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gingersmomma Asked April 2013

NC Medicaid denial of personal care services, do I need an elder care attorney?

My mother is in an assisted living facility with moderate cognitive memory loss and was assessed by the state to see if she still qualifies for the "personal care services" this is a new guideline in nc. She was denied this and the money to be paid to the facility because she is not "bad enough" she can still feed herself but she does not eat. I will have to have an appeal with the administrator at the facility and an administrative law judge. Do I need to take an elder care attorney with me?

EXPERT Carol Bradley Bursack, CDSGF Apr 2013
Frankly, I would. It's a lot easier to do legal business when you have someone who knows details of the state law by your side. Be sure the person you hire is right up to date with this new law so he or she can prepare.
Good luck to you. Changes in law that catch people in the middle are rough on everyone involved.
Carol

igloo572 Apr 2013
I'll second Carol on getting an elder care attorney.

Can the state do a claw-back on payments? Ask about that so you don't face an expensive surprise there. Good luck.

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