Your mom lives in her home, right? If so, why are you thinking she has Estate Recovery as an issue for her future???
So Mom is not currently in a NH, right? Was she ever enrolled in a community based Medicaid program?….. like a PACE day program or gets IHHS in home health services at her home with community based Medicaid paying for it? In the past, did mom actually file for and was a resident at a facility that PA LTC Medicaid program paid for her stay….. like she was a custodial care resident in a NH? Not a rehabilitation patient at a NH but was staying there as custodial care resident on LTC Medicaid?
Estate recovery aka MERP, is about the required attempt that a State must do to recoup the costs paid for a persons custodial care in a NH (or a AL of MC if your State does LTC Medicaid waivers for these). It can include the costs paid for a community based Medicaid program as well IF your State includes community based programs in its Estate recovery. If your mom did not do either, or her spouse did not either, then there in my experience should be no MERP issues.
Again, why precisely are you concerned about Estate Recovery?
If she is on Medicaid for health Insurance, and that’s why you are worried about “recovery” that is an entirely different program. There is no MERP on this program although some States do seek repayment for premiums paid.
Imho if if there was something in her past or a spouse’s past for LTC Medicaid or community Medicaid, then ABSOLUTELY she needs to speak with an elder law atty with Medicaid expertise and who has an affiliation with a real estate attorney ahead of ever placing the property up for sale as there could be somewhat subterranean debt placement - could be a lien or could be a claim - upon the property. Not all States do liens (NJ does), some do claims (TX) and they are totally different legal paths to deal with.
OR are you fretting this because you read an article abt a PA NH that billed a son for his moms bill and it was abt $100,000?
We can know nothing of the details in your mother's case. This question belongs in the offices of an elder law attorney. It isn't something you can afford to do wrong by taking bad advice.
I would assume that Mom or Dad is receiving Medicaid in some way. Either health insurance, in home care or Long-term care in a NH?
Usually a lien is put on a home when the person on Medicaid passes. If there is a spouse in care the other is called a Community spouse. When the one in care passes a lien is placed on the home and gets satisfied at selling of the house or passing of the Community Spouse.
If Mom has been receiving Medicaid for health insurance or in home care she has a caseworker and I would run this by the caseworker.
So Mom is not currently in a NH, right?
Was she ever enrolled in a community based Medicaid program?….. like a PACE day program or gets IHHS in home health services at her home with community based Medicaid paying for it?
In the past, did mom actually file for and was a resident at a facility that PA LTC Medicaid program paid for her stay….. like she was a custodial care resident in a NH? Not a rehabilitation patient at a NH but was staying there as custodial care resident on LTC Medicaid?
Estate recovery aka MERP, is about the required attempt that a State must do to recoup the costs paid for a persons custodial care in a NH (or a AL of MC if your State does LTC Medicaid waivers for these). It can include the costs paid for a community based Medicaid program as well IF your State includes community based programs in its Estate recovery. If your mom did not do either, or her spouse did not either, then there in my experience should be no MERP issues.
Again, why precisely are you concerned about Estate Recovery?
If she is on Medicaid for health Insurance, and that’s why you are worried about “recovery” that is an entirely different program. There is no MERP on this program although some States do seek repayment for premiums paid.
Imho if if there was something in her past or a spouse’s past for LTC Medicaid or community Medicaid, then ABSOLUTELY she needs to speak with an elder law atty with Medicaid expertise and who has an affiliation with a real estate attorney ahead of ever placing the property up for sale as there could be somewhat subterranean debt placement - could be a lien or could be a claim - upon the property. Not all States do liens (NJ does), some do claims (TX) and they are totally different legal paths to deal with.
OR are you fretting this because you read an article abt a PA NH that billed a son for his moms bill and it was abt $100,000?
This question belongs in the offices of an elder law attorney.
It isn't something you can afford to do wrong by taking bad advice.
Usually a lien is put on a home when the person on Medicaid passes. If there is a spouse in care the other is called a Community spouse. When the one in care passes a lien is placed on the home and gets satisfied at selling of the house or passing of the Community Spouse.
If Mom has been receiving Medicaid for health insurance or in home care she has a caseworker and I would run this by the caseworker.