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Bar News - September 9, 2005 Govenor Lynch Discusses Medicaid Plan, AG Selection, and Ethics By: Dan Wise
“It can be a challenge working with some commissioners who have longer terms than I do, and may have different agendas from mine,” said Lynch. “Part of my job is motivating the commissioners to do the very best job for New Hampshire.” Lynch, in particular, has clashed with NH Health and Human Services Commissioner John Stephen, an attorney appointed by Lynch’s predecessor, Gov. Craig Benson. Stephen has proposed sweeping changes in eligibility requirements for Medicaid. A legislative committee and the governor are reviewing those proposed changes. “I support Medicaid reform that is appropriate for New Hampshire,” Lynch said in the interview. “I support reform that makes sense for the people of New Hampshire.” In a letter to Stephen released last week in advance of a legislative hearing (and after the Bar News interview) on the Granite Care plan, Lynch was more blunt: “The proposed changes…will likely create situations in which impoverished seniors are denied the care they need and local communities will be forced to pick up the cost for care.” Some elder care attorneys and the Disabilities Rights Center have expressed concerns about provisions of the plan that would extend the “look-back” period for those who transfer assets in order to qualify for Medicaid. Currently, the look-back period is three years, or five years if the transfer involves a trust, before an application for Medicaid long-term care coverage can be considered. The legislature has approved increasing the look-back period to five years for all asset transfers, and changing the date on which a penalty period begins. Critics say that Stephen’s changes will make it harder for needy individuals to obtain state aid, while supporters of the Granite Care plan say the changes are needed to rein in the costs of a rapidly growing area of the state budget. Stephen has revised the plan to remove portions that went beyond the Medicaid program changes called for in SB 2 that passed the legislature in the last session. However, even with those changes, Lynch said he would oppose submitting the plan to the federal government. In the past, Stephen has indicated that he has the authority to submit his reform plan to the federal government to obtain a waiver from the standard program rules without Lynch’s O.K., but recently he has not said whether he will do so. (The federal government pays half of the state’s Medicaid expenditures.) However, Gov. Lynch said he would oppose any such attempt. “Once we have a plan in place, then we will go to Washington for a waiver. We will decide, here in NH, what is appropriate, not go to Washington and negotiate with them for what is appropriate,” Lynch said. Attorney General Is Independent Lynch said he soon expects to nominate an Attorney General to serve a four-year term. Kelly Ayotte, appointed by Gov. Benson, is serving in the position in holdover status, and is among the candidates being interviewed for the post. Lynch opposed Ayotte’s decision last spring to appeal the state’s parental-notification law, struck down by the First Circuit Court of Appeals, to the US Supreme Court, which has accepted the case. At the time of the appeal, Lynch said he opposed the use of government funds to continue a legal fight in support of a law which he opposes. But in the Bar News interview, Lynch avoided further criticism of Ayotte’s approach. “Historically [the Attorney General’s Office] appeals to the fullest extent possible to defend a NH law,” Lynch said. “The Attorney General operates independently. It was not an inappropriate move.” As for the qualifications of the person he plans to appoint, Lynch said only: “I want the Attorney General’s office to become the very best law firm in the state of NH. I want someone who can work with me to make to that happen.” Lynch remarked that there has been an extraordinary level of “cooperation and collaboration” between the branches of government on a variety of justice system issues, and he praised the Supreme Court for its “innovative” approach to improvements such as the creation of a mediation process for small-claims cases, the restructuring now underway to create a statewide Family Division, and the creation of a Citizens Commission to look at needed changes in the judicial branch to better serve the public. Lynch won praise from the legal community for reestablishing a Judicial Selection Commission to screen candidates for judicial positions. The commission is co-chaired by attorneys Philip Waystack, of Colebrook, and Jill Blackmer, of Concord. Governor with a Law Degree Lynch, a member of the Bar on inactive status, is a graduate of Georgetown Law School, which he attended after receiving an MBA from the Harvard School of Business. Lynch said he interviewed at several NH law firms before deciding that he would rather continue in business than become a practicing attorney. “Having a law degree really helped me in business,” Lynch said. “I was active in the area of mergers and acquisitions and turnarounds – and that’s a field that involves all disciplines of business and law.” Serving as governor has also called upon his legal training. “As governor, I have to make decisions in areas where there are many interactions of business and law. Again, law is an integral part of everything we do here in this office. I have great respect for lawyers in public life.” Lynch also mentioned the invaluable support of Katherine Hanna, his legal counsel and policy director, in providing him advice on many issues. Lynch’s staff also includes two other NH Bar members: Richard Sigel, who returns to the job of Chief of Staff that he held under Gov. Jeanne Shaheen, and Alice Chamberlin, of Warner, an advisor on environmental issues. A Stronger Ethics Code Lynch said in the coming year he will continue to work on creating a stronger ethics code and process for the executive branch. “Public service is an honor and a privilege. We expect the highest standards of ethics and integrity from our public officials. “We need a clearer and less ambiguous code [for the executive branch]. There is some ambiguity now and there is not a strong process. The legislature has a process and the judicial branch has a process.” Under current law, cases of ethical lapses by executive branch officials or employees would be referred to the Attorney General’s Office for review, but standards aren’t clear, Lynch said.
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Governor John Lynch, in an interview with the Bar News after eight months in office, acknowledges that serving as New Hampshire governor is a challenge. Instead of appointing those who head major departments, he inherits most of his cabinet and the officials serve for terms that will outlast his.|
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