HHS Commissioner John Stephen and Lisabritt Solsky, of the HHS Office of Program Support, met with members of the Elder Law section to discuss Medicaid requirements and their impact on estate-planning practices. At right is Elder Law Section Chair Tina Annis.

NH Health and Human Services Commissioner John Stephen and Lisabritt Solsky, an attorney in the Office of Program Support at HHS, met with members of the NHBA Elder Law Section on Nov. 8 at the Franklin Pierce Law Center.

The centerpiece of the discussion was the Medicaid waiver sought by the state of NH that will toughen penalties and lengthen restrictions on asset transfers made by individuals obtaining long-term care benefits under Medicaid.

Solsky handled the bulk of the questions from the audience, providing insights into how the department might go about writing regulations if the federal government approves the waiver.

One area highlighted by the attorneys in the audience were requirements for long-term care insurance that, if the policy meets the requirements, would exempt recipients, from transfer and estate recovery liability. Several attorneys said the policy requirements did not match up with the available products in the marketplace.

Commissioner Stephen urged the Elder Law section to appoint a subcommittee to work with HHS on regulations and policies to be implemented if the waiver is approved. There is no set timetable for when a waiver might be approved in Washington, but the requirements, particularly the longer look-back period for asset transfers, would be retroactive, thus impacting current estate planning.

The program, which did not qualify for NHMCLE credit, was videotaped and will be available in the Online CLE area at www.nhbar.org at no charge.

Also, the text of the Medicaid waiver application is available by clicking on GraniteCare at www.dhhs.nh.gov.

Written comments to the federal authorities regarding the state’s waiver application should be sent to: Richard McGreal, Center for Medicaid and Medicare Services, JFK Building, 19th Floor, Boston, MA 02203.