Earlier this year, we updated you on a bill in the New Hampshire legislature that provided assisted living facilities and nursing home facilities with added legal rights to pursue recovery of costs of care rendered to a resident of such a facility.
As we mentioned above, that bill is now law. Under the new law, causes of action by the facility include the following:
- if a fiduciary is negligent in filing and completing a timely application for Medicaid on the resident's behalf, the fiduciary shall be liable;
- if the fiduciary fails to pay the resident's cost share to the facility, the fiduciary shall be liable; or
- if the resident is not able to receive Medicaid assistance due to a transfer of the resident's assets within the five (5) year Medicaid look back period, the person who received the assets from the resident shall be liable at the Medicaid rate for services incurred during the asset transfer disqualification period.
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