Section 126-A:42 Recovery of Expenses. - New Hampshire Statutes

   I. Subject to the provisions of RSA 126-A:43, II, the state is entitled to recover the expense of care, treatment, and maintenance of any patient or resident at any of the institutions named in RSA 126-A:34 or at a public or private institution or otherwise at the direction of the commissioner from the patient or resident, if of sufficient ability to pay, or the person's estate, or from persons legally chargeable with such person's support as defined in RSA 126-A:36 or from the estates provided in RSA 126-A:37.
   II. Recovery of the past due expense of care, treatment, and maintenance of a patient or resident in any of the institutions named in RSA 126-A:34 is limited in amount as follows:
      (a) If such person is living and is a resident of the institution, recovery is limited to the expense incurred within the last 5 years of residence at the institution.
         (1) If such person is living and is a resident of the institution, and if the person legally chargeable for such person's support dies, subject to the provisions of RSA 126-A:43, II, recovery from an estate legally chargeable for expenses as provided in RSA 126-A:37 is limited to the expenses incurred within the 5 years immediately preceding the death of the person chargeable.
      (b) If such person dies while a resident of the institution, subject to provisions of RSA 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding death.
      (c) If such person is discharged from the institution, subject to the provisions of RSA 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding discharge.
      (d) If such person dies after discharge from the institution, subject to the provisions of RSA 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding discharge.
      (e) Expenses incurred by the institution during the time such person is on parole from the institution shall not be included in the total charges for expenses.
   III. In an action by the state for recovery of the expenses of a patient or resident at any of the institutions named in RSA 126-A:34 who is discharged from the institution, or is dead, the action shall be brought within 6 years after the person's discharge or death. An action by the state against the estate of a patient or resident or against an estate legally chargeable for expenses as provided in RSA 126-A:37 may not be brought unless the action is commenced within the time allowed for an action against an administrator by RSA 556:5.

Source. 1995, 310:1, eff. Nov. 1, 1995.