With the major Medicaid (i.e., Medical Assistance in Maryland) changes caused by the enactment of the Deficit Reduction Act and adoption by Maryland, the opportunities for making a mistake and the severity of the penalty increased dramatically. An action, innocently taken within five years of applying for Medicaid, can have dramatic consequences regarding eligibility.

What happens if the application for Medicaid is denied? Who then will pay for the nursing home care? If the nursing home moves for an “involuntary discharge,” what right does the nursing home resident have? If the application is denied, what can be done? What can be done beforehand to as far as asset protection for a nursing home resident’s spouse living in the community? Can funds be set aside to pay for things Medicaid will not pay? What happens if the care at the nursing home results in injury or death of a loved one? If a loved one cannot sign the nursing home contract, should I sign it?