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.