re: look back dateIs that 5 yrs from date of death or from date that Medicaid services were rec'd? I've talked to siblings and consensus is that if in fact mom rec'd Medicaid, it was home care in 2004 or 2005
State/Country relating to question: Ohio
Hello and thank you for the question. I am sorry to read of this dilemma. The look back runs from the medicaid services and not from date of death.
Thank you...consensus is also that mom never qualified for Medicaid because of her husband's income and insurance. If he did in fact apply for Medicaid, he had to have lied about assets. Why doesn't Medicaid attach his current assets rather than the property?
That is a good question. They are often not most up to date on collection efforts. It is always a possibility though.
Licensed attorney helping individuals and businesses
How do I obtain the Medicaid records that the state is relying on to justify their lien?
A subpoena may issue as part of legal proceedings if not turned over to the affected party or administrator/poa.
Is there no way that I can obtain these records prior to any legal proceedings?
You may request them or have a lawyer do so in the first instance.
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