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Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 10104
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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My father-in-law has Medicaid and is in a nursing facility

Customer Question

My father-in-law has Medicaid and is in a nursing facility in Silver Spring, MD. His one and only family member, his son and I want to bring him to Richmond, VA where we are permanently living. It is not easy to get to see him and at 92 years old, his age, we want to bring him close to us. We have been told he needs to be a resident of VA before his Medicaid will be effective in VA. We need help as to how we can do this. He needs medical attention 24/7 and we work. How can we get him transferred to a nursing facility in Richmond on Medicaid pending even though he has Medicaid in MD where we all were previously living? We welcome your help as soon as possible. I can be reached at(###) ###-####
Thank you very much.
Irish Kelly
Submitted: 4 months ago.
Category: Finance
Expert:  Lane replied 4 months ago.

Hi Kelly,

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As you're finding out, Medicaid coverage and benefits can't simply be switched from one state to another.

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Even though Medicaid is a federal program, each state is given the flexibility to set their own eligibility requirements. SO, each state evaluates its applicants independently from each other state.

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SO this isn't simple, but it CAN be done.

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And as you're also finding out, he can't be eligible for Medicaid in two states at the same time.

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SO, and this might be where we're getting into something you don't know, in order to apply for Medicaid in a new state, the individual must first close out their Medicaid coverage with the old state.

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You should also know that states are prohibited by federal law from having a length of residency requirement (which means he can be eligible immediately upon moving to their new state).

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Finally, Medicaid coverage can be made retroactive to the date of application.

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SO whast this means is that you need to find a facility that, is affordable enough that you can pay out of pocket several weeks or even a month ot two.

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Medicaid will eventually reimburse you, but you need to know the reimbursement rate for the new state so you can plan AND choose a facility that you can affort to handle until the new medicaid is in place.

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I would seriously consider working with an elder law attorney OR finding someone that will work well with you at DMAS (the agency that administers Medicaid in VA) to be sure that ALL of the paperwork is completed ahead of time.

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And, becasue of that non-concurrent coverage issue, I'd look to move at the end of the month, after notifying MD of the move at the BEGINNING of the month. (in most states, it takes until the end of the month to end Medicaid coverage regardless of the date you notified their Medicaid office that they will be moving. Again, coverage must end in the old state, before the application can be submitted in the new state.

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Then Submit the application in the VA immediately upon making the move to the new state.

Expert:  Lane replied 4 months ago.

I'm sorry that there are no easy answers here. But good planning, timing thigs as I've delineated above, and being willing to pre-fund and then be reimbuirsed, is how this gets done.

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If you can get a contact person at DMAS to be very certain of eligibility, and have the APP and all checklists ready to go before pulling the proverbial trigger, you can cut down on the time you'll need to cover (front the money).

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Please let me know if you have any questions at all.

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Lane

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I hold a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

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