FORECLOSURE FRAUDS
This might not have much to do with Medicaid, but you might be in a situation where you are facing foreclosure. You might have been contacted by people offering you relief from your foreclosure. There is a book out there ($20) that will help you avoid foreclosure rescue scams. Check it out: ForeclosureScams
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PROTECTING YOUR HOUSE AFTER YOU MOVE INTO A NURSING HOME
While
you generally do not have to sell your home in order to qualify for
Medicaid coverage of nursing home care, it is possible the state can
file a claim against your house after you die. If you get help from
Medicaid to pay for the nursing home, the state must attempt to recoup
from your estate whatever benefits it paid for your care. This is
called "estate recovery,” and given the rules for Medicaid eligibility,
the only property of substantial value that a Medicaid recipient is
likely to own at death is his or her home. If possible, you should
consult with an attorney before entering a nursing home, or as soon as
possible afterwards, in order to discuss ways to protect your home.
In
those states that have implemented the Deficit Reduction Act of 2005,
the home is not counted as an asset for Medicaid eligibility purposes
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A MEDICAID STORY THAT STARTS OUT BAD BUT TURNS OUT JUST FINE
Recently, we posted an article about
a Dad who gifted a large sum to his children and within 6 months needed
long term care. Because the money had been spent and could not be
returned I had to explain to the daughter that Dad would not be
eligible for Medicaid for 4 and ½ years. A complete disaster. But
this week let’s take a look at a success story, long before long term
care and Medicaid were needed.
Mary contacted our office
concerning her mom who was living in an assisted living facility. Mom
had transferred her assets to her 3 daughters. They had begun to spend
some of the money on Mom’s care but had also opened and closed
accounts, moving, combining and commingling assets. Over time it would
have been very difficult to follow the paper ...
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FEDERAL NURSING HOME SITE NOW NOTES TROUBLED FACILITIES
The
federal Centers for Medicare & Medicaid Services (CMS) has
announced that its Web site comparing nursing homes will now identify
facilities that are on its list of those that have a history of poor
performance.
From now on, the agency’s Nursing Home Compare site
will point out nursing homes that it calls Special Focus Facilities —
those that have repeated violations of state and federal health and
safety rules and that rank in the worst 5 percent to 10 percent for
inspection results in a given state. CMS released the names of the 131
SFF facilities earlier this year, but this is the first time they will
be included on the Nursing Home Compare site.
The troubled facilities are identified by a small "2″ in superscript next to a facility’s name.
A
Wall Street Journal article on the CMS decision notes that "consumer
groups and nursing home officials ...
>> full
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WHAT ARE THE MEDICAID IMPLICATIONS OF A SECOND MARRIAGE?
For more information about Medicaid and Medicare,click here:
Seniors who get remarried are often
concerned about what will happen to their assets if their new spouse
enters the nursing home in the future. They are concerned that their
hard-earned assets they saved could be lost. They also want to make
sure that when they die their assets will go to their children.
Although the prenuptial agreement will protect the senior’s assets from
claims of his surviving spouse when he dies, the prenuptial agreement
does not protect his assets from his spouse’s nursing home expenses.
Seniors who have entered into second marriages are often surprised to
learn that the prenuptial agreement that specified that their spouse
had no claim to their assets does not prevent Medicaid from counting
the assets of the spouse at home in determining Medicaid eligibility.
Medicaid is the governmental program
that pays nursing home costs when ... >> full
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