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New Hampshire law gives nursing homes right to sue fiduciaries

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In July of this year, New Hampshire passed a law that gives nursing homes greater rights for seeking payments for patients. 

The law, which is the first in the nation, allows nursing homes to sue the recipients of asset transfers when those transfers were done with the intention of getting qualified for Medicaid if the transfer results in the individual becoming disqualified.  The nursing homes can now sue the person who received the transfer for the cost of care, up to the amount transferred.  The nursing home can also sue the individual acting as the patient’s power of attorney, attorney-in-fact, legal guardian, trustee or representative payee if they are negligent in filing a Medicaid application on the patient’s behalf.  The fiduciary can now be held responsible for the period of time the patient was not covered by Medicaid.

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