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My husband. Has dementia. He was approved disability but keeps getting denied Medicaid. We are in appeal. He was also already approved for Choices. I took him to 5 day respite in nursing home then gonna transition to full care. If they don't straighten out appeal and try to discharge can I refuse pick-up? I have MS and not able to care for him myself.

Why was he denied? If it was due to too much income then consider something like a Miller Trust, where his "excess" income will go into each month so that he is only left with the qualifying minimum amount of income.

Then, when he passes away, the money he put in the Trust goes back to pay Medicaid.

Talk to either an elder law or estate planning attorney, or a Medicaid Planner for your home state to know if this is possible where you live.
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Reply to Geaton777
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Do not pick him up! Call APS. What the NH usually does is call APS themselves in situations like this, but you can do so as well. Make sure he is applying for the right type of Medicaid. He needs nursing home Medicaid, or LTC Medicaid, not regular community Medicaid.
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Reply to mstrbill
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You have excellent advice below. I do think an Elder Law Attorney is going to be crucial here. You must have protection of your own half of joint assets for your own care.

They cannot discharge him unsafely to you. Speak to discharge planners and tell them that he cannot return to the home and they will have to transfer him to other care facilities. Dumping him on your doorstep is an "unsafe discharge" as you cannot care for him. Be certain to tell the facility Social Worker that.
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Reply to AlvaDeer
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Helahs Oct 3, 2024
Thanks so much they have not tried to urn him out I'm just trying to gather knowledge if they do.
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You need tocsee an Elder Lawyer. Your assets need to be split. His split going to his care. You remain in the home, get a car and ejough or all of your monthly income to live on.
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Reply to JoAnn29
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Helahs Oct 3, 2024
Thanks so much they have not tried to urn him out I'm just trying to gather knowledge if they do
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Yes, you can refuse to pick him up and they can't just put him out on the street.

Nursing homes usually start the Medicaid application the day a person is brought in if the plan is they're staying. I think you should reach out to Medicaid and ask why your husband is being denied. It could be that there's too much income in your bank accounts or you are holding too many assets.

Of course, all anyone would be entitled to is his half of the assets or money. Your share if you are his legal spouse would be safe. If you live in the family home Medicaid will allow you to remain in your home. If you are dependent on your husband financially for your support, Medicaid will leave you enough to live on.

Medicaid and the care industry are two separate entities. They are not one in the same like many people think. Medicaid is reasonable to deal with. The business end of a nursing home is not. Reach out to Medicaid.
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Reply to BurntCaregiver
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swmckeown76 Oct 6, 2024
Not always. If the nursing home resident is private-pay, the business manager finds out what the couple's income and assets are, particularly those of the spouse entering long-term care (and any long-term care insurance). If the spouse in long-term care has enough income and assets to last 2 or 3 years (or more), why would they start a Medicaid application immediately? He/she might not even live that long. Sounds like it would be a waste of their time unless it appear as though Medicaid would be required to pay a portion of nursing home expenses in a year or sooner.
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Call an elder law attorney right away. Also I don't think it is true your assets are going to be spljt down the middle because spousal transfers are exempt. But every state has its own rules ans they are very technical and complicated.
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Reply to Jennyjenjen
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Ask them.
Ask them for a contract that you signed.
Ask them for Medicaid requirements they must legally adhere to.
Call Medicaid.

Get everything in writing.

Gena / Touch Matters
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Reply to TouchMatters
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Helahs: Retain an elder care attorney.
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Reply to Llamalover47
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Of course, you can refuse pick up, if you are unable to care for him.
I honestly don't know what will happen when you do, but I suspect there is a social worker who will work it out. It may leave you broke.
Have you considered living in an assisted living together? You would have to sell all your assets. Typically, Medicaid allows the spouse some assets and determines a "spend down" amount, that is, what the beneficiary can afford to pay monthly, then medicaid covers what you can not afford.
I hope you find the answer. Refuse to bring him home because it is unsafe, and see what happens.
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Reply to CaringWifeAZ
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