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Q&A: Medicaid Rules

 

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Q:

Will Momís Utility and Tax Payments on a House She Transferred Count as Gifts?

My mother turned her home and the farm over to me and my two brothers more than seven years ago, but she continued to pay the utilities and taxes on the property. She is now in a nursing home and will be applying for Medicaid within the year. Will the money she spent during the look-back period on taxes and home utilities have to be paid back or count as penalties for Medicaid?

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tags: Medicaid Rules
Q:

Do VA Aid and Attendance Benefits Count as Income for Medicaid Eligibility Purposes?

Are U.S. Department of Veterans Affairs (VA) Aid and Attendance pension benefits excludable as countable income for Medicaid eligibility purposes? How about Social Security?

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tags: Medicaid Rules
Q:

Can Property in an Irrevocable Trust Be Sold or Gifted Without Restarting the Medicaid Look-Back Period?

My parents have an irrevocable trust that contains land, money, and real property. It was set up as part of Medicaid planning. If the trustees sell a part of the land, would it reset the five-year look-back period? Also, does this land have to sell at "market" value or can it sell to family at a discounted price? Finally, could this land simply be gifted without resetting the five-year look-back period?

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tags: Medicaid Rules
Q:

Are the Proceeds from a Medicaid Recipient's Life Insurance Policy Subject to Estate Recovery?

My mom has an individual whole life insurance policy. Her current policy has a death benefit of $30,000 and no cash value. Medicaid has been paying for her care. When she passes away, will the state be able to take the proceeds from the life insurance that would be paid out to her beneficiaries?

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tags: Medicaid Rules
Q:

Who Gets Paid First When a Medicaid Recipient Dies -- the Mortgage Holder or the State?

In the settlement of Medicaid claims following the death of a nursing home resident, which debt is considered the superior or higher priority debt? After the sale of a home with an outstanding mortgage, the bank holding the mortgage is supposed to be paid before any other creditors or beneficiaries. But if debts due the state to repay a Medicaid lien are top priority, does the bank loose its status as the superior creditor?

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tags: Medicaid Rules
Q:

Can a Medicaid Recipient Keep Rental Properties?

My mother-in-law has recently been diagnosed with Alzheimer's disease. She owns two rental properties that bring in a good income, but not enough to cover the full expense of a nursing home. She can spend down her savings, which should take about a year. After that all she will have left is her two rental properties, which are mortgage-free. Is it possible to pay the nursing home all the income, less what is needed for repairs, and keep the homes in the family? Both homes have been in the family for over 50 years and are in a trust. We live in Oklahoma.

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tags: Medicaid Rules
Q:

Can a Family Supplement a Medicaid Recipient's Care in a Nursing Home?

If person has been approved for Medicaid in a long-term care facility, is the family able to supplement the resident's care by paying the difference between the cost of a private and semi-private room and paying for private caregivers to adjunct the care given at the facility? If the answers to those questions are "yes," is there a monthly or annual cap on how much the family can pay?

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tags: Medicaid Rules
Q:

Does Medicaid Count the Assets and Income of an Applicant's Unmarried Partner?

If a man and a woman live together, but are not married, and the woman applies for Medicaid, would the state count the man's assets or income when determining her eligibility?

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tags: Medicaid Rules

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