Elder Law Answers
Can the State Take My Social Security to Repay Medicaid's Coverage of My Husband's Care?
My husband, who was in a nursing home, died a few weeks ago. All his medical bills were paid for by Medicaid....
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
Meet Jean Ball
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Jean Ball
Hale Ball Carlson Baumgartner Murphy PLC
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
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Meet Evan Farr
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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...
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Meet Judith Mitnick
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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