CHAPTER 126-A DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Reimbursements
Section 126-A:37
126-A:37 Estates Chargeable for Support. –
Except as limited in RSA 126-A:39, expenses incurred by anyone in the institutions named in RSA 126-A:34, or, at the direction of the commissioner in any public or private institution, or elsewhere, may be recovered in any action in the name of the state from the estate of the person, or the person's spouse, or mother or father, whose estate is more than sufficient to pay priorities in RSA 554:19. The spouse and the father and mother are declared jointly and severally liable for expenses, unless otherwise ordered by the court, except that recovery of expenses against a mother or father shall be limited:
I. To the expenses incurred before their child reached the age of majority.
II. As provided for in RSA 126-A:42.
III. To the share the patient or resident is entitled to if the father or mother died intestate.
IV. To the greater of the share the patient or resident is entitled to under the will or the share the patient or resident would have been entitled to if the father or mother had died intestate.