CHAPTER 126-A DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Reimbursements
Section 126-A:43
126-A:43 Regular Rate. –
I. The commissioner shall establish for any patient, resident, or client of an institution, facility, or program named in RSA 126-A:34, a uniform rate to cover the expenses of the several categories of service provided to patients, residents, or clients such as but not necessarily limited to the following: intensive medical care, treatment, and maintenance; intensive psychiatric care, treatment, and maintenance; and custodial care, treatment, and maintenance. The commissioner is not required to establish such rate by rules adopted under RSA 541-A. The categories or classifications of service provided may be modified by the commissioner.
II. After any person has been a resident or patient in any of the institutions named in RSA 126-A:34 for 10 years or has reached the age of majority, the liability of persons other than the patient or resident or such patient's or resident's spouse to provide payments to cover the expenses of care, treatment, and maintenance shall cease, except for recoveries from the estates of such persons which shall be limited as provided in RSA 126-A:42, II. The liability of a spouse under RSA 126-A:36 shall cease after the person has been a patient or resident of any of the institutions named in RSA 126-A:34 for 10 years. The liability of the patient or resident under this paragraph shall continue unless it is determined by the office of reimbursements, in consultation with the commissioner, that the patient or resident lacks sufficient income from any source including, but not limited to, social security, retirement, civil service or veterans administration income, trust fund, or other income to pay a full rate or a higher partial rate.
III. The commissioner may compromise or reduce any debt or obligation owed to the state pursuant to an agreement with a group health plan carrier, as defined in RSA 420-G:2, or any health insurer as defined in 607(1) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1167(1), federal and or state funded assistance, or any other legally liable third party or persons chargeable for support.
IV. The office of reimbursements shall, upon request, furnish to each estate from which, or to each person chargeable from whom, a recovery of expenses is sought pursuant to RSA 126-A:42, a record of the accumulated charges against said estate or said person.