The law changed - does that mean she's eligible for Medicare now?

2 answers | Last updated: Jan 28, 2011
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An anonymous caregiver asked...
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Caring.com User - Steve Weisman
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Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City...
Steve Weisman said...

You should contact an Elder Law attorney as soon as possible because the Medicaid laws do differ significantly from state to state. You refer to "Medicare" in your letter, but See also:
How Medicaid Works

See all 571 questions about Legal and Financial Planning for Eldercare
it actually is "Medicaid" which is a different program that has the authority in some situations to levy on a home of a Medicaid recipient.

I believe you are confused about the Medicaid law that permits gifts that have been made five years before a person goes into a nursing home being able to escape the grasp of Medicaid when that person dies. Making a Will does not make a gift of the home until the person has died and the Will is probated. Therefore the home is in jeopardy. Again, I suggest that you contact an elder law attorney to see what can be done to help.

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Opiegirl said...

In answer to the woman whose nursing home is looking for another place for her. Check with the laws in your state, they cannot just kick her out. They need to give you a 30 day notice, and you can fight this. They in good faith need to find a solution. It's not like these behaviors are not common.Keep in contact with the social services, it is there job to help with resolutions. If Seroquel does not work, they need to try something else, Is she on enough Seroquel is the other question. Alot depends on the patient and how they respond to said med.Also, is staff trained properly to work with these people. If they are impatient she definitely respond in kind.Hope all turns out for you.

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