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Mom is in NH. Recently she asked her social worker about Medicaid’s Estate Recovery Plan (MERP). Social Worker’s reply according to Mom was, “They don’t do that.” Please correct me if I’m wrong, “They do that.”

It might be that the SW answer was correct..... but not in the way you’d logically think. Neither the State or the NH does MERP. LA has estate recovery done by an outside contractor. Technically the state does not do it. State deals directly with recovery if it involves annuities or where estate is beneficiary of life insurance policy and both of these types gets run between DHHS and Insurance Commissioner’s Dept.
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Reply to igloo572
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Go to an elder law attorney between you and mom there are complicated issues. See that both if you are protected.
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Reply to maryqesq1
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Here is a good article by one of our expert posters:

https://www.agingcare.com/Articles/medicaid-repayment-of-nursing-home-estate-recovery-150497.htm#:~:text=While%20state%20Medicaid%20programs%20are%20very%20interested%20in,care%2C%20then%20they%20are%20exempt%20from%20estate%20recovery.
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Reply to BarbBrooklyn
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This is a question far better addressed by an eldercare attorney than a social worker.
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Reply to FloridaDD
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lsudvm, have you filled out the main/basic Medicaid application yet?

"Under certain conditions, money remaining in a trust after a Medicaid enrollee has passed away may be used to reimburse Medicaid. States may not recover from the estate of a deceased Medicaid enrollee who is survived by a spouse, child under age 21, or blind or disabled child of any age. States are also required to establish procedures for waiving estate recovery when recovery would cause an undue hardship.

States may impose liens for Medicaid benefits incorrectly paid pursuant to a court judgment. States may also impose liens on real property during the lifetime of a Medicaid enrollee who is permanently institutionalized, except when one of the following individuals resides in the home: the spouse, child under age 21, blind or disabled child of any age, or sibling who has an equity interest in the home. The states must remove the lien when the Medicaid enrollee is discharged from the facility and returns home."

Source:
https://www.medicaid.gov/medicaid/eligibility/estate-recovery/index.html

From this AgingCare website:
https://www.agingcare.com/articles/medicaid-repayment-of-nursing-home-estate-recovery-150497.htm

I get the sense you just apply for Medicaid first and when you indicate your mom's home is also yours and you are disabled on the form, and she qualifies for Medicaid, they send a recovery letter. I can't find anywhere where there is a separate form for MERP. I'm not sure it is worth spending money on an attorney for this? Before you do, call your county's Dept of Health and Human Services and talk to someone who knows about it, or contact your area's Agency on Agency for possible free resources.

Customer Service:
1-888-342-6207
MyMedicaid@la.gov

LA DHSS: http://ldh.la.gov/index.cfm/subhome/1
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Reply to Geaton777
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Sorry, but I have only had one SW who I felt confident in. The rest I dealt with didn't seem to be able to look out of the box.

If Mom is on Medicaid, she has no assets to recover from, unless there is a house. Maybe it didn't sell, maybe a spouse lived in it, a family member, disabled child...whatever the reason a house is left after Mom passes. In the recovery papers I received it asks is there a family member living in the house that lived there when the recipient did and is considered their main residence. If yes, than a lean will be put on the house but the person can remain in the house until they die, sell or leave it. At that time the lean will need to be satisfied. In my Mom's instance, the house was sold after her death and Medicaid lean was satisfied then.

If Mom has no house, then the only asset she may have is the money left after spend down and her PNA, Personal Needs Acct the NH maybe taken care of. This money is Moms and belongs to her estate. Her children cannot be held responsible for paying back what Medicaid paid out. The recovery letter will ask if there are any assets if none the answer is no. So there will be no recovery. But, the State requires that they send out the letter.
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Reply to JoAnn29
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lsudvm91 Jul 12, 2020
Mom still has a house which is her primary asset. I’m disabled & live in apt upstairs. This has been my primary residence for the past 12 years.****I have a question for you. In the Medicaid application, does it include any questions concerning others who live in the home?? I have not been able to find an entire Medicaid application on line. By entire I’m referring to the application it’s self plus all the documentation that is needed to complete it. All I can find is the application form itself. Nothing else. I plan on making an appt w an Elder Law Atty.
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The social worker is wrong. Federal law requires the state to attempt to recover the money they spent on long term care. So yes THEY DO do that but.....BUT....there has to be an estate to recover from and there are also certain factors that would prevent Medicaid from trying to recover from the estate.
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Reply to worriedinCali
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