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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13280
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I have a question about medicaid law. I am currently on

Customer Question

Hi,
I have a question about medicaid law.
I am currently on medicaid and am concerned that maybe I am not legal to be on medicaid. I answered all of the questions I was asked when applying, but my husband has put some ideas and stories to me that have me scared. I don't want to be doing something illegal.
My situation is this: My husband and I are both Americans. We got married in January of this year. My husband quit his job in January and I quit my job in April of this year. We were both making very much more money than could be considered qualifying for medicaid at that time. We quit our jobs to move to India to help take care of his parents. He is on an OCI card (an Ind***** ***** card basically) and I was there on a tourist visa. I tell you this because that makes me not legally a resident in India, but my husband may be able to claim residency there this year (we have to look into that as well.)
My husband is currently still in India. I got pregnant with twins and came back to the states arriving in November. By the time I had arrived, I had already applied to medicaid in the state of Utah and was approved as a "pregnant women." (Utah is the only address I have and where I will be living with my parents to deliver this year.) Because I am here in the states, I am doing a work contract for 8 weeks (spanning December 7, 2015 to January 31st 2016.) I am working in California. I am making what likely equates to 17-20k or so in those 8 weeks. Starting in February, I will again be unemployed and gestating at my parents' house and using the medicaid for the remainder of my pregnancy and deliver- hopefully at the end of April.
My husband will come to the states in April and we will be staying for about 4 months before returning to India. He is not on medicaid.
When I applied for medicaid, I was unemployed. I gave the answers to any question I was asked. I gave my husband's name and social security number. I gave my bank account information. I was approved. Now I have started the 8 week job and that income has me worried that I am doing something illegal with medicaid. I don't know if i should have dropped the medicaid and then reapplied when I was unemployed again in February- but it is a little late for that now.
My husband is worried because we are married and although he isn't listed on medicaid, he has assets he feels are substantial enough that they will "come after him" for money if they realized I was married to someone with hundreds of thousands of dollars in the bank and some minimal (a couple thousand a year) income from interest.
I saw a clause on the Utah medicaid website that says something along the lines of once approved, a pregnant lady stays approved through the pregnancy... but I don't know enough about that to know if that covers me.
Anyhow we are worried that we may be doing something illegal and that they will "come after us" with legal action someday. What can you tell me about our situation and the legality of it?
Thank You
Submitted: 10 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 10 months ago.

You have an ongoing duty to report changes in your financial and other information on your welfare application. Income is typically factor that can make you ineligible and now that you are married, your husband's income even when you don't have any. A failure to report it can result in overpayment of benefits as well as criminal fraud charges, so you will want to report this asap.

I would add that given the income, you should have no problem securing health insurance of better quality than what medicaid provides - in terms of more quality medical providers, more quality services being offered/covered, etc. You may want to consider doing that for the safety of your babies.

Expert:  Stephanie O Joy, Esq replied 10 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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