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Michela Asked April 2019

When you are on Medicaid in a nursing home and pass away is your spouse responsible to pay back the money you owed while there?

JoAnn29 Apr 2019
No

When a spouse goes on Medicaid the other spouse, staying in the home, becomes a Community Spouse. As such, assets are looked and and split in a way that the Community Spouse is not made impoverished. A lean by Medicaid was just put on my Mom's house. Here is the info I received in how recovery works for a family member leaving in the home of the Medicaid client.

If a family member of a deceased Medicaid client has, prior to the client's death, continuously resided in a home owned by the client at the time of the client's death, and that home was the client's primary residence and was, and remains, the family member's primary residence, the Division may record a lien against the property but will not enforce the lien until the property is voluntary sold, or the resident family member either dies or vacates the property.

BarbBrooklyn Apr 2019
Before the spouse entered the NH , was an eldercare attorney consulted?

In general, Medicaid requires that assets
(like homes) have liens placed on them. But generally the spouse has the ability to remain in the home until their death.

If you are contemplating one partner entering a nursing home, please set up a consultation with a certified elder care attorney. Medicaid does NOT require that the Community Spouse ( the one not in the home) become impoverished.

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