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my mom quit claimed her house to my brother one year ago. he put her in nursing home 2 weeks later. now she will be going on medicaid. will Medicaid take the house from my brother. she is in assisted living now but her funds have been exhausted.
Your profile states Mom is in assisted living. If that is the case and your brother provided medically necessary care for a minimum of two years Medicaid will penalize your mom for gifting house to your brother. But, if she is in a nursing home and brother provided medically necessary care then there may be an exemption for the penalties of Medicaid. The facility according to Medicaid regs must be a nursing home, which in my opinion should be changed to also exempt memory care.
As Igloo explained, no, Medicaid will not take the house from Brother or place a lien on it. It was Mother's asset, Mother gave it away, and Mother is applying for Medicaid. The penalty will be on Mother, not Brother. This transaction can make her ineligible for Medicaid for a considerable period of time.
Her house had a value at the time of the Quit Claim. Usually the last tax assessor statement value or a valid appraisal done by a registered & licensed appraiser. That value will be considered "gifting" and place a transfer penalty on mom's Medicaid eligibility.
The penalty is derived roughly a formula based on your states medicaid daily reimbursement rate for room & board. So $ 100,000 home with state rate of $ 175 a day, means 571 days of ineligibility of NH Medicaid for your mom.
Assessor records dovetail with state database and the QCD will show up eventually. Mom will be found to be ineligible for Medicaid to pay for the NH even though she is qualified and "at need" now for income. Medicaid will sent mom, whomever is her DPOA or contact as indicated in the Medicaid application AND the NH a notification of her ineligibility. The NH will fully expect to be paid (as Medicaid will not be paying them) and for family the choices are limited…. - someone signs off a private pay contract at the NH along with funds to pay the past due; - someone in the family moves mom into their home (the NH debt still is there and will be turned over to collections); - family walk on mom and let mom become a ward of the state with a court appointed non-family guardian; - brother signs his own QCD of the home back to mom and the house then become an exempt asset for her and allowed by medicaid (there have been several on this site who have had to do the do-over of a QCD, it is the simplest way out of this mess) and either family pay all house costs but do not own it & deal with estate recovery & probate later on OR sell it for mom; - Brother cancels the QCD and buys the house at FMV or assessor value from mom and mom does a spend down of the $ till she qualifies for Medicaid.
Regarding keeping the house, although having them continue to keep their home & the fact that Medicaid allows for the home to be an exempt asset sounds just fabulous, it poses problems. Mom's income must be paid to the NH as her co-pay or SOC (share of cost). Mom realistically will have no-none-nada of $ anymore to pay on anything on her home anymore. Someone will have to pay all costs on the property and from day 1 of Nh Medicaid approval till she dies and then through the MERP &/or or probate process. Upon death it then becomes an asset of her estate. Medicaid is required to attempt a recovery of all costs paid by Medicaid from her estate via MERP. If family ignores MERP or doesn't open probate, the Medicaid lein on the properly will be placed and caused a "cloud" on the title which means it cannot be sold or any equity lending done on the property will the cloud is lifted by payment to Medicaid.
Eventually a match up on assets will be done and the transfer will surface. If you signed off on the admissions documents for mom (& not your brother), the NH will come after you to pay mom's debt. A NH can run from 5k to 15K a month, the debt could be quite large within a year or so. The Medicaid application probably has some wording on accuracy of information provided with fines if not or APS investigation if things done fraudulently.
I agree with comments above, but I would also explore the legal implications of the Quit claim deed. That term may have special meaning in your state. I might inquire how that differs from a regular deed. An attorney would be able to explore what if any significance there is. Did an attorney prepare that deed or was it done without legal advice? I would explore that as it could have implications.
Yes, Medicaid will view the Quit-claim to your brother as a "gift". Thus Medicaid can place a lien on the house.
There are exceptions and you or your brother would need to check with the State Medicaid office. Now, if your brother was providing around the clock care of his Mother for at least two years which kept his Mom out of a nursing home, and has proof of this claim, then Medicaid might not place a lien on the house. The proof would be that he was doing the work of 3 full-time caregivers each day, with doctor written requirements that his Mom needed this care.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Medicaid has no authority over Brother.
The penalty is derived roughly a formula based on your states medicaid daily reimbursement rate for room & board. So $ 100,000 home with state rate of $ 175 a day, means 571 days of ineligibility of NH Medicaid for your mom.
Assessor records dovetail with state database and the QCD will show up eventually. Mom will be found to be ineligible for Medicaid to pay for the NH even though she is qualified and "at need" now for income. Medicaid will sent mom, whomever is her DPOA or contact as indicated in the Medicaid application AND the NH a notification of her ineligibility. The NH will fully expect to be paid (as Medicaid will not be paying them) and for family the choices are limited….
- someone signs off a private pay contract at the NH along with funds to pay the past due;
- someone in the family moves mom into their home (the NH debt still is there and will be turned over to collections);
- family walk on mom and let mom become a ward of the state with a court appointed non-family guardian;
- brother signs his own QCD of the home back to mom and the house then become an exempt asset for her and allowed by medicaid (there have been several on this site who have had to do the do-over of a QCD, it is the simplest way out of this mess) and either family pay all house costs but do not own it & deal with estate recovery & probate later on OR sell it for mom;
- Brother cancels the QCD and buys the house at FMV or assessor value from mom and mom does a spend down of the $ till she qualifies for Medicaid.
Regarding keeping the house, although having them continue to keep their home & the fact that Medicaid allows for the home to be an exempt asset sounds just fabulous, it poses problems. Mom's income must be paid to the NH as her co-pay or SOC (share of cost). Mom realistically will have no-none-nada of $ anymore to pay on anything on her home anymore. Someone will have to pay all costs on the property and from day 1 of Nh Medicaid approval till she dies and then through the MERP &/or or probate process. Upon death it then becomes an asset of her estate. Medicaid is required to attempt a recovery of all costs paid by Medicaid from her estate via MERP. If family ignores MERP or doesn't open probate, the Medicaid lein on the properly will be placed and caused a "cloud" on the title which means it cannot be sold or any equity lending done on the property will the cloud is lifted by payment to Medicaid.
Eventually a match up on assets will be done and the transfer will surface. If you signed off on the admissions documents for mom (& not your brother), the NH will come after you to pay mom's debt. A NH can run from 5k to 15K a month, the debt could be quite large within a year or so. The Medicaid application probably has some wording on accuracy of information provided with fines if not or APS investigation if things done fraudulently.
There are exceptions and you or your brother would need to check with the State Medicaid office. Now, if your brother was providing around the clock care of his Mother for at least two years which kept his Mom out of a nursing home, and has proof of this claim, then Medicaid might not place a lien on the house. The proof would be that he was doing the work of 3 full-time caregivers each day, with doctor written requirements that his Mom needed this care.