Nursing home residents do not automatically have to sell their homes to qualify for Medicaid. However, that does not necessarily mean the house is completely safe from estate recovery. The state will likely put a lien on the house while the resident is living and then attempt to recover the ...
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In so asserting, she referenced the Medicaid Act’s prohibition against the State imposing a lien on non-medical-related settlement proceeds such as lost wages or pain and suffering. As a result of the Gallardo decision, Florida Plaintiffs who are Medicaid recipients should expect that the ...
What Is a Lien? If Medicaid places a lien on your home, it means that Medicaid has a legal claim to that piece of property. In other words, the state Medicaid agency has the right to use your home as collateral if the estate is unable to pay the costs of the Medicaid recipient’s ...
A New York court has reduced the state Medicaid agency's lien on a settlement. The court has discovered on the U.S. Supreme Court's decision in Arkansas Department of Health and Human Services v. Ahlborn that Medicaid liens can be recovered only from that portion of the settlement ...
home. Liens may also be placed on property when, based on a court's judgment, Medicaid payments have been improperly paid on behalf of the individual. States are prohibited from pursuing liens under certain circumstances. For example, the state cannot place a lien on an individual's home if...
"Your letter to the Medi-Cal office did the trick. They are no longer threatening to put a lien on my house. I cannot thank you enough for helping me protect my home." Your letter to the Medi-Cal office did the trick. They are no longer threatening to put a lien on my house. I...
We help clients understand their legal options and teach them how to minimize the Medicaid transfer penalty, save their home from a Medicaid lien, preserve their hard-earned money for their family, and qualify for Medicaid much sooner than they thought without first having to spend everything ...
In some cases, a Medicaid beneficiary may be required to reimburse the state for Medicaid expenses paid on his or her behalf. To facilitate such reimbursement, the state may place a lien on the Medicaid beneficiary's property. With certain exceptions, federal law generally prohibits states from ...