I am GaryB,
Well after all this time!
I was notified yesterday the state decided to approve the medicaid application and validate the transfer of the home per the 2 year child caregiver rule. NO PENALTY!!!
An award letter is on its way!
The application was elevated to the DSHS supervisory level at our attorneys request for a "Fair hearing" after it was first denied by a DSHS case worker.
It was reviewed by a DSHS supervisor and subsequently approved without proceeding to an actual fair hearing.
Our attorney and his paralegal were extremely helpful and knowledgeable with elder medicaid rules and case law.
This has lifted such a weight off of my shoulders. I did not know what I would of done otherwise.
My Mom is well cared for in the nursing home, it is a very nice place, very clean and very nice caregivers!
I would like to thank our attorney Bill and his paralegal Alyssa.
They were both very wonderful and VERY professional, helpful, knowledgeable, courteous and responded to e-mails and calls in a very timely manner!
Thank you for this forum! It is helpful.
This was my original post earlier this year(Below),
I believe I specifically fall within the Medicaid "child caregiver rule". I moved in with my mom when she was in her late 70's. She is a widow. My father died in 1984. She was living alone and needed someone to assist her with activities of daily life and also wanted the security and companionship of someone she could trust. She just turned 87 and recently had a mild stroke. She cannot walk anymore, not even with a walker. She is currently a resident at a nursing home. I have durable power of attorney for healthcare and finances. She was removed from medicare because she plateaued and was not improving with rehab. We are currently paying private pay. That will not last long, I will be applying for medicaid coverage for my mom soon. When I was employed (I'm retired) I took FMLA (Family medical leave) to care for my mom at her home because she has a serious medical condition with her heart. I used up all the FMLA benefits each year while I was employed since about 2007. This was taken as time off without pay. I used up vacation and sick leave each year down to a few hours. My mothers doctor filled out the FMLA certification forms and faxed them in to the appropriate processing center each time FMLA re-certification was required. I was approved each time.
Will copies of these FMLA certification forms be sufficient "Proof" that my Mother required care and I gave her the care necessary that kept her out of a care institution until her recent stroke?
(YES these forms were proof).
Do I still need a letter from my mothers health care provider even though the provider never "Witnessed" any of the care I provided?
(Yes, a letter was generated by my Mothers doctor)
I have proof of continuous residency for the last 5 years, my old state drivers licenses, voters registrations, vehicle registrations, etc.
(Yes, Submitted copies of each)
Unfortunately no one came to visit my mom much while she was living in her home so there are no viable witnesses to the care I provided.
(Note: A elder neighbor did eventually write a letter noting I had been living with my mom and providing care for her, This letter was very helpful.)
I would very much like to remain in her home and I am in her will as the recipient when she dies.
I live in the State of Washington.