Healthcare for Workers with Disability Medicaid SSi Related Medical Programs
Two populations of middle-class Americans benefit from Medicaid: the elderly and children with disabilities.
It’s important to recognize that not all state laws comport with federal laws and when they do not, it takes a lawyer to get the state back on the right track. A case in point, in 2011, Minnesota passed a law reducing the pay of relative personal care attendants (PCA) to 80 percent of non-relative … Read more
There are two kinds of liens. TEFRA (Tax Equity and Fiscal Responsibility Act) liens or pre-death liens occur when the recipient is permanently institutionalized. Post-death liens are placed against the estate of a deceased Medicaid recipient.
TEFRA liens give the states the option to use a lien to prevent the recipient from giving away assets before they can be assigned to offset long-term care costs accrued on their behalf. Under TEFRA, Medicaid’s interest is given precedence over the interests of adult children or others who claim an interest in the home. While TEFRA liens are placed before death of the recipient, recovery does not generally begin until the recipient dies unless the property is sold during the recipient’s lifetime. States must dissolve the lien if the recipient is able to return home. If the property is sold voluntarily, Medicaid’s claim must be settled first over mortgage lien holders or others who may have claim. Medicaid can only claim the lesser of either the amount actually spent on the individual’s behalf or the individual’s equity interest based on the home’s fair market value.
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 … Read more
Is property conveyed by a single person to a safe harbor trust subject to the five year transfer penalty for purposes of qualifying for Medicaid coverage? If so, what are the advantages of a safe harbor trust as compared to simply gifting the estate property? For a single person the act of transferring property is … Read more
Medicaid is a federal program that provides payment for medical care for persons who are unable to pay for medical care. It covers physicians’ services, hospital care, medications, supplies, and other necessary services. It also pays for the expenses of long-term care in a nursing home or an adult care home. The Medicaid program is … Read more
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