My father passed away Nov. 19, 2020. My wife and I requested that they release his funds that were held in a trust fund for his everyday needs. We wanted to use those funds towards his funeral and burial cost. They denied our request and told us that Medicare confiscated such funds to recover the cost of nursing care, for which I did some research, and uncovered that such results were not factual or true. This is where I find myself at this moment, with them giving me the round around. I am confused and need some advice on how can I resolve this matter.
The PNA belongs to the resident. When they pass it becomes part of their estate. It does not revert back to Medicaid and cannot be used for the residents care. You need to call Social Services and tell them that the NH is refusing to to give you the money. I needed a short certificate from Probate to get Moms money. (POAs are void after death) The PNA and any money left from spend down go into her estate account. Don't let anyone tell you they go back to Medicaid.
The "business" end of all nursing homes lie and pull very shady, underhanded things. They always think any money left in a resident trust account is a parting gift for them. Like they don't get every penny they're owed and then some. If they're claiming Medicare confiscated that money, well that is easy enough for you to check on by calling Medicare. The resident trust accounts are not part of the nursing home's billing department. They are separate because they are for needs not covered by Medicare or any other insurance.
When you speak to Medicare request they send you written documentation that they did not collect that money. They will do it.
Then demand the nursing home refund that money. If they continue to give you the run around, contact your state's Ombudsman and even your state's Attorney General if you have to. You might have to do a bit of legwork, but you'll get it back if you don't let it go with these people. Don't let it go.