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RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36926
Experience:  30 years as Texas lawyer representing consumers
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My sister had no health insurance and ended up in hospital

Customer Question

my sister had no health insurance and ended up in hospital with serious disease and is till in there after 3 weeks. she has an ira with credit union which is tied up cuz she bought house for family member... the state is pay for her medical so far, she was to ill to tell them bout the amount she of money she had.... so maybe covered at this point with ohp and medicare.... can they take her ira from her for payment.....
JA: What state is this in? And when did the issue begin?
Customer: oregon
JA: Have you contacted the manufacturer?
Customer: what? a manufacturer has nothing to do with this situation
JA: Anything else you want the lawyer to know before I connect you?
Customer: what will this cost me
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Consumer Protection Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: what will the rest be.... no surprises please....
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 2 months ago.

No they cannot take her IRA and it is exempted here from medicaid resource limits.Until she actually withdraws the money and then it is income.She would not want to touch it here until after she is out of hospital keeping her income low for the time being. I am so sorry she is hospitalized I wish her the best.The medicaid folks cannot touch her IRA here in Oregon.

Expert:  RayAnswers replied 2 months ago.

I have to supplement here.Oregon has modified their eligibility, they can make her spend down the IRA here

Reference

n individual who receives Medicaid can have assets of no more

than $2,000. OAR(###) ###-####8). Certain assets, including the per-

sonís home, household goods, one car or truck, and a funeral or burial

plan (within set limits) are generally exempt and are not counted in

determining eligibility. Most assetsóincluding bank accounts, stocks,

bonds, IRAs, other vehicles, and real propertyóare counted and must

be depleted before the person will qualify for Medicaid assistance. The

rules for specific assets are in OAR chapter 461, section 145.

https://www.osbar.org/_docs/sections/elder/newsletters/elder_win05.pdf

Thanks for letting me clarify and assist.Please let me know if you have more follow up.

Expert:  RayAnswers replied 2 months ago.

Second reference

https://www.caring.com/questions/medicaid-counts-an-ira-as-an-asset

They would make her spend it down for medicaid.You may want to get with her and try to contact the institution about cashing it out here so she can get medicaid sooner.

Expert:  RayAnswers replied 2 months ago.

If you can positive rate 5 stars it is always much appreciated.Let me know if you have more here it is not a problem.

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