We trust you endured the heat and enjoyed your Fourth of July holiday. When we were younger, the celebrations tended to include parades. Today it seems such pageantry is out of fashion (at least where we live), but hot dogs and fireworks are perennial. And even as the specific traditions change, our gratitude for our country and the freedoms we enjoy remains steadfast.
Today we continue our summer series on Medicaid myths with a brief rebuttal to those who would assert that “Medicaid will take your home.” It’s true that the Medicaid rules regarding an applicant’s home are unique, but not in a predatory sense—rather the rules are designed to ensure that an applicant doesn’t have to sell her home unless she intends never to return to it. First a few things to say clearly and unequivocally:
- Medicaid does not take the home of an applicant who has a spouse living in the home.
- Medicaid does not take the home of someone who has a minor child living in it.
Moreover, Medicaid never really “takes” anyone’s home. The Medicaid rules require an applicant to list it for sale at its current market value to maintain eligibility under certain circumstances, but the administrators of the Medicaid program do not have authority to simply assert legal ownership of a Medicaid recipient’s property. So what are those circumstances?
In Virginia, a Medicaid recipient who owns a home that does not have a spouse or minor child living in it and who has been living in a hospital or nursing home for six consecutive months must either sell the home and use the funds to pay for care or lose eligibility for the benefit. But even in such situations, there are other exceptions that may apply. We often can find ways for clients to keep the home well past the six-month mark once we investigate the specifics of the matter. In fact, in cases in which the number-one concern of our client is to keep the home, we are confident we can come up with a plan to accomplish exactly that—and within the rules of what the Medicaid program allows. Like so many popular beliefs, about Medicaid, the belief that if you go on Medicaid you will have to give up your home simply isn’t reality. And for any clients of yours who may be concerned about losing their homes to Medicaid, please have them call us. We will set them straight.
This content is provided from The Senex, our bi-monthly e-newsletter for senior providers, written by Jeremy L. Pryor, Esq.
