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New Hampshire Subrogation Laws
Sections
State Subrogation
Made Whole Doctrine
Common Fund
Collateral Source Rules
Hospital Lien Act
Medicaid Statute
State Subrogation
YES, contractual only
Where a contract is one of personal insurance, such as for medical expenses, equitable subrogation is not applicable; there must be a contractual or statutory right for the insured to be entitled to subrogation (Wolters v. Am. Republic Ins. Co., 827 A.2d 197 (N.H. 2003)).
Made Whole Doctrine
YES, but there is case law that indicates that in settlement situations, the amount the insurer is entitled to may be proportionately reduced to a pro rata share. (Dimick v. Lewis, 497 A.2d 1221 (N.H. 1985)). The court in Dimick also stated health insurers may not subrogate where the Plan beneficiary is not made whole from the third-party recovery.
Common Fund
YES, must pay pro rata share of legal expenses (Lutkus v. Lutkus, 692 A.2d 958 (N.H. 1997)).
Collateral Source Rules
Traditional rules apply, evidence of payments is not admissible
Hospital Lien Act
- N.H. Rev. Stat. Ann. §448-A:1 : hospitals will have a lien to the amount of the reasonable and necessary charges of the hospital for the treatment of the injured person
- N.H. Rev. Stat. Ann. §448-A:2 : no lien shall be effective without written notice filed with the city clerk not later than 10 days after the patient has been discharged, and written notice must be mailed to the interested parties
- No statute or case law on balance billing
Medicaid Statute
- N.H. Rev. Stat. Ann. §167:14-a(III-a): the commissioner of health and human services may recover the full amount of medical assistance furnished by the state from any portion of any settlement/judgment reasonably attributable to medical expenses. The commissioner may waive or reduce the amount due to the state for good cause upon written request from a recipient or recipient’s attorney
- N.H. Rev. Stat. Ann. §167:14-a(IV): the recipient must provide at least 30 days written notice to the state before any scheduled trial, meeting, settlement, etc., and then the commissioner must provide notice of the amount of the lien within 21 days
- Nothing further about reductions or attorney’s fees