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Can Medicaid take your home to pay for nursing home care?

2 answers | Last updated: May 09, 2014
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Caring.com User - Joseph L.  Matthews
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Joseph L. Matthews is a Caring.com Expert, an attorney, and the author of Long-Term Care: How to Plan & Pay for It and...
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She may be confusing the Medicaid program (covers long-term nursing home care that could last for years) with Medicare (limited to just a few months in a nursing home, at best). Medicare would make no claim on her home, so you only need to be concerned about Medicaid. Sometimes state Medicaid departments will require a person who applies for Medicaid to sign a form acknowledging that they may ultimately lose their home if they accept Medicaid payments. However, the state can never “take” a Medicaid recipient’s home as long as she is living in it.. But a few states have a rule that the home loses its status as an exempt asset for Medicaid purposes if the owner is living in a nursing home and it’s medically certified that she won’t be able to return to live in her family home. In that case, the state could require that the home be sold and the proceeds used to pay the nursing home until the money is gone, and only then would Medicaid begin paying.

Nothing is owed to the state to repay a Medicaid bill until after the Medicaid recipient dies, and even in the worst case, the state would only require repayment from your mother’s estate an amount equal to what the state paid out in Medicaid benefits on behalf of your mother during her lifetime. In other words, if she is in the nursing home on Medicaid for two years, and the Medicaid program has paid the nursing home $70,000 for each of those two years, but the house is worth $270,000, then the state could only require repayment of its $140,000, leaving $130,000 for you and your three siblings.

Your mother signing a deed to the house over to her children will not solve this problem unless the gift is made more than five years before she applies for Medicaid. If not, this would be treated as a penalty-causing gift and she would be disqualified from the Medicaid program for many months, if not years. An irrevocable Medicaid trust may provide some protection, however.

Because of the difference in state Medicaid laws as well as all the variables of the value of your mother’s house, her health, and whether any exceptions apply to the estate repayment requirements mentioned above, you should contact an experienced elder law attorney in your mother’s state for help with this complex matter.

 

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Carlotta Katra answered...

Absolutely she should consult a local Elder Law attorney that specializes in Medicaid planning. In some states if the property is producing income (rent) the house can be kept. They can advise you on all your options. Don't do anything without their direction or you could be owing Medicaid for any transfer in assets within the past five years.

 

 
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