Elder Law Answers
Should My Husband Switch From Medicare Advantage to Original Medicare Once He Is Approved for Medicaid?
I need to find out if I should switch my husband, who is in a nursing home, to original Medicare now that Medicaid has app...
Read moreCan Medicaid Demand Repayment If My Husband Recovers From His Illness?
- August 25th, 2015
Q
My husband is currently ill with cancer and is disabled. If he qualifies for Medicaid to help pay his medical bills for four months or so and then recovers enough to eventually go back to work (even part time) after first being treated, will he have to pay back Medicaid for all the money they spent on his care?
A
No. Medicaid has two rights to repayment. First, if the benefit was obtained fraudulently or in error, it can ask for reimbursement. Second, at the death of the beneficiary it can seek repayment from his estate for benefits paid after age 55 or for nursing home care at any age. There are some exceptions to this claim and depending on the state it may only be made against probate property and not against property that does not pass through probate, such as jointly owned accounts or real estate.
For more on Medicaid's right to repayment, click here.
Local Elder Law Attorneys in Ashburn, VA
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
Meet John Laster
(703) *** ****
Learn more
John Laster
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
(703) *** ****
Tell us about your legal issue and we will put you in touch with John Laster.
Meet Jeffrey Hammond
(301) *** ****
Learn more
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
(301) *** ****
Tell us about your legal issue and we will put you in touch with Jeffrey Hammond.
Meet Evan Farr
(703) *** ****
Learn more
Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Evan Farr.
