CHAPTER 126-A DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Reimbursements
Section 126-A:40
126-A:40 Liability for Expenses and Hearing on Liability. –
I. (a) Whenever the court issues an order for evaluation, care, or treatment of a child at a facility that provides child inpatient psychiatric treatment within the state mental health system pursuant to RSA 169-B, 169-C, or 169-D, the expenses of such evaluation, care, or treatment shall be borne by the department, except as otherwise provided in this section.
(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services.
(c) The state shall have a right of action over for such expenses against the parents or the people chargeable by law for the minor's support and necessities. The court shall require the individual chargeable by law for the minor's support and necessities to assign to the state any insurance coverage that may be available to pay for all or a portion of the services provided and to submit a financial statement to the court upon which the court may make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance coverage available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall continue for a duration of time equal to the duration of time in which expenses are incurred on behalf of the minor by the state. The court's jurisdiction to order reimbursement shall continue until the obligation to reimburse has been fulfilled. If the state receives reimbursement for the expenses of a child under this section, the state shall return to the formerly liable county that percentage of the reimbursement equal to the percentage of expenses paid by the county for the child.
II. Upon the issuance of an order under paragraph I, the court shall send notice to the state. The state may, within 30 days from the receipt of notice, request a hearing on the issues of the cost or appropriateness of services, or recovery. At such hearing, the court shall provide all financial information, including names and addresses of persons chargeable by law for the minor's support and necessities, to the state.
III. The office of reimbursements, acting on behalf of the department of health and human services, is authorized to compromise or reduce any expense to be charged to the state.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]
VII. [Repealed.]
Source. 1995, 310:1. 2008, 274:33, eff. July 1, 2008; 296:21-23, eff. July 1, 2008. 2022, 272:36, 37, eff. June 24, 2022.