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My mother lived at a nursing home in Corpus Christi, Texas…

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My mother lived at a...

My mother lived at a nursing home in Corpus Christi, Texas for over three years. The nursing home was called TRISUN Westwood Manor, 801 Cantwell, Corpus Christi, Texas, 78408. The nursing home accepted her as an indigent resident since her income was less than $500.00 a month from Social Security.

Mr older brother also lives in Corpus Christi, Texas and had power of attorney over her financial matters. He paid for her utility bills in her broken down home that was valued at approximately $35,000.00. Before she entered the nursing home, they city officials had told my brother her home needed to be condemned. It never was.

My brother received a letter dated 8/18/10 stating that HMS, 5615 High Point Dive, Suite 100, Irving, Texas, 75038 is the Texas Medicaid Estate Recovery Contractor. They are demanding $97,871.52 from the "family of Gertrudes Flores." If this bill is not paid within 180 days, they will impose an interest rate of 9.25%.

My question is how can Medicaid request recovery in this amount when my mother didn't have assets. The house was left to my brother and I. It cannot be sold because of the condition it is under. There was never an estate, nor was there any monies left to us. My brother paid her utilities and I took care of her clothing, personal hygiene items, and haircuts every month. I also contributed to her funeral expenses before she died on 7/18/10. What can I do when I talk to this agency?

Sincerely,
Diana

Submitted: 9 years ago.Category: Estate Law

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8/30/2010

Estate Lawyer: David Kennett, Attorney replied 9 years ago

David Kennett, Attorney

Category: Estate Law

Satisfied Customers: 27,690

Experience: 25 years practicing attorney

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-Could you explain your situation a little more?
Was the house her only asset?

Customer reply replied 9 years ago

The house was definitely her only asset in this world. She didn't have any money, jewelry, or any other valuables.

TRISUN Westwood Manor nursing home was the first facility she was in. On 12/11/08, the nurse's assistant (CNA) left my Mother unattended after she had already received a sleeping pill. The side bars were left down on the bed, and my Mother rolled off the bed. She went into a coma immediately after hitting her head and injured hip on her left side. She was sent to the hospital after I insisted they take her. She never woke up and was in the hospital for five days. She was to be released back to the nursing home until I discovered from her chart that she had a life threatening disorder called MRSA in the navel area where the feeding tube was inserted. She was sent to a small facility under Medicaid approval. From there after two months, she was transferred to Harbor View Nursing Home in a coma until she died 7/18/09. The state investigated and they found the nursing home not to be negligent since it was an accident.

The reason I mentioned the above information is because TRISUN was the first nursing home she lived in that accepted her as an indigent resident. The hospital, Special Select facility and Harbor View nursing home also accepted her as indigent. They all knew she only had her Social Security check.

I do hope this was helpful to you. I will stay on the internet for as long as possible. If you need more time, please let me know. You can answer me whenever you research this matter.

Thank you in advance for your expertise.

Diana

Estate Lawyer: David Kennett, Attorney replied 9 years ago

Dear JACUSTOMER - You and your family are not responsible for your Mom's debts however the house will have to be signed over to the state. All you need to do is explain that her only asset was the house. The bill is probably for the entire amount Medicaid paid over the years and they are making the claim in case she has assets sufficient to cover the debt.

You and your family have no personal liability to the state for the Medicaid payments so you will need to show that she had no assets other than the house which can be deeded to the state.

The only caveat is if your Mom transferred any assets within 5 years of applying for Medicaid. If that happened then the state can seek reimbursement for that money.

Dave Kennett

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