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 ...
Even though a personal residence does not count as an asset for determining your eligibility for Medicaid, the Department of Social Services can still place a lien on it after your death, so that the house would have to be sold to satisfy the lien instead of going to your heirs as an in...
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 ...
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 ...
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...
Reimbursing Medicaid funds is simple; you just calculate the total amounts paid on your behalf by the program and pay it back. Nevertheless, recovery of the lien cannot exceed a third of the total payout, minus the legal fees. If you had Medicaid and Medicare paying your bills, both progr...
"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...
lienagainstthehometoobtainreimbursementforpaymentsmadeundertheMedicaid program.Formerly,thevalueofthehomewasunlimited,butthereisnowalimit.Thenewlawfurther restrictstheuseofannuities,introducesthe“income-first”rule,andplacesrestrictionsontheuseof self-cancellinginstallmentnotesandotherloantypetransactions.Whileallofth...
HHS Proposal Eliminates Federal Medicare SHIP Funds By Mary Helen GillespieApr 22, 2025 3:00 PM EDT “What Should I Do Now?”: Financial Planning for Widows By Rick Fingerman, CFPApr 22, 2025 12:00 PM EDT Planning for & Living in Retirement ...
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 ...