what questions to ask the lawyer when it comes to medicaid

When first meeting with your Medicaid planning attorney, you should plan to ask what exactly Medicaid is and what does it cover. While many people may think they know the answer to these questions, it is best to hear it from a Medicaid planning attorney so that you know your understanding of Medicaid and how it works is accurate.

Full Answer

Why is Medicaid a needs based program?

Because Medicaid is a needs-based program, there are strict financial requirements in order for someone to be eligible for Medicaid assistance.

Do elder law attorneys get VA Aid and Attendance?

Elder law attorneys also help veterans plan for and become eligible for the VA Aid & Attendance pension. Although this pension is similar to Medicaid in that it helps pay for the cost of long-term care, it is also a very different benefit. Unfortunately, for most people, this VA pension will not cover the entire cost of long-term care.

Does Medicaid cover nursing home care?

Many of our clients believe that Medicaid will cover any long-term care they receive. However, Medicaid only covers nursing home care and some in-home care under specific waiver programs. If you or a loved one is in an independent living facility or an assisted living facility, their care is not covered by Medicaid.

Can you get Medicaid with one vehicle?

Although some things such as one motor vehicle and most personal property are exempt from this limit, most people will need to rearrange some assets before they will be eligible for Medicaid assistance.

Does Medicaid cover assisted living?

Medicaid only covers nursing home care and some types of in-home care waiver programs – not assisted living care. If you are interested in assisted living, you will be required to pay out of pocket or, if you are a veteran, you can arrange your assets so that you are eligible for the VA Aid & Attendance pension.

What to do before accepting a settlement with Medicaid?

Before you do anything further - talk to a lawyer about creating a Special Needs Trust for you to protect this money from Medicaid . It should be done BEFORE you accept the settlement. If your personal injury lawyer does not know anything about this, have the lawyer call a certified elder law attorney to find out what needs to be done. ... Read More

What happens if your mother is not the owner of the policy?

If your mother is not the owner of the policy then it is not her asset so you do not disclose the ownership of that asset. It is outside the five year look back period.

Can you negotiate with Medicaid?

You may be able to negotiate with Medicaid, but it may also be that there is a lien against your dad's estte, and when he passes, if there are any assets, its gets paid out of the estate.

Should I Plan For Nursing Home Assistance Through Medicaid?

You may think, “I’m healthy now; why would I even consider a nursing home?” But, we can’t ignore that nursing home care is the primary means by which a chronic long-term illness Medicaid patient is cared for when home treatment is not an option.

Are My Finances Reviewed To Determine Medicaid Eligibility?

Medicaid is a government program, but the eligibility requirements are set at the state level. The review process is exhaustive and includes a review of your financial history going back five years.

What If I Need Medicaid Eligibility Now For Nursing Home Costs?

Unfortunately, it’s not that simple. If you’re not already covered under Medicaid, the review process can take time. However, for those over 65 and older, there are dual Medicare and Medicaid plans under which you can qualify. The important thing here is to plan ahead.

What Happens If I Need To Appeal A Medicaid Denial?

Unless you or the person completing your Medicaid application is an expert in the process, expect the initial application to be denied. Assuming a denial is coming may seem like a pessimistic stance, but unfortunately, it happens to most first-time applicants.

Can I Complete My Medicaid Application By Myself?

You can, but hopefully, you better understand the risks of trying to apply for Medicaid without expert help. It may be difficult to justify the cost of hiring a Medicaid attorney. Still, the price pales in comparison to how much you can lose in Medicaid benefits from even a single mistake on your Medicaid application.