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Does Estate Recovery recover on assest as a means to repay debt?

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akhanmac

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

Medicaid has paid for my mother's care. Is the cost of her care a debt she has to repay? Was this a no interest loan? What is the nature of the balance spent by medicaid on my mother? What is the legal relationship between my mother and this balance?

Appreciate the answers
thanks
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Virginia
To Clarify

Medicaid has paid for my mother's care. Is the cost of her care a debt she has to repay? Was this a no interest loan? What is the nature of the balance spent by medicaid on my mother? What is the legal relationship between my mother and this balance?

Appreciate the answers
thanks
Medicaid is federally subsidized health insurance basically. If you are talking about nursing home care then any spend down on her assets would have taken place before she qualified for any assistance from Medicaid. If this is regular medical costs then no, she will not be expected to repay it as long as she applied for it disclosing everything that she was supposed to disclose.
 

akhanmac

Junior Member
Medicaid is federally subsidized health insurance basically. If you are talking about nursing home care then any spend down on her assets would have taken place before she qualified for any assistance from Medicaid. If this is regular medical costs then no, she will not be expected to repay it as long as she applied for it disclosing everything that she was supposed to disclose.

First off thank you for the response.

My mother has not gone to a nursing facility, but she has had a home care taker (not a nurse) and she has received medical treatment for her cancer. She did disclose the property as their only asset on the application. So will she owe money?


Thank you
 

LdiJ

Senior Member
First off thank you for the response.

My mother has not gone to a nursing facility, but she has had a home care taker (not a nurse) and she has received medical treatment for her cancer. She did disclose the property as their only asset on the application. So will she owe money?


Thank you
Are we talking about her personal residence being the asset? If not, what asset are we talking about?

No offense but you are kind of making me pull teeth to get enough information to give you adequate answers.
 
Last edited:

akhanmac

Junior Member
Are we talking about her personal residence being the asset? If not, what asset are we talking about?

No offense but you are kind of making me pull teeth to get enough information to give you adequate answers.
Hi
Sorry your a great sport, and obviously I am a novice at this.

Her personal residence is the only asset she and my father have.

If my father were to receive a home caretaker via Medicaid (he's 70) would this effect the state coming after their only asset to cover the bills paid for a home caretaker?

Again thank you for your patience and answers!!!!
 

LdiJ

Senior Member
Hi
Sorry your a great sport, and obviously I am a novice at this.

Her personal residence is the only asset she and my father have.

If my father were to receive a home caretaker via Medicaid (he's 70) would this effect the state coming after their only asset to cover the bills paid for a home caretaker?

Again thank you for your patience and answers!!!!
As long as at least one of them needs the home to live in, Medicaid will not require it to be sold to pay back for their care.
 

akhanmac

Junior Member
As long as at least one of them needs the home to live in, Medicaid will not require it to be sold to pay back for their care.
thanks, so if my mother were to pass before my father then my father will be allowed to stay in the home until he passes at which point the state of Virginia can exercise the right to have us sell the property to repay the medicaid balance incurred as a result of paying for the treatment of my mother.

back to my original question:
is this a debt incurred by my mother with medicaid? OR is medicaid simply keeping a tally of the expenses and will seek to offset those expense with the sale of my parents home after they are deceased?

Does the government both state or federal view the balance incurred by medicaid as a result of paying for my mothers treatment for cancer and in home caretaker as a debt?



Thank you!
 

LdiJ

Senior Member
thanks, so if my mother were to pass before my father then my father will be allowed to stay in the home until he passes at which point the state of Virginia can exercise the right to have us sell the property to repay the medicaid balance incurred as a result of paying for the treatment of my mother.

back to my original question:
is this a debt incurred by my mother with medicaid? OR is medicaid simply keeping a tally of the expenses and will seek to offset those expense with the sale of my parents home after they are deceased?

Does the government both state or federal view the balance incurred by medicaid as a result of paying for my mothers treatment for cancer and in home caretaker as a debt?



Thank you!
Its not really a "debt". What happens is that in order to qualify for Medicaid you normally must spend your own money first, until you have no more, and then Medicaid would kick in. That normally means liquidating your assets to pay for care. However, when it comes to your principal residence, or the principal residence of your spouse then any liquidation of that particular asset is postponed, and sometimes forgiven entirely, depending upon the amount of time involved.
 

akhanmac

Junior Member
Its not really a "debt". What happens is that in order to qualify for Medicaid you normally must spend your own money first, until you have no more, and then Medicaid would kick in. That normally means liquidating your assets to pay for care. However, when it comes to your principal residence, or the principal residence of your spouse then any liquidation of that particular asset is postponed, and sometimes forgiven entirely, depending upon the amount of time involved.
Thank you again for everything!
 

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