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Medicaid Planning · New Hampshire

New Hampshire Medicaid estate recovery

Medicaid estate recovery rules for New Hampshire.

Published: September 4, 2026. Last checked: September 5, 2026.

Recovery scope

Expanded recovery reaches specified revocable-trust, joint-tenancy, and life-estate interests established on or after July 1, 2005, in addition to estate liability.

Source: New Hampshire RSA 167:14-a [state-legislature] — Last change effective May 7, 2010; interests established on or after July 1, 2005 Additional authority: New Hampshire RSA 167:14 [state-legislature] — Last change effective August 29, 2005

Controlling authority

New Hampshire RSA 167:14, 167:14-a, and 167:16-a, with hardship procedure in He-W 895

Source: New Hampshire RSA 167:14 [state-legislature] — Last change effective August 29, 2005 Additional authority: New Hampshire RSA 167:14-a [state-legislature] — Last change effective May 7, 2010; interests established on or after July 1, 2005 Additional authority: New Hampshire RSA 167:16-a [state-legislature] — Effective July 11, 2008 Additional authority: New Hampshire Administrative Rules He-W 895 [state-medicaid-agency] — Source document 11170 effective August 26, 2016; extended under RSA 541-A:14-a Additional authority: New Hampshire rulemaking notice 2026-134 for He-W 895 [state-medicaid-agency] — Generated July 1, 2026; He-W 895 readoption-with-amendment proceeding

Exemptions and deferrals

Recovery is delayed while a surviving spouse, child under 21, or blind or disabled child survives; lien and home protections apply for specified siblings and caregiver children.

Source: New Hampshire RSA 167:14 [state-legislature] — Last change effective August 29, 2005 Additional authority: New Hampshire RSA 167:16-a [state-legislature] — Effective July 11, 2008

Hardship-waiver path

An heir may file a written hardship-waiver request under He-W 895; the rule supplies criteria, timing, notice, and appeal procedures.

Source: New Hampshire Administrative Rules He-W 895 [state-medicaid-agency] — Source document 11170 effective August 26, 2016; extended under RSA 541-A:14-a Additional authority: New Hampshire rulemaking notice 2026-134 for He-W 895 [state-medicaid-agency] — Generated July 1, 2026; He-W 895 readoption-with-amendment proceeding

Lien practice

A lien is limited to incorrect payments or a permanently institutionalized recipient after notice and hearing, subject to protected-relative exceptions; return home requires release.

Source: New Hampshire RSA 167:16-a [state-legislature] — Effective July 11, 2008

Sources

Methodology & sources

Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.

General information, not legal advice.