Can my mother drop the Medicaid waiver program and get back on hospice?

1 answer | Last updated: Nov 14, 2016
A fellow caregiver asked...

My mother was on a Medicaid waiver program but was put on hospice after serious heart condition. After 3 months, she decided to go back on the waiver program. Big mistake. Is there any way she can get back on hospice after cancelling.

Expert Answers

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

Yes, fortunately although in the past administrators of Medicaid Waiver Programs often discontinued services when Medicare beneficiaries selected hospice care, this is no longer the situation following the enactment of regulations that went into effect in December of 2008.  Now she may go back to the Medicaid Waiver Program and received benefits even after electing to receive Medicare hospice benefits.  The particular hospice will need to coordinate its services with the Medicaid personal care benefit to which she is entitle under her Medicaid Waiver Program.  This is somewhat complicated so she should make sure she consults with an experienced lawyer.