§ 458:19-c — Medical Assistance Recipient; Notice of Petition for Spousal Support

I. If the petitioner or respondent is a recipient of medical assistance under the state Medicaid program, the petitioner shall serve the department of health and human services with a copy of any petition for spousal support filed under this chapter.
II. The department of health and human services shall have the opportunity to address the court in any proceeding under this section if the court, or the department, upon motion to the court, has concerns relative to:
(a) The impact on the recipient of any period of Medicaid ineligibility that would result from the allocation of income or assets;
(b) Whether the ward has been the victim of a crime or has been or is at risk of being abused, neglected, or exploited within the meaning of RSA 161-F:43; or
(c) The cost of the recipient's care to be paid by Medicaid as the result of the proposed allocation of income or assets.
III. No petition of spousal support shall be enforceable against the department as it relates to eligibility for medical assistance unless the petitioner provides a copy of the petition to the department at least 14 days prior to filing with the court.

Legislative History

2018, 310:4, eff. Jan. 1, 2019. 2022, 272:23, eff. Aug. 23, 2022; 272:24, eff. June 24, 2022.