N.H. AG announces $78K settlement

Bryan Cohen May 15, 2012, 7:35am


CONCORD, N.H. (Legal Newsline) - New Hampshire Attorney General Michael Delaney announced a $78,000 civil settlement on Friday with two fiduciaries resolving allegations of improper handling of their mother's assets from the sale of jointly owned real estate.

Cynthia Cook of Bonita Springs, Fla., and Marcia Levitan of Northfield, served as their mother's durable power of attorneys for finances and the real estate property that was sold in January 2010. At the time of the sale, Cook and Levitan's mother was receiving long-term care assistance from the state's Medicaid program.

New Hampshire law RSA 167:17 provides that a person who receives assistance from Medicaid must report to the program the receipt of income, wages, property or resources within 10 calendar days after receiving such income, wages, property or resources. No report was made about the sale of the jointly held property during the required time frame. The state continued to provide assistance to Cook and Levitan's mother until she passed away in May 2011.

The Department of Health and Human Resources' Estate Recovery Unit became aware of the sale and notified Delaney's office of the matter.

Under the terms of the agreement, Levitan and Cook surrendered $78,000 in proceeds from the property sale and made no admissions of wrongdoing, disputing that any unlawful conduct occurred.

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