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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111543
Experience:  Attorney experienced in commercial litigation.
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I am assessing the gritty terms of Obamacare to see if I

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I am assessing the gritty terms of Obamacare to see if I understand it well enough for it to work in my situation, or why I should avoid it. Have been advised not to sign Medicaid enrollment, yet I need another opinion to see if I have a workable grasp
on pitfalls of this plan. Need to know if I am accurate in my understanding for conditions of liens placed upon my house when catastrophic conditions suddenly appear in my otherwise healthy prognosis at this time. My concern is that hospitals are so over crowded,
lots of patients are placed into “nursing home – rehab convalescent centers” before the bandages come off after an uncomplicated routine surgery, and one or two days after surgery, this could give the insurance company a chance to balk at coverage during the
healing process, and Medicaid to come in at the nursing home level, and loot the estate with generous lookback capabilities before paying one cent of beneficial coverage, while the stitches are healing in the nursing home bed. Without Medicaid, the hospital
and medical staff would not be compelled to sign the healing patient into the nursing home/rehab environment, rather, send them home with fully insured “in home care.” My assumption is, the government can offer no coverage until the look-back at cash, and
house equity are exhausted, before covering the patient. My concern is this 100% risking my estate, security and well-being in order to pay down government debt while I am ill, with no insured or beneficial coverage other than the major medical which might
be rescinded in such a scenario. It creates an environment that obfuscates coverage and allows for looting. So, in effect, if I fall ill, the ceiling falls in around my ears before I get convalescent or nursing home/rehab beneficial coverage. On the other
hand, without Medicaid and in non-Obamacare coverage, I would have the option for my medical power of attorney, to make decisions about hiring per diem nurses for home care that would be covered by most major medical insurance to some extent, without lapse
in the yearly contract coverage, and nothing deferred to Medicaid, and the disastrous drain it could create. In effect, Obamacare is permission to have very spotty interruptive coverage via deflection to the nursing home environment which might enhance the
hospitals decision to place me there over home care. It sounds like a ploy to invoke cash spending of the patient in order to pay down national debt. Due to lookback laws, home equity/assets can be legally plundered before any Medicaid coverage is meted out.
By avoiding Obamacare, I am avoiding this bureaucratic proviso to loot my estate from Medicaid look back laws. I have been told several times: “Avoid Obamacare, it is no good.” Is my assumption correct in how Obamacare is really more expensive than private
coverage if I am hospitalized? The lower premium means nothing when they can claim control of my assets and force out of pocket payment for what should be covered by major medical insurance. I am leaving “long term care insurance” on the sidelines simply because
I don’t see myself with failing health and the dilapidation of old age setting in this year. Pro Obamacare: If I have nothing more than a few routine medical checkup office visits and a teeth cleaning from an in network dentist, then Obamacare is a cost saving
where there are no surprises. Con: Obamacare is gambling with semantics of when “nursing home” entry is prescribed in an arbitrary and capricious medical environment that can easily see the need to put a patient into a nursing home for the slightest reason,
creating huge expenses for the powerless patient.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First, based on congress voting almost unanimously to defund Obamacare in the last few days, the days for this may be significantly numbered. However, in the event that it is not, if you need long term rehabilitation, not having medicaid will not stop these hospitals from insisting you be discharged to a rehab facility and you can be liable for payment for that care.
Medicaid look back periods are 5 years from when you applied for care. You can seek to avoid that and protect your estate assets if right now you do not need medicaid and you believe that you will not need the extended coverage within 5 years and if that is the case then putting all of your assets into an irrevocable estate, the ultimate asset protection tool. Anything you put into the trust would be protected from medicaid recovery.
Obamacare is worse than anything we ever had, even though some premiums may be lower, deductibles are so high one would do better not having any insurance. Medicaid will remain available even when Obamacare is long gone.

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