ObamaCare’s Medicaid Expansion quietly enables states to confiscate assets from dead seniors

Coach is Right ^ | 12/23/13 | Doug Book

[Oldpuppymax]

The Affordable Care Act was designed to dramatically increase the number of Americans who qualify for Medicaid. In fact, the ACA will literally FORCE many low income seniors onto Medicaid rolls as subsidies for regular ObamaCare plans are NOT available to those over 55 years of age who earn less than 138% of the federal poverty level ($15,856 for individuals; $21,403 for married couples). And without such subsidies, ObamaCare plans are generally far too expensive for older, low-income individuals or couples. (1)

Why should any of this matter to those getting “free” healthcare via Medicaid?

Because: “If you’re 55 or over, Medicaid can come back after you’re dead and bill your estate for ordinary health-care expenses.” (2)

The government has long been permitted to seek reimbursement for healthcare services by attaching the assets of...

[steve86]

Heck, I would give everything to some guy off the street just to screw the gooberment if I were on my death bed.

Another way to look at it is you would be screwing the taxpayers, who paid for your coverage and medical benefits.

[MrB]

There’s a “lookback” that they can do. Used to be 3 years, now it’s 5, probably will be increased to 10 soon.

They’ll go after those assets no matter where they went.

One strategy is to transfer the assets to an LLC way ahead of time. There are some details, but that’s the gist of it.

[Pure Country]

“I think the limit is up to 14K per child, per year.”

Just asked our tax preparer friday. She said it is $13,000 in 13 and $14,000 in 14. I thought it was $14,000 this year also. Anyone know for sure?

[Chickensoup]

I am a conservative and I will say.....absolutely nothing. In my opinion they should be required to sell their assets to help pay for their care as soon as they go into long term care. Then keep track of the money til it is within the $2500 allowable cash before they qualify. That’s the way it used to be

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I would agree except we are all looking at jacked up and totally unreasonable costs without any recourse.

[Chickensoup]

Look at an irrevocable Medicare trust to protect assets from Medicare clawback. The rules and laws vary depending on the state, and you need an attorney to set it up. I just had one set up for my parents.

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So far I have not been able to get it to work for me. The lawyer is reluctant.

[LiveFree99]

Why exactly is the lawyer reluctant? I had it done for my parents in Massachusetts, so I don’t know what the particular laws are where you live. I’d find someone who had a trust set up and ask if he would recommend his attorney. The whole process should be fairly straightforward, but like hiring anyone else to do a professional job, you want an experienced, conscientious professional to handle it and not some dopey slacker you picked out of the Yellow Pages.

[sheana]

Well there is always a but......even for me. I don’t think it’s fair that an old person who has worked and saved all their life has a hard time qualifying for benefits when some 19 yr old gal with 3 babies can walk in and boom she’s eligible.
The whole damn system is wrong.

[Chickensoup]

and that 19 year old with three babies is why many people will lose their assets. This is just another tax.