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Forum Newbie
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Last Login: 9/12/2008 9:56:57 PM
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| My mom and dad were in the nursing home and used up all of their assets and went on Medicaid. My mom died in the NH but my dad did well and moved out. That was 7 years ago. Since that time he has accumulated a small amount of money (he had nothing when he left the nursing home).....I have been told by an attorney that Medicaid can't try to recover the costs incurred for either mom or dad after his death because what he accumulated after he left the nursing home has nothing to do with what he had when he went in. He said that because he used up everything they had (home and money)........ once he moved out any assets obtained from that time on can't be used for recovery. ......has anyone else heard of this? I haven't been able to find anything that even remotely eludes to this.
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Last Login: 6/23/2008 1:27:21 PM
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| First and foremost, realize that Medicaid estate recovery policy is not the same in every state. You stated you received some advice from an attorney; however, I question the part of your statement "....what he accumulated after he left the nursing home has nothing to do with what he had when he went in." The basic premise of estate recovery is, what did the recipient have legal interest in at the time of their passing? Often times an individual does have assets even when they enter a nursing home but those assets are exhausted as time goes by and, for recovery, the ONLY consideration is what they may have at death. So, I speculate that you may have misunderstood the attorney, or the attorney may not have correct information. I suggest that you contact your state Medicaid agency, or an elder law attorney who routinely does Medicaid planning in your state, or one of your state or federal legislators, and obtain specific information regarding your particular state's recovery policy. The information is likely in a state administrative regulation. Also, the information and procedural instructions regarding recovery policies and actions as provided to Medicaid caseworkers in your state should be available to the public (here in KY it is available online). Joe Whitehouse, Medicaid Consultant, Louisville, KY.
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Forum Newbie
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Last Login: 9/12/2008 9:56:57 PM
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| Thanks much for your input.......I guess I didn't explain myself very well......my mom & dad DID have assets when they entered the nursing home....both cash & life insurance.......they did not have a home. They used everything to pay for the nursing home and when they ran out of money, they went on Medicaid. My mom died in the NH but my dad improved enough that he was discharged and has lived in his own apartment since then. That was 7 years ago.....he is 94 and still doing great! Once he left the NH he opened a new savings account in both of our names and has been putting money in it every month since then. He wants to leave it to his grandchildren but my concern is that Medicaid will want to take the account as recovery for what they paid. That is what I told the attorney and then he told me that because dad didn't start to accumulate this money until after he left the nursing home that it couldn't be used as recovery. I was just hoping that someone out there may have dealt with this same scenario because it is all very confusing to me!!! Thanks again
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Last Login: 6/23/2008 1:27:21 PM
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| Yes, you did explain yourself sufficiently. And as I work in KY I am not that familiar with how recovery may work in the other 49 states. But I can assure you that in my state, and also to the extent of some of the federal material I have read that all 50 states must abide by, if an individual who passes away is subject to their state's recovery and if the staff who implement recovery actions get involved to see what the individual had interest in at the time of their passing, NO WHERE HAVE I SEEN ANYTHING STATED THAT EXEMPTS ASSETS THE INDIVIDUAL MAY HAVE OBTAINED AFTER THEY RECOVERED ENOUGH TO LEAVE THE NURSING HOME AND GO OFF OF MEDICAID. The ONLY consideration for a state filing a claim against an individual they have determined to be subject to recovery action is whether or not the individual's HAD assets that may make the recovery action worthwhile. I don't want to second guess your attorney, but I still strongly recommend that you find out exactly what the facts are in your particular state. And the facts I refer to are the actual policies and operational procedures including who is subject to and who may be exempt from your state recovery program and what assets may be subject to or exempt from your state's recovery. The information should be available to the public--ask your attorney to secure the state regulation or other legal support your state relies on to support their actions. You should be much more comfortable after you read it for yourself and if you determine there may be assets at risk there is still time to take appropriate actions. After your dad passes away it will be too late to take any preventative actions should they be necessary. Joe Whitehouse, Louisville, Ky.
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Forum Newbie
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Last Login: 9/12/2008 9:56:57 PM
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| Thanks for your help........you certainly sound like you know what you're talking about and I believe what you've said. I'll try to find the Medicaid regs.........but probably won't understand them anyway!!!! Thanks again!!
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Forum Newbie
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Last Login: 11/26/2008 9:32:12 PM
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I suggest that you contact your state Medicaid agency, or an elder law attorney who routinely does Medicaid planning in your state, or one of your state or federal legislators, and obtain specific information regarding your particular state's recovery policy. The information is likely in a state administrative regulation. Also, the information and procedural instructions regarding recovery policies and actions as provided to Medicaid caseworkers in your state should be available to the public (here in KY it is available online).
Wishing best to you!
lovely woman
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