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Legal advice requested about new Medicare Rules -

Old 11-01-04, 06:42 PM
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Legal advice requested about new Medicare Rules -

Hey guys- serious replies only please.


Just a quick description of the problem, its actually rather complicated, but heres the basic issue-

- My grandfather started to become senile over the last 2-3 years, so my mother had all of his assets and his home legally put into her name, in case he became totally incompacitated.
- This year, he just becomes too invalid and senile to live by himself so he goes into a nursing home, and qualifies for medicare since he has "no assets". So he gets $4000.00 of medicare coverage per month with the nursing home, medicene, etc..
- The current rule was that if you had NO assets in the past 2 years, (or next to none), then you could qualify for medicare and get on it. Which he did.

Now, my mother has said that her lawyer told her that they are changed the time limit from 2 years to 4 years that they can go back and seize assets to recoup all medicare costs!! In other words, that makes him totally liable for tens of thousands of medicare costs!! Actually, it makes HER liable since her name is on the property, etc..



Does anyone know how this works? Anyone in a similar situation?
thanks for any comments-
Old 11-01-04, 06:44 PM
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Wow, this is a tough situation for sure. I don't have anything useful to tell you so I'll just wish you luck with this and hope everything works out ok.
Old 11-01-04, 07:14 PM
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Actually you are talking about Medicaid, not Medicare. Since Medicaid is a state run medical asistance program, maybe you can find some information through his State government's website.
Old 11-01-04, 07:26 PM
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sorry, i meant medicaid. i always mix the two up -
Old 11-01-04, 07:28 PM
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Ask your lawyer if the law is retroactive. What I mean is, at the time your grandfather began on the program, was it 2 years then? I can't see how if the law changed, you would be required to conform to the new law. However, if your grandfather began medical care while the law had a 4-year stipulation, then he's probably in a bad situation.
Old 11-01-04, 07:31 PM
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actually , it was like 22 months at the time he applied for medicaid and got it. My mother had to really bed and plead and just kiss ass to get them to accept him. She didnt think that they would, but it turns out to her suprise, that they did. But it TECHNICALLY had not been 2 years since he had no assets, it was like 22.5 months or something.
Old 11-01-04, 07:47 PM
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Well, if that's the case, then get some documentation to the lawyer about it. They accepted him and he qualified for the 2-year stipulation so it looks like you need to get the lawyer to find out if the law can be applied to previous cases and just how far back the new law change can go.

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