Why it’s Not “Good Enough” to let the Nursing Home fill out the Application for Free
State Medicaid programs must recover certain Medicaid benefits paid on behalf of a Medicaid enrollee. For individuals aged 55 or older, states are required to seek recovery of payments from the individual’s estate for nursing facility services, home and community-based services, and related hospital and prescription drug services. States have the option to recover payments for all other Medicaid services provided to these individuals, except Medicare cost-sharing paid on behalf of Medicare Savings Program beneficiaries.
Under certain conditions, money remaining in a trust after a Medicaid enrollee has passed away may be used to reimburse Medicaid. States may not recover from the estate of a deceased Medicaid enrollee who is survived by a spouse, child under age 21, or blind or disabled child of any age. States are also required to establish procedures for waiving estate recovery when recovery would cause an undue hardship.
States may impose liens for Medicaid benefits incorrectly paid pursuant to a court judgment. States may also impose liens on real property during the lifetime of a Medicaid enrollee who is permanently institutionalized, except when one of the following individuals resides in the home: the spouse, child under age 21, blind or disabled child of any age, or sibling who has an equity interest in the home. The states must remove the lien when the Medicaid enrollee is discharged from the facility and returns home.” https://www.medicaid.gov/medicaid/eligibility/estate-recovery/index.html.
Helping people to figure out how to plan appropriately to avoid MERP is the practice of law. Nursing homes cannot provide this advice. Don’t get caught in a trap trying to save a few dollars by letting the “helpful” people from the bookkeeping office get someone signed up for Medicaid Benefits. See an Elder Law Attorney instead.
This article is written by an attorney at Attorney Donald Wyatt PC. Always consult an attorney before making any legal decisions. To make an appointment today, please click here to contact us.