How can I get the state to give my father-in-law Medicaid?


We his house in son name they still help, va dragging there feet. my father inlaw broke his leg last year.we had to put him nursing home.right a way I applied for Medicaid they denied him because his house was in his name and son name.we took his name off the house but they still denied him medcaid. apply for va and still not got in we had bring him home and hard on wife who is the care giver since I work on the road 3 weeks home a day or wife cant left do to a bad back.we have a little help with home care what we can a ford.but he needs to be in nursing home were he can get better then what we can give him.can you helps us.

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The problem is that the house was in his name within the past five years so it's still considered an asset. They do that so people don't give away their property just before they need Medicaid.

Depending on where you live, it's possible that his son could still live there, but a lien would be put against the property value to pay off Medicaid. You may want to check with an elder law attorney.
Good luck,
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I agree with Carol, it's that house that's preventing him from getting Medicaid. I have no idea how to go about getting around it but like Carol suggested, an elder law attorney can help you.
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You kinda have 2 different issues -
first the whole VA Aid & Attendance process.You really need to contact - on your dad's behalf - one of your local veterans groups. Like a VFW lodge. See if they can give you the name of someone or an group that helps vets gets the VA application process done. The backlog seems to be like a year plus from the VA. Also send a letter to your congressman that dad's VA application is stuck.

Second - if what you all did was had dad transfer or sell the house to you, then as far as Medicaid is concerned, dad has a transfer penalty for moving an asset within the 5 year look-back required by Medicaid. This is what Eyer & Carol are referring to. You know if the house was Dad's home, Dad could have kept the house too as they are allowed to keep their home as an exempt asset for Medicaid and after dad died you could have filed an exemption for Medicaid claim on it.

When there is a transfer penalty it will be for a specific period of time that is based on the dollar amount of the penalty. It is not forever. The amount of penalty is determined by the value of the property transferred and the Medicaid day rate paid by your state to the NH. It's a math problem....say you live in TX and TX has the Medicaid NH day rate at $ 150.00 day AND house valued at 50 thousand dollars which is based on the annual tax assessor bill. If the house is owned by both you and dad, then dad's part is 50% or 25 thousand. So divide $150.00 into 25 thousand and that is the # of days dad would be ineligible for Medicaid. Which in the above example would be 166 days (about 5 months) that Dad would be ineligible for Medicaid payment. When this happens either family has to private pay for the 5 months OR take care of dad for 5 months and then reactivate the original application to Medicaid. Really if you are stuck in transfer penalty, it is kinda very important that the application be done just right so that the Medicaid caseworker can easily figure out what was done. Usually that means you need an attorney to guide the application through the system for you. NH cost anywhere from 5K - 15K a month, so the $ spent on an attorney to get dad in and on Medicaid is well worth the costs. Good luck.
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