12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Rules of Eligibility on Medicaid in Buxton, OR

Rules of Eligibility on Medicaid in Buxton, OR


You don't get to choose how you're going to die, or when. You can only decide how you're going to live.
 
- Joan Baez


Medicaid, which is distinct from Medicare, provides health coverage to nearly 60 million children, families, pregnant women, the elderly, and people with disabilities. Medicaid covers US citizens and eligible immigrants and is generally provided for low income citizens.

Medicaid can pay for nursing home costs for senior citizens with few assets and low income. In some cases, this applies to senior citizens who have already spent almost all their savings paying their residential facility or home care and cannot sustain the expense.

In the case where one spouse lives at home and the other in a long term care facility, Medicaid can allow more assets to be retained while still qualifying for Medicaid. Planning plays an important role so that Medicaid can pay the nursing costs of for an elderly patient in a medical facility.

When does Medicaid Pay for Assisted Living or Nursing Home?

Medicaid provides for people with low income and limited assets. The program is a joint project by the state and federal government to assist senior citizens in terms of their assisted living care or nursing home needs. The state administers the program and has certain requirements for an elderly to qualify for the benefits.

Long Term Care Requirements

Long term care consists not only of medical care but also personal services for people who are ill and disabled.

State Provided Medicaid

Medicaid recipients will avail of the nursing facilities provided by every state for free. The state will also pay for the home health care services of the recipients who qualify for nursing home care. Medicaid funding can be used by the state to provide long term care services like health aides to those who are not qualified for assisted living facilities and in-home services.

Facilities Accepting Medicaid

Since Medicaid has certain mandatory federal requirements, not all nursing home or assisted living facilities accept Medicaid payments. There are facilities that accept Medicaid and they are subject to periodic inspection to make sure they meet the federal standards set by the state. You need to check with the facility to determine if they take Medicaid patients.

Medical Eligibility

Seniors are not the only persons assisted by Medicaid. Adults and young children who have needs for a nursing home care are also medically eligible for Medicaid after satisfying the requirements of the state. As long as it is proven "medically necessary" for a patient to be placed in a nursing home or health care facilities, and you meet the asset and income criteria, Medicaid will shoulder the expenses.

Financial Eligibility

Depending on the state where you are residing, Medicaid eligibility is set by the federal SSI (Supplemental Security Income). SSI also set the income limits.

Income Limits

Flexible medical guidelines are available in most state for long-term Medicaid reimbursement. These income guidelines depend upon the type of the long term program being applied for and used.

"Medically Needy" Guidelines

"Medically needy" refers to those people who have high income and assets yet their medical expenses are also very high. This means that their income is reduced. In Medicaid terms, this is referred to as "spending down".

Resource Limits

A person who has "spent down" would be eligible to qualify for Medicaid assistance. This is after a person's assets are higher than the Medicaid resource limit.

Asset Transfer

You can diminish your assets or do whatever you like while you are "spending down", getting below the qualifying asset criteria for Medicaid. However, you may not give away assets for less than market value. Medicaid will track your finances for the past five years to determine if your transferred assets in order to qualify for Medicaid. If they determine that you have done so, you will be ineligible to apply for Medicaid for a certain period. Penalty charges may also apply, even after restrictions are lifted and you will legally qualify for Medicaid assistance.

Contribution to Cost of Care

Before Medicaid pays for your care, they expect your available income would go to the long term medical care at a nursing home or other healthcare facility and you will only be allowed to keep a small fixed amount for your "personal needs allowance". The amount that you will be allowed to keep will depend on state laws and the arrangement you made with your healthcare facility. Arrangement can also be made for persons with more than what is allowed for Medicaid eligibility assets to put it in a trust in order to qualify for Medicaid. When the person dies, the trust proceeds will be paid to any long term medical care that was provided for by Medicaid. The rest, which may not be much, will go to the heirs.

Spousal Improvised Protection

Married couples who have one member needing a long-term care services will not be required by Medicaid to give up assets and income in order for the other who need health care to qualify for Medicaid. The healthy spouse is still allowed to live in the community and keep assets ranging from $22,000 to $110,000 depending on the state rules.

Future Medicaid Claim against Your Estate

Medicaid will claim your estate only if:

• You are 55 year old and receiving long-term medical care

• You are permanently institutionalized before you turn 55 year old

• If you pass away, Medicaid will have a claim on your estate for the amount they have spend to care for you (Medicaid estate recovery)

Medicaid will only claim your estate after your remaining spouse dies and you have not left behind any minor or disabled children.

 
Personalize & Print a Free OR Living Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Related Legal Services near Buxton, OR
Randall Vogt, P.C.
1314 NW Irving St Suite 207
Portland, OR 97209
(503) 228-9858
Sexual Harassment Attorneys, Litigation & Tort Attorneys, Civil Litigation & Trial Law Attorneys, Cr
Singer Richard
380 NW 13th Ave
Portland, OR 97209
(503) 224-9544
Attorneys, Legal Service Plans
Rylander Kurt
406 NW 12th Ave
Portland, OR 97209
(503) 525-9181
Attorneys
Paulson Coletti Trial Attorneys PC
1022 NW Marshall St Suite 450
Portland, OR 97209
(503) 928-8985
Civil Litigation & Trial Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Personal Injury Law At
Cunningham Thomas
812 NW 17th Ave
Portland, OR 97209
(503) 220-8870
Attorneys
Stavley Chad
434 NW 19th Ave
Portland, OR 97209
(503) 546-8812
General Practice Attorneys, Attorneys, Legal Service Plans
Paul F Sherman Law Offices
1314 NW Irving St Apt 207
Portland, OR 97209
(503) 223-8441
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
Stalnaker Jr Thurl
405 NW 18th Ave # 200
Portland, OR 97209
(503) 227-7851
Attorneys, Legal Service Plans
Dowling Aaron & Keeler
1623 NW 19th Ave
Portland, OR 97209
(503) 222-7575
Attorneys
Darin Wisehart
2080 NW Everett St Ste 201
Portland, OR 97209
(971) 279-7443
Bankruptcy Law Attorneys, Tax Attorneys, Attorneys
Freedman Thomas
312 NW 10th Ave # 2
Portland, OR 97209
(503) 467-7257
Attorneys
Bradach Law Offices
800 NW 6th Ave # 209
Portland, OR 97209
(503) 238-7170
General Practice Attorneys, Attorneys, Legal Service Plans
Pearl Legal GROUP Pc
1010 NW Flanders St
Portland, OR 97209
(503) 445-7101
Attorneys, Legal Service Plans
Clark Lance R
821 NW Flanders St # 330
Portland, OR 97209
(503) 284-6899
Attorneys, Attorneys Referral & Information Service
Paulson Coletti Trial Attorneys
1022 NW Marshall St
Portland, OR 97209
(503) 226-6361
Attorneys, Civil Litigation & Trial Law Attorneys
Highet Cathy
1635 NW Johnson St
Portland, OR 97209
(503) 226-6111
Attorneys
Edward T. Leclaire
222 NW 4th Ave Ste 106
Portland, OR 97209
(503) 753-5778
Attorneys, Legal Service Plans
Shomloo David N
222 NW Davis St # 402
Portland, OR 97209
(503) 220-5045
Attorneys, Legal Service Plans
Western Litigation Inc
1919 NW Lovejoy St
Portland, OR 97209
(503) 415-5010
Estate Planning Attorneys
Fucile Mark J Attorney
115 NW 1st Ave Ste 401
Portland, OR 97209
(503) 224-4895
Attorneys, Legal Service Plans
Fucile & Reising LLP
115 NW 1st Ave Ste 401
Portland, OR 97209
(503) 224-4892
Attorneys
Robertson Melissa M
1125 NW Couch St
Portland, OR 97209
(503) 943-4850
Attorneys
Schickli Scott E
1120 NW Couch St # 200
Portland, OR 97209
(503) 943-4830
Attorneys, Legal Service Plans
Steve Lindsey P.C.
405 NW 18th Ave
Portland, OR 97209
(503) 223-4822
Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US