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News Release

For Immediate Release
May 11, 2012

Walter A. Pazdon, Jr., Attorney
(603) 271-1246

Fiduciaries Pay State $78,000 to Settle Their Handling of Mother's Assets Under Medicaid Program Recovery

Attorney General Michael A. Delaney announces that Cynthia Cook of Bonita Springs, Florida and Marcia Levitan of Northfield, New Hampshire have reached a civil settlement with the State following an investigation into the distribution of proceeds from the sale of real estate that they jointly owned with their mother. Cook and Levitan served as their mother's durable power of attorneys for finances and the property was sold in January of 2010. At the time of the sale the mother was receiving long term care assistance from the New Hampshire Medicaid Program. RSA 167:17 provides that any person who receives assistance must report to the program the receipt of property, wages, income or resources within ten calendar days after receiving such property, wages, income or resources. No timely report was made that the jointly held property was sold. As a consequence, the State continued to provide assistance to the mother until she passed away in May of 2011.

The Estate Recovery Unit at the Department of Health and Human Resources became aware of the sale and notified the department of justice to investigate. Cook and Levitan made no admissions of wrongdoing and disputed that any unlawful conduct occurred. Under the terms of the settlement, they surrendered $78,000 in proceeds from the real estate sale.

New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658