In re Lowy (NH Department and Health & Human Services), 156 N.H. 57, 931 A.2d 552 (2007)

Aug 23, 2007

OUTCOME: The Supreme Court ruled in our favor on both grounds. The Court further held that financial information about the trust could be demanded to determine income eligibility based upon how the trust assets were used.

The NH Department of Health & Human Services denied Medicaid eligibility based upon the Medicaid payback language used in a self-settled special needs trust. After the decision was upheld on an admini ... strative appeal, this case sought a ruling from the NH Supreme Court. On appeal, we argued that a clause which required Medicaid payback “to the extent required by law” complied with the Medicaid statutory requirement and, therefore, that assets held in the self-settled special needs trust were not countable towards the Medicaid resource limit. We also argued that the State did not have a right to look at financial information about the trust to determine whether or not the assets were non-countable, as that is determined by the language in the trust document itself.