Questions about Georgia Medicaid Estate Recovery? Don’t worry, the expert estate attorneys at the Law Office of Paul Black can help.
Georgia Medicaid Estate Recovery Basics
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Georgia Medicaid Estate Recovery is a system that was put in place to allow the state and its taxpayers to regain some of the cost of caring for people via the Medicaid financial assistance program after said persons have passed away. Funds are recouped from the Medicaid participant’s estate, after death, for the expense of the assistance they received. This can include housing and medical expenses, including nursing facility services and community health services, among others.
The Omnibus Budget Reconciliation Act (OBRA) of 1993 required states to create and carry out an estate recovery program. Georgia is among the last states in the USA to execute an estate recovery program.
To improve your chances of keeping any of the assets after your loved one passes, it is best if he or she engages in proper estate planning before death. Here are 10 Reasons to Create an Estate Plan Now.
Medicaid Estate Recovery in Georgia
Medicaid estate recovery in Georgia occurs for expenses sustained by Medicaid for any kind of service provided in a long-term care facility or in the home as an alternative option.
This includes the following personal care services:
- Home and community-based services
- Hospital services
- Nursing facility services
- Personal care solutions
- Prescription drug services
If your loved one or family member did not create a last will or their will is being handled through probate, a local attorney skilled in Georgia estate planning can help with the Georgia Medicaid Estate Recovery process.
Can Medicaid Take Your House After You Die in Georgia?
When learning about the estate recovery process, one of the most important concerns is whether Medicaid can take your house after you die. Although it is true that Medicaid penalizes a person for making transfers during the 60 months prior to applying for Medicaid, there are some scenarios in which it is legal to transfer a house.
Transfers of the home to certain individuals can be made without incurring a transfer fine. They include the following:
- A spouse
- A child under age 21 or who is blind or disabled
- A sibling who has a financial interest in the house
- A “caretaker child”
A “caretaker child” is an adult child who lived in the house for at least two years prior to the applicant’s institutionalization, as well as throughout the duration of treatment when the caretaker’s presence enabled the Medicaid applicant to avoid an assisted living facility stay.
A Georgia attorney with knowledge about Georgia Medicaid Estate Recovery can advise Georgia seniors and their families.
Hospital Liens in Georgia
The property of those individuals who pass after residing in an assisted living facility, nursing home, or hospital may be subject to hospital liens in Georgia. If no action is required to plan for a recipient’s house, that house will be subject to Georgia Medicaid Estate Recovery. This means that the state will put a lien on the home to recoup the expenses invested in the recipient while in a nursing home or hospital.
The state will certainly not, however, place a lien on the residence if a partner (or a disabled/blind child, a child under age 21, or a brother or sister with an equity claim in the house) stays in the house. After the family member moves out, however, the state may try to collect the property.
After a lien is placed on the home, the state does not compel an individual to market their home; it simply does not have a free and clear title. The debt to the state would need to be paid prior to the home being sold. This complex scenario is best explained by an experienced attorney.