Pennsylvania Medicaid Myths
Introduction
So many times clients come to our office under the mistaken impression that nothing can be done to protect assets from nursing home costs. Much of the popular literature gives readers the idea that unless assets are given away five years prior to a nursing home placement, it just about all goes to the nursing home. Though it is true that some asset protection strategies have been curtailed over time by changes in the law, it is still possible in most cases to take some steps to protect assets from nursing home costs if you follow the applicable rules and regulations, especially when it comes to protecting the spouse at home from impoverishment.
It is not necessarily too late to learn how to protect a parents’ assets from nursing home costs
Fortunately there is usually much that can be done, legally, to minimize the potentially devastating cost of nursing home care. Specific rules govern the consequences of gifting, particularly in light of the Deficit Reduction Act, and they need to be followed carefully. Robert C. Gerhard, III advises his clients as to what can be transferred without running afoul of the Medicaid transfer penalties, and when. Exceptions to the transfer penalties exist which allow for gifting of resources under certain circumstances, notably for disabled children and children who lived with a parent for two or more years and provided care that kept a parent out of a nursing home.
Discrimination Based on Source of Payment
Another concern clients have is that the care being provided to a loved one in a nursing home will suffer when the bill shifts from “private pay” status to “Medicaid.” Fortunately federal law strictly prohibits such discrimination. It is illegal for a Medicaid approved nursing home to change the level of care provided based on the source of payment.
Transferring Assets Between Spouses
Some families mistakenly believe that transferring all assets to the healthy spouse can protect assets from the nursing home costs of the sick spouse. This is another Medicaid myth. Medicaid law generally deems the assets of one spouse to belong to the other. Although titling the assets in this way can be advantageous in some cases for other reasons, it generally does nothing to protect resources from nursing home costs.
Jointly Owned Accounts
Another Medicaid myth involves “jointly owned accounts.” Some parents add a son or daughter to a bank account believing that doing so will protect at least half of the account from nursing home costs. Under Pennsylvania law, a joint deposit account is generally considered to be owned in proportion to the contributions to the account. In other words, unless the son or daughter can prove to the Medicaid authorities that he or she contributed their own money to the joint account, the funds in the joint account are completely attributed to the parent during the Medicaid application process and considered “available, non-excluded resources” that very well may need to be spent-down on nursing home costs.
Learn How to Protect Assets from Nursing Home Costs
Call elder law attorney Robert C. Gerhard, III today to make an appointment to answer your specific questions and dispel any “Medicaid Myths” that may be on your mind.
