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Matthews, NC 28105
Phone: 704-841-0661

Medicaid

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MEDICAID AND MEDICAID PLANNING

Are you concerned about paying for nursing home care? Is Long Term Care insurance too expensive or are you uninsurable? You may qualify for Medicaid.

While many people have heard horror stories about losing all their assets in order to qualify for Medicaid, with the proper planning, it is possible to become Medicaid eligible and still maintain your valued possessions.

Medicaid benefits and eligibility vary according to a person’s circumstances. With regard to long term care, Medicaid will pay for medically necessary nursing home care for patients in skilled or intermediate care nursing homes when certain requirements have been met.

Generally, a patient must have income less than the cost of care in the facility at the Medicaid rate, and there is a limit on resources the patient may have.

The attorneys at Garrity & Gossage, LLP are fully educated and up to date on current Medicaid issues. We welcome the opportunity to talk with you to discuss how we may assist you. Please feel free to call us at (704) 841-0661 for more information.

ASSETS/RESOURCES IN GENERAL

Basically, a person is permitted to own some assets and still be eligible for Medicaid. The trick comes in knowing what is "countable" and what is "non-countable" under Medicaid rules. There are many types of "non-countable" property.

Medicaid law also prohibits certain transfers of assets by a Medicaid applicant or recipient during the three-year period (five years in some cases) from the date of application. For transfers made during that time, sanctions may apply. However, this “lookback” period is not always three years; certain transfers are not penalized under the Medicaid rules. Accordingly, it is important to consult with an elder law attorney familiar with Medicaid.

MARITAL ASSETS

Some people believe that as long as assets are maintained by a healthy spouse who does not require skilled nursing care and the benefits of Medicaid, the assets are protected. While it is true that the healthy spouse may maintain certain assets in his/her name, assets are counted, regardless of which spouse's name they are in. Furthermore, these assets could still be at risk if the healthy spouse needs Medicaid benefits at a later date. In addition, Medicaid can also file a claim against the estate of the Medicaid recipient to recover Medicaid benefits paid out.

Medicaid is a complicated area of law. How it applies to your friends or family may not be how it applies to you. If you think you might qualify for Medicaid or if you think you might need to in the future, you should consult with an elder law attorney familiar with Medicaid and have them assess your specific circumstances.