded any person granted assistance by the town or city under RSA 165 for the amount of assistance granted by the town or city.
II. The town or city shall be entitled to the lien only if the assistance was granted no more than 6 years before the receipt of the inheritance or the award of the property settlement or civil judgment, provided that this section shall not apply to inheritances, property settlements, or civil judgments awarded before August 28, 1981.
III. This lien shall take precedence over all other claims.
Source.
1981, 503:1. 1985, 380:45, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:29 - Enforcement of Liens.

165:29 Enforcement of Liens. –
Liens arising under RSA 165:28 or RSA 165:28-a may be enforced by a bill in equity.
Source.
1965, 42:1. 1981, 503:3, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:30 - Relative Priority.

165:30 Relative Priority. –
Any lien arising under RSA 165:28 shall be subordinate to mortgages and other valid liens, recorded with the register of deeds prior to the recording of the notice of the lien referred to in RSA 165:28.
Source.
1965, 42:1. 1981, 503:5, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:31 - Work Program Requirements for Assisted Persons.

165:31 Work Program Requirements for Assisted Persons. –
I. The overseer of public welfare may require any person who is receiving support under this chapter and who is physically able to work, to participate in the municipality's work program as a condition of continued eligibility for assistance. The overseer of public welfare of the town or city may require the person receiving aid to work for the town or city at any job which it has available that is within the capacity of the person receiving support. Such persons shall receive aid in return for such required work at a rate of exchange equivalent to the prevailing wage for the kind of work they are required to perform in the community from which they receive support, as determined by the municipality's pay schedules prevailing at the time of application for assistance. The amount an assisted person may be required to reimburse the town or city for aid received shall be reduced by the credits received from participation in the municipal work program.
II. The overseer of public welfare of the town or city may require the person receiving aid to perform services for a nonprofit organization if that organization has agreed to participate as a municipal work program, and has been approved by the overseer of public welfare, provided the person is credited according to the prevailing wage scale of that institution.
III. In no case shall participation in a work program be required of the following persons as a condition of receiving assistance:
(a) Single parents with children under the age of 5 years; and
(b) Persons with mental or physical disabilities, as determined by the overseer of public welfare.
Source.
1965, 321:1. 1977, 59:1. 1985, 380:18. 1987, 261:1. 1996, 213:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:32 - Employment of Relatives.

165:32 Employment of Relatives. –
No person who is otherwise eligible for support under this chapter shall receive such support unless and until all able-bodied adults under the age of 65 years, except those regularly attending school, who are related to such person, regularly residing in the same household as such person, legally liable to contribute to the support of such person and not prevented from maintaining employment and contributing to the support of such person by reason of physical or mental disability or other substantial or other justifiable cause, are employed on a full-time basis. The amount or amounts earned by the persons obligated to maintain employment under this section shall be taken into consideration in determining the level of need for town or city support. Nothing in this section shall be so construed to deny to any minor dependent child any needed support to which he would otherwise be entitled. Unrelated adults living in the same household in loco parentis as to any such person seeking town or city support shall be obligated to contribute to the poor person's support to the same extent as the parent of such person, and in default thereof, shall be subject to the same penalties as the parent of such person would be in such case.
Source.
1969, 451:2. 1985, 380:19, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:33 - City or Town Districts.

165:33 City or Town Districts. –
Any city or town may contract with one or more cities or towns to form districts. Such districts shall administer general assistance for which the respective city or town is responsible. The districts are authorized to establish the rate which will be paid to the districts by the respective city or town and to establish written guidelines under which general assistance shall be administered.
Source.
1985, 380:20, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 165 - Aid to Assisted Persons › Section 165:34 - City or Town may Contract With County.

165:34 City or Town may Contract With County. –
Any city or town may contract with its respective county to permit the county to act as its agent in administering general assistance for which the city or town is responsible. The city or town and the county are further authorized to establish the rate which will be paid by the cities or towns to the counties and to establish written guidelines under which general assistance shall be administered.
Source.
1985, 380:20, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:1 - Definitions.

166:1 Definitions. –
As used in this chapter:
I. "County assisted person" means an individual who is eligible for and receiving old age assistance, aid to the permanently and totally disabled or nursing home care in an intermediate care facility. Nothing in this paragraph shall be construed to mean that the county is responsible for providing general assistance to any town or city assisted person, except in accordance with RSA 165:33 and 165:34.
II. "Disabled individual" means a person receiving state administered aid to the totally and permanently disabled, veteran's disability benefits, social security disability benefits, supplemental security income benefits, or other disability benefits administered under the state or federal government.
III. "Elderly" means anyone 55 years of age and older.
Source.
PS 85:1. PL 107:1. RL 125:1. RSA 166:1. 1979, 202:1. 1985, 380:21, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:1-a - Reimbursement of Funds by the County.

166:1-a Reimbursement of Funds by the County. –
Each county shall reimburse the state for a pro rata share of all assistance furnished for old age assistance, aid to the permanently and totally disabled, and nursing home care to eligible individuals for which the county is liable. The county's share shall be established by the legislature as part of the operating budget. Under no circumstances, however, shall the county be liable for the cost of general assistance.
Source.
1985, 380:22, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:2 - County Regulations.

166:2 County Regulations. –
The county commissioners may make needful orders and regulations for the removal of county assisted persons to the county poor farm, or any other place by them designated; and no town shall be entitled to compensation for the support of a county assisted person after notice of, and neglect to comply with, such order.
Source.
1860, 2349:1. GS 24:6. GL 25:6. PS 85:2. PL 107:2. RL 125:2. RSA 166:2. 1985, 380:47, 48, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:3, 166:4 - Repealed by 1967, 192:11, eff. Jan. 1, 1968.

166:3, 166:4 Repealed by 1967, 192:11, eff. Jan. 1, 1968. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:5 - Town or City Contracts.

166:5 Town or City Contracts. –
It shall be the duty of the county commissioners to contract with the overseers of public welfare of a town or city for the support of any county assisted persons therein who have resided for a long time or have local associations in such town or city and desire to remain there, if it is thought best to do so.
Source.
1873, 45:1. GL 83:2. PS 85:6. 1919, 67:1. PL 107:6. RL 125:5. RSA 166:5. 1985, 380:45, 47, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:8 - Residents of Homes and Institutions.

166:8 Residents of Homes and Institutions. –
Any person who is, or becomes, a recipient of old age assistance, aid to the permanently and totally disabled or intermediate care facility assistance while at a hospital, home for the aged, nursing home, rest home, convalescent home, residential care facility for adults, or similar facility, or an elderly or disabled person, who lives in a multiple unit rental dwelling which is fully or partially subsidized by the United States Department of Housing and Urban Development or the United States Department of Agriculture's Farmers Home Administration, is the responsibility of the county in which he last resided before entering such institution.
Source.
1895, 54:1. 1901, 49:1. PL 107:9. RL 125:8. 1953, 171:1. RSA 166:8. 1967, 192:5. 1975, 221:1. 1979, 202:2. 1985, 380:23. 1988, 289:2, eff. May 2, 1988.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:10 - Liability of Counties.

166:10 Liability of Counties. –
Each county is responsible for the support of any county assisted person as defined in RSA 166:1 who resides in that county, except as provided in RSA 166:8.
Source.
GS 75:13. GL 83:15. PS 85:9. 1903, 67:3. PL 107:10. 1933, 137:3. RL 125:9. 1953, 119:1. RSA 166:10. 1967, 192:6. 1979, 243:2. 1985, 380:24, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:12 - Right of Action.

166:12 Right of Action. –
Counties have the same rights of action to resolve disputed claims as provided for towns and cities by RSA 165:19 and 20 or as provided by RSA 28:16-19.
Source.
1933, 137:4. RL 125:11. RSA 166:12. 1967, 192:7. 1977, 152:3. 1985, 380:25, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:14 - Removals by Order of Court.

166:14 Removals by Order of Court. –
Every such poor and indigent person may be removed, by order of the superior court, from said county into the county from which he was so brought.
Source.
RS 67:10. CS 71:11. GS 75:10. GL 83:12. PS 85:12. PL 107:13. RL 125:13.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:15 - to 166:18 Repealed by 1967, 192:11, eff. Jan. 1, 1968.

166:15 to 166:18 Repealed by 1967, 192:11, eff. Jan. 1, 1968. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:19 - Recovery From Estates.

166:19 Recovery From Estates. –
Any county furnishing any assistance to any person within 6 years preceding his death shall be entitled to recover from the estate of such person the sum or sums paid out for such assistance, the same to be a preferred claim against his said estate after the payment of his funeral charges, expense of last sickness and expenses of administration, provided he leaves no widow or minor children living at his decease.
Source.
1903, 42:1. PL 107:19. RL 125:19.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:19-a - Assignment for Funeral and Burial or Cremation Expenses.

166:19-a Assignment for Funeral and Burial or Cremation Expenses. –
I. Except when a county assisted person has made arrangements for a prepaid funeral, if the total liquid assets of a county assisted person at death are less than $1,000, there shall be an automatic assignment to the funeral director or the person who paid for the funeral and burial or cremation of the deceased to the extent of funeral and burial or cremation expenses up to $1,000.
II. The funeral director or the person who paid for the funeral and burial or cremation expenses may submit a notarized statement to the effect that he has paid the expenses, together with an itemized list of the expenses, to the entity holding the assets. Upon submission of the statement and the list, the person shall receive payment to the extent of the expenses authorized under this section.
III. The entity making the payment shall provide a receipt and shall send a copy of the receipt to the county commissioners.
IV. If no assets remain after a payment is made under this section, the entity making the payment shall so notify the probate court having jurisdiction over the estate.
Source.
1981, 253:1. 1985, 380:47. 2000, 202:2, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:19-b - Recovery From Recipients.

166:19-b Recovery From Recipients. –
Any county furnishing assistance to any person who is returned to an income status after receiving the assistance which enables him to reimburse the county without financial hardship, may recover from such person the amount of assistance provided.
Source.
1981, 503:6, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:20 - Liens on Real Property.

166:20 Liens on Real Property. –
The amount of money spent by a county to support a county assisted person under this chapter shall, except for just cause, be made a lien on any real estate owned by the county assisted person. The liens are effective during the lifetime of the county assisted person, or until enforced as provided in this chapter, or until released by the county commissioners. The county commissioners, in their discretion, may file a notice of the lien or an acknowledgment of satisfaction of the lien with the register of deeds of the county in which the county assisted person owns real property. A notice of lien which contains the owner's name and a description of the real property sufficient to identify it is a valid lien on the property. The register of deeds shall keep a suitable record of such notices without charging any fee therefor, and he shall enter an acknowledgment of satisfaction of the lien upon written request of the county commissioners, without fee.
Source.
1965, 43:1. 1985, 380:47, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:21 - Enforcement of Liens.

166:21 Enforcement of Liens. –
Liens arising under RSA 166:20 may be enforced by a bill in equity.
Source.
1965, 43:1, eff. June 7, 1965.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:22 - Relative Priority.

166:22 Relative Priority. –
Such lien shall be subordinate to mortgage and other valid liens, recorded with the register of deeds prior to the recording of the notice of lien referred to in RSA 166:20.
Source.
1965, 43:1, eff. June 7, 1965.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:22-a - Liens on Civil Judgments.

166:22-a Liens on Civil Judgments. –
I. A county shall be entitled to a lien upon property passing under the terms of a will or by intestate succession, a property settlement or a civil judgment for personal injuries awarded any person granted assistance by the county under RSA 166 for the amount of assistance granted by the county.
II. The county shall be entitled to the lien only if the assistance was granted no more than 6 years before the receipt of the inheritance or the award of the property settlement or civil judgment, provided that this section shall not apply to inheritances, property settlements, or civil judgments awarded before August 28, 1981.
III. This lien shall take precedence over all other claims.
Source.
1981, 503:2, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:23 - Employment of Relatives.

166:23 Employment of Relatives. –
No person who is otherwise eligible for support under this chapter shall receive such support unless and until all able-bodied adults under the age of 65 years, except those regularly attending school, who are related to such person, regularly residing in the same household as such person, legally liable to contribute to the support of such person and not prevented from maintaining employment and contributing to the support of such person by reason of physical or mental disability or other substantial or other justifiable cause, are employed on a full-time basis. The amount or amounts earned by the persons obligated to maintain employment under this section shall be taken into consideration in determining the level of need for support. Nothing in this section shall be so construed to deny to any minor dependent child any needed support to which he would otherwise be entitled. Unrelated adults living in the same household in loco parentis as to any such person seeking county support shall be obligated to contribute to the poor person's support to the same extent as the parent of such person, and in default thereof, shall be subject to the same penalties as the parent of such person would be in such case.
Source.
1969, 451:3. 1985, 380:27, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 166 - Aid to County Assisted Persons › Section 166:24 - Recovery of Expense; Court Costs.

166:24 Recovery of Expense;  Court Costs. –
If a county acting in its capacity as agent for a city or town under RSA 165:34 spends any sum for the support, return to his home or burial of a county assisted person having a residence in a town or city, or another county, or for the support, return to his home or burial of an assisted person having relations able to support him under RSA 165:19, such sum may be recovered from the town, city, county or relation so chargeable. In any civil action brought under this section to recover such sum, the court shall award costs to the prevailing party.
Source.
1981, 503:7. 1985, 380:28, 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 167:1 - Repealed by 1975, 221:2, eff. Aug. 2, 1975.

167:1 Repealed by 1975, 221:2, eff. Aug. 2, 1975. –
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 167:2 - Liability for Support; Recovery.

167:2 Liability for Support;  Recovery. –
Assistance rendered under this chapter or RSA 161 to anyone having a father, mother, husband or wife, whose weekly income or other resources are more than sufficient to provide a reasonable subsistence compatible with decency and health, may be recovered in an appropriate proceeding in the superior court brought by the commissioner of health and human services, in the name of the state, from either a father, mother, husband, or wife, who are declared jointly and severally liable for such assistance. A parent shall be liable under this section only for assistance provided to a child under the age of 18, or for as long as the department of health and human services has the authority to recover support under Title IV of the Social Security Act. Such action shall be brought by the attorney general or the county attorney for the county in which any such relative resides when so requested by the commissioner of health and human services. Nothing in this section shall affect assistance eligibility or the amount of services for which an applicant or recipient may be eligible.
Source.
1937, 202:9. RL 126:9. 1951, 139:5. RSA 167:2. 1969, 478:1. 1983, 291:1. 1995, 310:176. 2013, 212:1, 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 167:2-a - Employment of Person Receiving Assistance.

167:2-a Employment of Person Receiving Assistance. –
If any person receiving assistance under this chapter or RSA 161 is physically able to work, the commissioner of health and human services may require that such a person receiving aid work for the state at any job which the state has available that is within the capacity of the person receiving assistance.
Source.
1965, 321:3. 1983, 291:1, II. 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 167:2-b - Employment of Relatives of Persons Receiving Public Welfare Assistance.

167:2-b Employment of Relatives of Persons Receiving Public Welfare Assistance. –
No person who is otherwise eligible for public assistance based on financial need shall receive public welfare assistance from the state unless and until all able-bodied adult persons, under the age of 65 years, except those regularly attending school, related to such person, and regularly residing in the same household as such person, and legally liable to contribute to the support of such person and not prevented from maintaining employment and contributing to the support of such person by reason of physical or mental disability or other substantial or other justifiable cause, are employed on a full-time basis. The amount or amounts earned by the persons obliged to maintain employment hereunder shall be taken into consideration in determining the level of need for public assistance. Nothing in this section shall be so construed to deny to any minor dependent child any needed public assistance to which he or she would be otherwise entitled. Unrelated adult persons living in the same household in loco parentis as to any such person seeking public assistance shall be obliged to contribute to his or her support to the same extent as the parent of such person, and in default thereof, shall be subject to the same penalties as the parent of such person would be in such case. If anything in this section conflicts with federal law or regulation related thereto, the federal law or regulation shall take precedence.
Source.
1969, 451:1. 2010, 136:1, eff. Aug. 13, 2010.
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 167:2-c - Crossing Picket Lines Not Required.

167:2-c Crossing Picket Lines Not Required. –
If any person receiving assistance under this chapter or RSA 161 is physically able to work, he shall not be required by the state or any of its political subdivisions to cross any lawful picket line in connection with any strike, lock-out, or labor dispute to apply for a job.
Source.
1992, 80:1, eff. June 19, 1992.
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 167:3 - Compelling Support.

167:3 Compelling Support. –
Upon the request of the commissioner of health and human services, any such father, mother, stepfather, stepmother, son, daughter, husband or wife shall provide the support of the person assisted under this chapter or RSA 161, or contribute thereto. Should such relative refuse to comply with such request, the commissioner of health and human services may bring an appropriate proceeding in the superior court in the name of the state to compel such support or contribution thereto. If upon hearing it shall appear that such relative is able to provide the support of such person or to contribute thereto, the court shall enter an order accordingly and shall fix the amount and method and manner of payment. Failure to comply with any such order, without good cause as determined by the court at a hearing, shall be deemed contempt of court and punished accordingly. Such proceedings shall be brought by the attorney general or the county attorney for the county in which any such relative resides when so requested by the commissioner of health and human services.
Source.
1951, 139:6. RSA 167:3. 1973, 111:1. 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 167:3-a - Liability of Grandparents.

167:3-a Liability of Grandparents. –
Assistance rendered under this chapter or RSA 161 to anyone who is the child born of an unwed minor whose father or mother, grandparent of the child born of an unwed minor, has a weekly income or other resources more than sufficient to provide a reasonable subsistence compatible with decency and health, may be recovered from such grandparent in the same manner and by the same proceedings as provided in RSA 167:2 and 167:3 for recovery from other legally liable relatives.
Source.
1961, 18:1. 1973, 145:3, eff. July 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 167:3-b - Responsibility for Public Medical Assistance.

167:3-b Responsibility for Public Medical Assistance. –
The provisions of RSA 167:2, 3 and 3-a, do not apply to the administration of medical assistance, except with respect to the spouse of the individual who needs medical care or services, or the parent of such individual, if said individual is under the age of 21.
Source.
1965, 223:1. 1967, 396:2. 1973, 151:1. 1977, 355:1. 2000, 156:1. 2011, 224:44, eff. Jan. 1, 2012.
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 167:3-d - Repealed by 1994, 403:8, II, eff. June 10, 1994.

167:3-d Repealed by 1994, 403:8, II, eff. June 10, 1994. –
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 167:3-e - Home Care for Children With Severe Disabilities.

167:3-e Home Care for Children With Severe Disabilities. –
I. If a child is enrolled in the medical assistance program that provides home care for children with severe disabilities, the commissioner shall assist the child's parent or guardian to recover costs for medical care and services under any private health insurance available to the child.
II. The department of health and human services may acquire adaptive equipment and other specialized home health care assets for the purpose of loaning such equipment to participants in the medical assistance program that provides home care for children with severe disabilities. The department shall have authority to contract for the refurbishment of such equipment, to reissue equipment returned to the department, and to dispose of any equipment that is no longer useful.
III. To be eligible for home care for children with severe disabilities, a child shall, at a minimum, have an impairment or combination of impairments that meets, medically equals, or functionally equals the criteria for an impairment as listed in 20 CFR, Part 404, Subpart P, App. 1.
IV. A child who has been determined to meet the requirements of institutional level of care shall receive services to the extent the estimated cost of care outside an institution is no higher than the estimated medicaid cost of appropriate institutional care.
Source.
2004, 251:2, eff. June 15, 2004.
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 167:3-h - Coverage of Services and Items Under the Medical Assistance Program.

167:3-h Coverage of Services and Items Under the Medical Assistance Program. –
I to III. [Repealed.]
IV. Medical assistance shall include coverage for disposable incontinence supplies under the Medicaid state plan for individuals who have a medical condition resulting in incontinence, as documented by a physician.
Source.
2007, 288:1. 2011, 224:321, I, eff. July 1, 2011.
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 167:3-i - MEAD Work Incentive Program.

167:3-i MEAD Work Incentive Program. –
I. Pursuant to section 1902(a)(10)(A)(ii)(XV) of the Social Security Act, 42 U.S.C. section 1396a(a)(10)(A)(ii)(XV), the department of health and human services shall establish and administer a work incentive program, known as Medicaid for employed adults with disabilities (MEAD). The purpose of the program shall be to ensure the availability of long-term supports to workers with disabilities who are medically eligible for Medicaid, enabling them to maximize their employment potential and financial independence and prevent impoverishment and dependence upon cash assistance programs.
II. In addition to the requirements of RSA 167:6, IX, the MEAD program shall:
(a) Exclude from consideration resources accumulated from earnings, including interest earned by the resource, by a MEAD-eligible individual beginning on or after the date of eligibility through the period of MEAD eligibility and kept in a separate account from other resources, when determining future eligibility for other medical assistance programs.
(b) Provide continued eligibility during periods of temporary unemployment provided that the individual is unable to work for medical reasons but is likely to return to work, or the individual becomes unemployed for other good cause and is actively seeking employment.
(c) Define employment for eligibility purposes in a manner that permits a self-employed individual to earn less than the federal minimum wage.
(d) Permit individuals who are eligible for home and community-based care waiver services and who qualify for a special income limit, to receive medical assistance through the MEAD program, if they so choose, even if their total income is between the standard of need and the special income limit.
(e) Provide notice and an opportunity for a fair hearing in the event of any adverse action affecting eligibility for or enrollment in the MEAD program.
(f) Establish oversight and enforcement procedures to prevent fraud and to assure that participants are consistently engaging in gainful employment.
Source.
2008, 76:3, eff. July 20, 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 167:3-j - Aid to the Permanently and Totally Disabled; Duration of Impairment.

167:3-j Aid to the Permanently and Totally Disabled;  Duration of Impairment. –
I. The department of health and human services may change the minimum duration of impairment for aid to the permanently and totally disabled (APTD) from 48 months to 12 months upon approval of the fiscal committee of the general court, under the following conditions:
(a) This change results in a net general fund cost savings.
(b) Eligibility for APTD shall be based on a determination of disability as defined in Title II, Social Security Disability Insurance (SSDI), and Title XVI, Supplemental Security Income (SSI), of the Social Security Act, as amended.
(c) A determination of disability by the Social Security Administration or any other federal agency, including the Railroad Retirement Board, using the SSI and SSDI criteria, shall constitute a determination of disability for purposes of APTD.
(d) Applicants for APTD cash assistance shall be recipients of SSI, if eligible therefor.
(e) For persons applying for APTD and SSI, eligibility for both programs shall be determined using the medical and financial eligibility criteria of the SSI program, through a single disability determination process.
(f) As of the date the department implements the 12-month standard and other provisions of this paragraph, all persons who have been determined by the department to be disabled under the 48-month durational standard and are eligible for APTD and who have not been determined to be disabled by the Social Security Administration or other federal agency using the SSI/SSDI standard, shall remain eligible for APTD if they have active and pending applications for or appeals of denials of SSI, SSDI, or any other federal program utilizing the SSI/ SSDI standard, through the level of the Social Security Appeals Council, provided they meet all other eligibility criteria.
(g) Applicants shall have all appeal rights provided in state and federal law.
II. The commissioner of health and human services is authorized to enter into agreements with agencies of the state or federal government to administer any or all parts of the aid to the permanently and totally disabled (APTD) program, including an agreement with the Social Security Administration in accordance with section 1634(a) of the Social Security Act, to the extent such agreements would allow for more cost effective or efficient administration of the program. The department shall implement the most cost-effective organizational and management structure and operational processes, with prior approval of the fiscal committee of the general court, which may include organizational and contractual changes including management responsibility for SSI and SSDI eligibility determinations.
III. [Repealed.]
Source.
2009, 144:284. 2012, 247:20, eff. Aug. 17, 2012. 2021, 122:43, V, eff. July 9, 2021.
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 167:3-m - MOAD Work Incentive Program.

[RSA 167:3-m effective on the date the commissioner of the department of health and human services certifies the approval of the state plan amendment by the Centers for Medicare and Medicaid Services.]
167:3-m MOAD Work Incentive Program. –
I. Pursuant to section 1902(a)(10)(A)(ii)(XIII) of the Social Security Act, 42 U.S.C. section 1396a(a)(10)(A)(ii)(XIII), the department of health and human services shall establish and administer a work incentive program, known as Medicaid for employed older adults with disabilities (MOAD). The purpose of the program shall be to ensure the availability of long-term supports to workers age 65 and older with disabilities who are medically eligible for Medicaid, enabling them to maximize their employment potential and financial independence and prevent impoverishment and dependence upon cash assistance programs.
II. In addition to the requirements of RSA 167:6, IX-a, the MOAD program shall:
(a) Exclude from consideration resources accumulated from earnings, including interest earned by the resource, by a MOAD-eligible individual beginning on or after the date of eligibility through the period of MOAD eligibility and kept in a separate account from other resources, when determining future eligibility for other medical assistance programs.
(b) Provide continued eligibility during periods of temporary unemployment provided that the individual is unable to work for medical reasons but is likely to return to work, or the individual becomes unemployed for other good cause and is actively seeking employment.
(c) Define employment for eligibility purposes in a manner that permits a self-employed individual to earn less than the federal minimum wage.
(d) Permit individuals who are eligible for home and community-based care waiver services and who qualify for a special income limit, to receive medical assistance through the MOAD program, if they so choose.
(e) Provide notice and an opportunity for a fair hearing in the event of any adverse action affecting eligibility for or enrollment in the MOAD program.
(f) Establish oversight and enforcement procedures to prevent fraud and to assure that participants are consistently engaging in gainful employment.
III. Pursuant to section 1902(a)(10)(A)(ii)(XIII) of the Social Security Act, 42 U.S.C. section 1396a(a)(10)(A)(ii)(XIII), individuals shall be eligible for MOAD if their income does not exceed 250 percent of the federal poverty level, and they meet all criteria for receiving benefits under the Supplemental Security Income (SSI) program.
Source.
2019, 346:361.
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 167:4-e - Spend-down Requirements for Medical Expenses.

167:4-e Spend-down Requirements for Medical Expenses. –
For the purposes of off-setting the Medicaid spend-down requirements, mental health expenses shall be included as medical expenses.
Source.
2021, 179:2, Pt. I, Sec. 1, eff. July 30, 2021.
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 167:4-f - Financial Eligibility.

167:4-f Financial Eligibility. –
I. Financial eligibility for Medicaid adult home and community-based waiver programs shall include the following resource limits:
(a) For married individuals, revert to the standard in place prior to the passage of the federal Affordable Care Act, so that only the resources in the name of the applicant, and not the resources in the name of the applicant's spouse are counted for purposes of determining Medicaid resource eligibility; and
(b) For single individuals, establish a resource disregard of $6,000, which would have an effective resource limit of $7,500.
II. Department of Health and Human Services; Resource Disregard Enhancement Authority; Rulemaking. Pursuant to RSA 161:4-a, the department of health and human services shall enter into rulemaking, subject to the Centers for Medicare and Medicaid Services (CMS) approval as necessary, to revert the resource standard for married persons prior to the passage of the Affordable Care Act and increase the resource disregard to a maximum of $6,000 for individuals seeking nursing facility services or home and community based care under state waivers established under section 1915(c) of the Social Security Act.
Source.
2023, 79:575, 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 167:5 - Designations.

167:5 Designations. –
I. Assistance granted to needy aged persons shall be designated as old age assistance; assistance granted to needy blind shall be designated as aid to the needy blind; assistance granted to needy dependent children and to the otherwise eligible parents or needy caretaker relatives with whom they live, shall be designated as aid to families with dependent children; assistance granted to the needy permanently and totally disabled shall be designated as aid to the permanently and totally disabled. For purposes of this chapter or RSA 161, the term "adult programs" may be used to mean old age assistance, aid to the needy blind, and aid to the permanently and totally disabled. Medical care and services provided to eligible individuals shall be designated as medical assistance.
II. Assistance granted in these groups shall be in the form of money payments to or vendor payments in behalf of recipients. Such separate records and accounts shall be kept and other requirements met as are necessary to qualify for grants-in-aid from the federal government.
Source.
1937, 202:11. RL 126:11. 1951, 90:3. RSA 167:5. 1961, 271:2. 1967, 396:4. 1969, 451:5. 1970, 34:15. 1986, 183:4. 1993, 5:1, eff. May 25, 1993.
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 167:7-a - Repealed by 1977, 207:2, eff. Aug. 14, 1977.

167:7-a Repealed by 1977, 207:2, eff. Aug. 14, 1977. –
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 167:8 - Application for Assistance.

167:8 Application for Assistance. –
I. Application for assistance under this chapter or RSA 161 shall be made in the first instance to the commissioner of the department of health and human services, or his duly authorized agent. The application shall be in writing and upon a form prescribed by the department of health and human services. Except in cases of emergency no aid shall be granted until completion of the investigation required by this section. Whenever an application for old age assistance or for aid to the permanently and totally disabled is received, the commissioner of health and human services shall immediately give notice of such application to the county commissioners of the county in which said applicant resides or is found, or the appropriate county as provided in RSA 166:8, and shall also notify them of any decision on the application
II. When an individual applies for Temporary Assistance to Needy Families, food stamps, medical assistance, or other programs under this chapter or RSA 161, the commissioner of health and human services or designee shall provide the individual with application forms and information about the Link-Up New Hampshire and Lifeline Telephone Assistance programs, shall offer to assist the individual to apply for these programs, and shall provide such assistance.
Source.
1937, 202:14. RL 126:14. 1951, 90:5. RSA 167:8. 1983, 291:1. 1985, 380:30. 1995, 310:176, 180. 2007, 263:170, 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 167:9 - Repealed by 1967, 396:6, eff. July 1, 1967.

167:9 Repealed by 1967, 396:6, 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 167:10 - Granting of Assistance.

167:10 Granting of Assistance. –
Upon the completion of the investigation, the commissioner of the department of health and human services shall decide whether the applicant is eligible for assistance under the provisions of this chapter or RSA 161 and shall determine in accordance with the rules of the department the amount of such assistance and the date upon which assistance shall begin. The commissioner shall, however, in all cases, first consult with the proper officials of counties hereby required to contribute to the cost of the assistance. The commissioner shall notify the applicant of his decision and send a copy of the decision to the proper county officials.
Source.
1937, 202:16. RL 126:16. RSA 167:10. 1983, 291:1, I. 1985, 380:31. 1995, 310:175, 182, 183, eff. Nov. 1, 1995.