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Rakhi Vasavada
Rakhi Vasavada, Financial and Legal Consultant
Category: Finance
Satisfied Customers: 2574
Experience:  Graduated in law with Emphasis on Finance and have have been working in financial sector for over 12 Years
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My mother is in a term care home. We will probably end up

Customer Question

My mother is in a long term care home. We will probably end up using medicaid. I have been taking care of her for ten years in her home. I live in Kansas and in 2014 the VA declared me 100% disable due to service connected disabilities. If they put a lien on her house can they make me pay the lien if I want to stay. Jim
Submitted: 9 months ago.
Category: Finance
Expert:  Lev replied 9 months ago.

When Medicaid recipient dies, the federal law obligates states to recoup from the estate whatever the cost of benefits paid for the recipient's care.

This is called "estate recovery."

The issue is that for most - heir house is the only asset available....

However - the home is an excluded resource in determining Medicaid eligibility and Medicaid policies protect the home for the use of recipients and certain close relatives as long as teh home is not sold.

The Tax Equity and Fiscal Responsibility Act (TEFRA 1982) allows states to place a so-called “TEFRA lien” on the home of a person who permanently goes to the nursing home and no longer resides in the home.

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Please be aware that Estate recovery is prohibited in certain instances when Federal law deems that the needs of certain relatives for assets in the estate take precedence over Medicaid claims.

States are prohibited from making estate recoveries:

  • During the lifetime of the surviving spouse (no matter where he or she lives).
  • From a surviving child who is under age 21, or is blind or permanently disabled (according to the SSI/Medicaid definition of “disability”), no matter where he or she lives.
  • In the case of the former home of the recipient, when a sibling with an equity interest in the home has lived in the home for at least 1 year immediately before the deceased Medicaid recipient was institutionalized and has lawfully resided in the home continuously since the date of the recipient's admission.
  • In the case of the former home of the recipient, when an adult child has lived in the home for at least 2 years immediately before the deceased Medicaid recipient was institutionalized, has lived there continuously since that time, and can establish to the satisfaction of the State that he or she provided care that may have delayed the recipient’s admission to the nursing home or other medical institution.

Please verify if any option may be used in your situation.

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