TITLE XII
PUBLIC SAFETY AND WELFARE

Chapter 166
AID TO COUNTY ASSISTED PERSONS

Section 166:1

    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.

Section 166:1-a

    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.

Section 166:2

    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.

Section 166:3, 166:4

    166:3, 166:4 Repealed by 1967, 192:11, eff. Jan. 1, 1968. –

Section 166:5

    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.

Section 166:6

    166:6 Repealed by 1985, 380:51, VI, eff. Jan. 1, 1986. –

Section 166:7

    166:7 Repealed by 1967, 192:11, eff. Jan. 1, 1968. –

Section 166:8

    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.

Section 166:9

    166:9 Repealed by 1967, 192:11, eff. Jan. 1, 1968. –

Section 166:10

    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.

Section 166:11

    166:11 Repealed by 1967, 192:11, eff. Jan. 1, 1968. –

Section 166:12

    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.

Section 166:13

    166:13 Repealed by 1985, 380:51, X, eff. Jan. 1, 1986. –

Section 166:14

    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.

Section 166:15 to 166:18

    166:15 to 166:18 Repealed by 1967, 192:11, eff. Jan. 1, 1968. –

Section 166:19

    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.

Section 166:19-a

    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.

Section 166:19-b

    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.

Section 166:20

    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.

Section 166:21

    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.

Section 166:22

    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.

Section 166:22-a

    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.

Section 166:23

    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.

Section 166:24

    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.