309.01 Fiduciary Responsibilities for Support (MAM)

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RSA 151-E:19,III states that a fiduciary managing the finances of a person living in a long-term care (LTC) facility has the authority and duty to file an application for Medicaid on behalf of a resident. The fiduciary must promptly and fully complete the application in a timely manner. If the fiduciary does not complete the Medicaid application in a timely manner, he or she shall be liable to the LTC facility for all costs of care, which are not covered by Medicaid due to the fiduciary’s negligence in completing a Medicaid application. This means the fiduciary must reimburse the LTC facility at the LTC facility’s Medicaid rate for services provided during the period of noncoverage.

“Fiduciary” as defined in RSA 151-E:19,I, means a person to whom power or property has been formally entrusted for the benefit of another, such as an attorney-in-fact, legal guardian, trustee, or representative payee.

References: He-W 601.05(m), He-W 622.01, RSA 151-E:19, RSA 161-B:1, RSA 161-B:2,XI, RSA 167:2; RSA 167:3; RSA 167:3-a; RSA 167:3-b; 42 CFR 435.602