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Medicaid Gifting Exceptions

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Colorado1219

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

My father is currently being treated in a care facility and covered under Medicare. However, he is now being encouraged to apply for medicaid to cover the cost of the facility beyond the 20 days that Medicare covers. He is disabled and has very little to no income except for his disability check every month. I anticipate him being eligible for the Medicaid and don't believe anything within the past 5 years will put him into a penalty period, however it depends how in depth they review. He hasn't made any significant gifts in the past 5 years to make him ineligible.

However the goal is to protect some of his assets if possible. My question is in regards to the gifting rule for Medicaid. Currently under PA law he is allowed to own one vehicle. However he has 3 vehicles registered/titled in his name.

My first question is whether they will discover these vehicles when he applies for medicaid if he only reports owning one?
Second question, is there an exception to the Medicaid penalty period if the car title is transferred to his daughter who is under the age of 21?
Third question: Does he get any choice to what car he keeps? All values are below $10,000, however one car is in better shape than the others.

From my understanding, gifting is very complex for Medicaid purposes. In the case of his house, he could technically transfer it into his daughters name without penalty because she is an exception and under 21 still living there. Do the same rules apply for his vehicle asset? Technically the car is titled in his name, but the car is used for her everyday use to job, school, etc. The car was bought for her under his name and the title has remained in his name.

Thanks for any help on Medicaid laws in PA. I could really use some advice quickly since we are anticipating this process very soon!
 


tranquility

Senior Member
My first question is whether they will discover these vehicles when he applies for medicaid if he only reports owning one?
So, the core of your question is if he is going to get caught if he tries to commit Medicaid fraud? First, I advise against doing that. Next, if he does try to lie on his application, I suggest it not be about anything where there is a computer record attached to the asset. Even moreso if the computer record is with the government.

Because of the first question I will stop here but to say that Medicaid planning really has to be done long before it is needed to be worthwhile.
 

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