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psw1066 Asked September 2016

In New York State, can the nursing home caring for my mother, keep all funds in her personal cash account, now that she has passed away?

When my mother passed away, there was over $3000 in her personal cash account. The nursing home will not release these funds to me, her caregiver, because they say, "can not release any of those funds (except to a surviving spouse or minor child) without a release from Health Management Services, an estate recovery program working with the office of the Medicaid Inspector General. Generally any personal funds that remain after a medicaid recipient passes are recouped by the medicaid dept. to offset what has been paid out for that person." Is there an appeals process, or some way to recover there funds, some of which were deposited into the account by me AFTER her death?

jeannegibbs Sep 2016
The NH can't keep it, but it will be claimed by the state, assuming your mother was on Medicaid.

My mom just died and the same thing is true for us. She had a much smaller amount in her account.

None of us (her children) feel bad about this. The state administration of Medicaid was extremely well-done and beneficial for our mom. Any excess funds should go back to the state, in our view.

pamstegma Sep 2016
All the funds will go to MERP (Medicaid Estate Recovery Program). Even an Executor cannot get the money. It would have to go to an estate account established at a bank. The estate then pays bills in proper order by class of debt. POA ends at death, then the Will and Executor take over. Assuming Medicaid is the only debt she had, they will get all of it.

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BarbBrooklyn Sep 2016
I don't know the answer, but im curious why you put money into her N H account. Bumping this up so someone else can answer.

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