When the time comes to consider placing a loved one in a skilled nursing facility, applying for Disabled and Elderly Medicaid benefits may be necessary depending on your loved one’s financial situation.
Don’t be fooled by the following Five Myths of Medicaid:
1. “My brother/sister, etc. live in another state and they say ….. to qualify for Medicaid.”
Although a federal program, the eligibility requirements for qualifying for Medicaid is unique to each state. Therefore, Texas Medicaid for the Disabled and Elderly may be very different than any other state.
2. “I want to apply for Medicaid for my loved one BEFORE they go to live in a nursing care community.”
Your loved one must reside in a skilled nursing care facility for a minimum of 30 days before being able to apply for Medicaid.
3. “My loved one can give away all their assets to qualify for Medicaid.”
Gifting any assets, including voluntarily transferring assets for which you do not receive fair market value in the last five years WILL result in a penalty being assessed by Medicaid. Additionally, it is best to consult with an attorney regarding asset eligibility as NOT ALL ASSETS are countable when calculating eligibility.
4. “My loved one NEEDS a ‘Miller Trust’.”
A Miller Trust is used specifically to meet the monthly income eligibility criteria for Medicaid. The language in a Miller Trust is very specific and we recommend you consult an attorney. Our firm provides very specific written instructions when executing a Miller Trust, if needed, to ensure you are transferring funds correctly and avoid creating a ineligibility determination.
5. “Medicaid is going to take my loved one’s house.”
When your loved one receives Medicaid benefits for their long-term care, the funds expended by the State of Texas are recorded. At the time of your loved one’s death, the Medicaid Estate Recovery Program (“MERP”) will contact you regarding the benefits paid. At our firm, when we prepare the application for benefits, we strategize with the family to ensure the homestead is protected from probate by executing a Lady Bird Deed and thus MERP.
Each of these myths, if acted upon without correct guidance, can result in an ineligibility determination and/or penalty when applying for Medicaid. At Bulgawicz Law Firm, we are here to assist you in pre-determining Medicaid eligibility and how to navigate the application and document collection process.
We offer an hour and a half consult that takes you through each step of Medicaid eligibility complete with an analysis of your loved one’s unique medical and financial situation. When you leave our office, you will have sufficient information to choose to file for Medicaid on your own, when appropriate. However, for a flat fee we will take away the burden and complexity of filing for Medicaid for long-term care. Our flat fee includes, if required: General Warranty Deed, Lady Bird Deed and/or Miller Trust.
To date we are happy to report, of the multitude of applications our office has filed, each and every one of our clients have been deemed eligible for Medicaid. We have also represented those same clients in filing for annual renewal of benefits.
Each quarter, we offer a complimentary community presentation at our firm: “The Five Myths of Medicaid” Solving the Medicaid Puzzle.” Visit our Calendar of Events and find a presentation date that works for you, then call us and reserve your seat!
Five Myths of Medicaid:
Solving the Medicaid Puzzle Presentation
Call (713) 429-1388
to reserve a seat
OR
Call to schedule your Medicaid Consult