Son loses mom’s house because of poor Medicare/Medicaid choices
Toni,
I have a client, Joshua, who just received a bill for his mother's long-term care paid by Medicaid in the state of Texas. Her care was provided at her house instead of a nursing home during the last few years of his 80-year-old mother’s life. No one informed him that the state was running a tab of all health care expenses that Medicaid paid and wanted to be reimbursed after his mother died.
Medicaid says the $65,000 medical bill must be paid in full. Joshua recently received a document from MERP (Medicaid Estate Recovery Program) saying that Medicaid wants the money and is filing a lien against the house that his mother owned, which Josh now lives in.
Americans need to be aware of their state-specific Medicaid’s rules when receiving “extra” health care, especially if you or your family member owns a home. Thanks, Toni.
--Chuck, an elder care attorney (and Toni Says reader)
Hello Chuck:
Everyone should learn about the MERP for their specific state by visiting www.medicaid.gov/medicaid/eligibility/estate-recovery/index.html. The website says “State Medicaid programs are required to recover certain Medicaid benefits paid on behalf of a Medicaid enrollee. For individuals age 55 or older, states are required to seek recovery of payments from the individual's estate for nursing facility services, home and community-based services, and related hospital and prescription drug services.”
During a Toni Says consultation, confused adult children are shocked to discover their state has taken a lien on their parents’ house because of long-term health care costs that the state paid.
Chuck, I am sure your client was astonished to find out that the state of Texas wants the $65,000 that Medicaid spent for his mother’s care returned, even though the care was at home and not in a nursing home.
All claims against an estate, including MERP claims, must be paid before the property can be distributed as specified in a will. The state does not, however, require an heir to sell the deceased recipient’s homestead (house) if the claim can be paid by other funds. But if not, then the heir may have to sell the house or the state will file a lien against it, such as Chuck’s client is experiencing.
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