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Ken1953 Asked October 2016

Would short term nursing care and medical services be subject to repayment by Medicaid?

I understand this happens for patients under long term nursing care, but I'm curious if that is the case for short term care and / or medical services provided through Medicaid.

EXPERT John L. Roberts Oct 2016
How old is the patient? Federal Medicaid law requires recovery for Medicaid paid medical bills from a person's estate IF the recipient was over age fifty five (but excluding Medicare cost-sharing payments).

The estate recovery law is at:
https://www.law.cornell.edu/uscode/text/42/1396p

But there are exceptions that could be applied to protect the recipient's assets in your case, including transfer to a family member who is in disability status.

Until you talk with an elder law attorney in your state, you won't know how the circumstances in your case fit with the Federal Law and state regulations.

Information about Medicaid liens in my state (Massachusetts) is at:
https://aspe.hhs.gov/basic-report/medicaid-liens-and-estate-recovery-massachusetts

WinbladLaw Oct 2016
It an individual is financially & medically qualified Medicaid should cover short term costs and an application should be filed.

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pamstegma Oct 2016
YES all Medicaid payments, not just nursing home are MERP'd

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