Medicaid penalty period. Any advice? - AgingCare.com

Medicaid penalty period. Any advice?

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Also penalty period starts on the date of medicaid application.

What often happens is elder goes into a NH "Medicaid Pending". Your state takes 6 mos to process applications. The penalty inquiry letter is sent at month 4 & you have 30 days to submit information or penalty placed. Penalty is validated at month 5. Transfer penalty placed at month 6. Mom, you & NH all get a letter of transfer penalty placed & ineligibility for medicaid to pay. Mom & or whomever signed her admissions contract to be financially responsible owes the NH 6 months of private pay less the copay of their SS/retirement monthly income.This could be thousands and thousands of $$ due & like yesterday. Either you sign a contract for past due and current stay OR mom moves into your home for the length of time left of penalty period. Nh will likely turn it over to collections if you don't come to an agreement.

Transfer penalties on gifting on homes, land or bank accounts are really hard to get around as the data is just in states database &/ or submitted as part of the application. Hardship waivers can be done but you should get an NAELA attorney to attempt this imho.
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Varies by state, according to the average cost of a nursing home. So let's say it costs $10,000 a month in your state. So for every $10,000 of funds or assets missing or given away, Medicaid will impose a one month penalty period. If mom gave away a house, the penalty period could be quite long.
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