New Hampshire has a recent nursing home bill that should be considered by anyone receiving a gift from an elderly person because he may later be required to transfer the value of the gift to the nursing home if the gift results in the donor becomes ineligible for Medicaid and the law could make representative of a nursing home patient responsible to the nursing home if they do not promptly and appropriately seek Medicaid assistance for that person. A summary of the law is as follows.
NHRSA 151-E:19, Support for Certain Residents of Nursing Homes and Assisted Living
- Any person who receives a gift from a long-term care resident who applies for Medicaid within five years of the date of the gift could be held liable to the long-term care facility up to the amount of the gift.
- A fiduciary (defined to include an agent under a financial power of attorney, guardian, trustee or representative payee among others) for a long-term care resident may be held liable for payments to the long-term care facility if the fiduciary is found to be negligent in filing or failing to file the Medicaid application.
- A fiduciary or anyone who as legal access to the long-term care resident’s assets or income shall be liable to the long-term care facility if such individual refuses to pay the resident’s patient liability amount.
- A long-term care facility can still pursue other actions against individuals under other laws, such as the fraudulent transfer act.
J. Daniel Marr is a Director and Shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and individuals on a variety of legal issues and advocating on their behalf. Attorney Marr is licensed and practices in both New Hampshire and Massachusetts. Attorney Marr can be reached at [email protected].