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Taking
the House:
NH Medicaid Rules Threaten Gay Survivors
Concord,
NH – According to a press release from the New Hampshire Freedom
to Marry Coalition, HB691 (the Granite Care Bill) would revise the Medicaid
program and allow the state to seize property (including a house) held
in "joint tenancy with rights of survivorship, tenancy in common,
life estate, living trust or other arrangement" of a person's estate.
Paragraph 9 of the bill allows
the seizure in order to reimburse the state for Medicaid expenses incurred
by the decedent.
The survivor of a same-sex
couple could be in jeopardy of losing his or her home because of Medicaid
bills. A legally married spouse is exempt from such Medicaid claims.
Unless amended, the provision allows just 45 days after the death of
a loved one before state action.
The bill also contains a provision that makes all transfers of property
for less than full market value, looking back five years, subject to
claim. The "look back" for trusts is 10 years.
HB691 also exempts from the state's
Medicaid reimbursement claims not only legally married spouses but also
those who purchase three years of long-term care insurance.
The bill was due to come to the
floor in its amended form at press time. The NH Freedom to Marry Coalition
was seeking to mobilize members and allies to get the bill changed.
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