Legislation

N.H. Stat. § 151-I:2, effective in 2017, permits a caring facility to petition the court for the appointment of a Special Medicaid Representative where the patient has not paid the costs of care and the facility believes the patient would be eligible for Medicaid. Subsection (e) provides that in a hearing to determine whether to appoint such a representative:

Unless the person is represented by private counsel or makes a knowing, voluntary, and intelligent waiver, the court shall appoint counsel, the fees and costs for which shall be paid from the estate of the person or, upon a finding that the person is indigent, from the care facility; provided, however, that such fees and costs are reasonable and approved by the court and further provided that in no event shall the fees and costs of such counsel exceed $900 in the aggregate. The said fees and costs may also be paid by the care facility by agreement.