Posted on 07/31/2023 4:28:46 AM PDT by jacknhoo
Rebecca Miller said her father was on Medicaid for about two years and she served as his caretaker at his home after he was diagnosed in 2018 with Parkinson's disease, from which he died last August.
About 30 days later while still mourning David Miller's passing, the 36-year-old said she received a letter from the Ohio Attorney General's Office stating her father owed $56,000 to Medicaid Estate Recovery.
The Medicaid collection program was foreign to the Clinton County woman, as it is to the vast majority of people, attorneys said.
The state notice was a jolt, informing Miller that her father's house — for which she said the mortgage has been paid in full and is "the only real home that I've ever known" — was at risk, potentially leaving her homeless.
The AG's letter stated "that they were going to take the place because of a $56,000 lien from Medicaid," she said. "I've even called Medicaid myself to find out why — what kind of services are you saying (he owes) $56,000 for?"
Stories like Miller's are "the classic Medicaid estate recovery" experience in the federally mandated program, one elder care and Medicaid planning south suburban Dayton attorney told the Dayton Daily News.
Ohio's AG's office — which collects the funds for the Ohio Department of Medicaid — has recovered more than $270 million since 2019, a year in which more than $730 million was collected nationwide, records show.
Washington Twp. attorney Ted Gudorf said he has a client who has been in a Kettering elderly care facility since last October.
(Excerpt) Read more at news.yahoo.com ...
It has to be done ( I think in Ohios case) at least 5 years before they apply. They look back to all your assets for the previous 5 years. If you transferred assets ( cash, home) to a third party any earlier you won't be approved.
Sounds like they did no planning, and dearest daughter moved into HIS estate. Any debts, liens or other claims must be paid from the decedent’s estate BEFORE any remaining asset is distributed.
Government debt collection grinds slowly, but infinitely finely - if the estate owed for Medicaid services, they will arrive with bill, eventually.
This shouldn’t have been a surprise, and smells more like someone trying to use the media and ‘bad press’ to avoid the consequences.
I agree with you completely. This is a welfare program funded by taxpayers. If there are assets to recover after death, it should absolutely happen. I suspect this article is designed to shock the consequence of the uninformed masses as a way to usher in the idea of eliminating recovery programs.
*conscience
How, in all this world, is that even legal.?
I can see where they might go after anything with the parents name on it but, beyond that, (??)
“three YEARS”
As I understand it, it is five years generally in the US and 30 months in California.
I’m not a lawyer.
5 year Medicaid “look-back” in most states....some states are less:
https://www.medicaidplanningassistance.org/medicaid-look-back-period/
“Typically, these laws obligate adult children (or depending on the state, other family members) to pay for their indigent parents’/relatives’ food, clothing, shelter and medical needs. Should the children fail to provide adequately, they allow nursing homes and government agencies to bring legal action to recover the cost of caring for the parents. Adult children can even go to jail in some states if they fail to provide filial support.”
“States and territories with filial responsibility laws
Alaska
Arkansas [nb 1]
California
Connecticut [nb 2]
Delaware
Georgia
Indiana
Kentucky
Louisiana
Massachusetts
Mississippi
Nevada [nb 3]
New Jersey
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Dakota
Tennessee
Utah
Vermont
Virginia
West Virginia”
” Arkansas law can only require payment for adult mental care.
Connecticut law only applies if the parents are younger than 65.
Nevada law only mandates filial liability only if there is a written agreement to pay for care.”
https://en.wikipedia.org/wiki/Filial_responsibility_laws
“I don’t see the problem as outlined by some.”
The problem is that only about 1% of families are impacted because 99% of other families get legal help to avoid it.
It is a form of “disparate impact”.
I’m not sure if she can file a claim with the estate for the value of her caregiving services.
There is a federal law requiring a minimum wage of $7.25/hour.
[[There’s no such thing as a free lunch]]
The mosquitos are so bad right now that just walking outside and yawning results in a free lunch
I still don’t see the problem, and I dispute “99%”.
Supposedly indigent persons seeking free medical care with stipulations UP FRONT on ‘spend down’ requirements and families - the selfish brats who stand to get a share of a pie they didn’t earn - are making noise.
If we had the stats, my bet is that the whiners are all lefties.
If those bitching about government in this thread weren’t bitching here on this topic, they’d be bitching about paying the exorbitant budget increases for Medicaid.
‘Sometimes’ government does its job. Absent evidence, that appears to be the case here.
Are you entitled to a benefit? Just because you don’t like the English language doesn’t make everybody wrong. If it is a benefit you are entitled to claim or is it a benefit you are not entitled to claim? If not then it’s welfare other wise it’s a befit you are entitled to possess.
Imagine if the government did not allow for collection avoidance by legal means that about 99% of families get.
People would sell their US houses and get elder care in Third World countries with cheap labor. There would be few US nursing homes and few US nursing home jobs.
Also, it should be noted, Medicaid nursing care is a form of value receivable for paying 1040 taxation.
If the middle class can get no value from paying federal taxes, much of the middle class will not vote for any politician that wants to levy the middle class.
Unfortunately this very reason has caused many of the elderly to refuse care and would rather die than see what they have worked for get handed to Uncle Sam.
The family always fights them of course, unless they are just in it for the money, then Mommy or Daddy can refuse his medication all he wants. We have a family business, a lot tied up in real estate, and have planned for this scenario for a long time. Everything is sitting in a irrevocable trust, which has been in place for years.
Last year the IRS just up and decided that irrevocable trusts are now subject to all the estate taxes, just *poof* out of the air they changed the laws on estate planning and screwed all of those who had assets to pass on to their dependents.
They will get their money from you one way or the other, they biggest gleaming prize just out of reach from them is our investments and 401K funds just sitting there ripe for the taking now.
“Get a Lady Bird Deed.”
Never heard of it. Here’s why ....
“This type of deed is available in only five states: Florida, Texas, Michigan, Vermont and West Virginia.”
They need that money so they can provide free medical care to illegal aliens.
She certainly deserves an explanation for the $56,000 bill. Doesn’t seem like they’re giving that to her. Is it for medication and Dr visits?
She is in Ga.....so......
“Private long term care insurance”
My understanding is that it covers (& not necessarily 100%) 2 yrs
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