In re Estate of Ruth C. McCarty

The appellant, Kerry McCarty, as executrix of the Estate of Ruth C. McCarty, appeals an order of the Circuit Court (Cassavechia, J.) denying her motion to dismiss the claim of the New Hampshire Department of Health and Human Services (DHHS) for repayment of medical assistance provided to the decedent through the State’s Medicaid program. She argues that the court erred by concluding that DHHS’s claim was not barred by the statute of limitations. We affirm.

The following facts were found by the trial court or are supported by the record. At the time of her death on October 11,2009, the decedent…