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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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