INNOVATION
DESCRIPTION
Program Name : New Hampshire Legal Assistance
Address : 1361 Elm Street, Suite 307
Manchester, NH 03101
Phone : (603) 668-2900 Ext. 5006 (Direct)
(603) 625-1840 FAX
E-mail : NHLA@auth.net
Director : John E Tobin, Jr.
Contact Person : Ann N. Butenhof
Subject Area : Medicaid recovery
Title : DeFosses v. Shumway: Class action Lawsuit against State of NH - Favorable Settlement for Class
A. Problem: Describe the nature of the problem
NH had a policy and practice of filing liens against homes of surviving spouses of Medicaid recipients, and other owners of real property, after death of Medicaid recipient; of demanding payment as precondition of releasing lien; and of seeking full recovery from estate surviving spouse.
B. Innovation: What effort entailed, cost, time, etc.
Class action law suit against State of NH. Very time intensive; not very costly otherwise. Extensive use of pro bono private bar contribution with respect to research projects and litigation support.
C. Result: What changes have occurred?
This case settled extremely favorably.