Nursing Home Relief
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 before hand to preserve a nursing home resident’s assets for the spouse living in the community or set aside funds to pay for things Medicaid will not pay?
Our office can help
Medicaid Planning
We walk the family through the Medicaid process and identify opportunities that are unique with each family situation. Then, the recommendations are put in writing for the family to review and a decision is made.
Medicaid Appeals
If an application has already been denied, it is critical that our office become involved as soon as possible to preserve ongoing Medicaid relief as well as the right to appeal. The appeal process is heavily biased against the Medicaid applicant. We will inform the family of issues for their denial, the route that must be taken, and options to correct the error, if applicable, that caused the denial. Let us turn that denial into an eligibility notice.
Nursing Home Contracts
We review the nursing home contract before it is signed. If the application has been denied, there is no question that the nursing home is going to be looking for immediate payment. Let our office help you through this process and avoid the emotional turmoil of going through an involuntary discharge or through collection efforts undertaken against you.
The regulatory rules governing Medicaid and the Medical Assistance program in Maryland are ever changing. The risks of making a mistake are high and the consequences of such a mistake can be devastating. Let us guide you through the process and provide that peace of mind knowing that your have an elder law attorney at your side.
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