Can a Nursing Home Evict a Resident While a Medicaid Application is Pending

[Rob517]

My question involves a person located in the state of: Michigan

Mom is a nursing home for the second time. Certified as disabled by the state and receives benefits. Currently a "private pay" resident of a nursing home with no plans to return home due to the 24 hour care needed. Nursing home admissions wants us to file a Medicaid application so they can submit it. We cannot afford an attorney as this all happened so fast. Free legal aid here is limited on what they can assist with. Here are my questions:

1. Can she be evicted from the nursing home while in "pending medicaid" status in Michigan? She's on about 12 meds a day, cannot bathe or even apply her own briefs. She can't cook or make her own meals either. She will run out of money by the end of this month.

2. Can she continue to pay her rent for her duplex this month, while she still has the ability to do so in case she is kicked out? Otherwise she will have no place to live.

3. She has no car (she can't drive) owns nothing (no home, she rents) besides personal property and some cash that is going to be gone after paying for this stay in the nursing home. What are our options to keep her in the home while she waits for medicaid?

Thanks for the help.

[Mr. Knowitall]

As a general rule, Michigan does permit the eviction of a nursing home resident for nonpayment. See MCL Sec. 333.21733. If the home wants her to file the application, it's reasonable to infer that they want to keep her in residence -- but that they want to get paid.

Are you your mother's guardian? Are you acting pursuant to a power of attorney?

[HRinDEVON]

You can file for Medicare wo an attorney....

The facility has a right to get paid....they need to follow the 30 day notice rule ..but if they sense they won't get paid..they sure may follow it to a T

Pay the bills that must be paid....

If Mom has most of her marbles, you might be wise to have her appoint you her durable POA if that is not in place already.....

[BooRennie]

You can file for Medicare wo an attorney....

The facility has a right to get paid....they need to follow the 30 day notice rule ..but if they sense they won't get paid..they sure may follow it to a T

Pay the bills that must be paid....

If Mom has most of her marbles, you might be wise to have her appoint you her durable POA if that is not in place already.....

Medicaid. Not Medicare. Don't you even read before you type?

[HRinDEVON]

OK, one can apply for Medicaid WO services of attorney ..

[Blossom]

I am a long term care Medicaid caseworker in Ohio.

I can't comment specifically on Michigan's Medicaid rules as Medicaid differs somewhat by state.

However, I can tell you that at least here in Ohio we're expected to complete processing of all of our new Medicaid applications within 30 days. 45 for married couples, due to the additional complexity.

Given that Mom appears to have few resources, the application process should be fairly simple for the worker, and should not necessitate an attorney on your part.

Has Mom transferred, sold or given away resources in the past 5 years? Medicaid has a 5 year look back period for transfers of resources.

Be prepared to provide the caseworker with 5 years of bank statements and 5 years of statements for any investment accounts, annuities, etc. Verification of any stocks or bonds.

Birth certificate. ID. Social Security and Medicare cards.

Verification of all income.

Verification of any out of pocket medical expenses including any medical insurance she may have besides Medicare.

Verification of any life insurance policies, prepaid burial contracts, and cemetery plots.

The better prepared and more cooperative you are, the faster the process will go.

I agree with Mr. Knowitall. The nursing home can evict her, but they likely won't, pending the outcome of a Medicaid application. We (long term care caseworkers) work closely with local nursing homes, and they understand the Medicaid application process and the length of time it takes.

The caseworker can look for eligibility for retroactive Medicaid coverage prior to the date of application. This would cover any unpaid nursing home stay prior to Medicaid approval. It's 3 months retro coverage in Ohio. I don't know about Michigan specifically. Be sure to let the caseworker know you want retro coverage.

I hope this helps. Good luck.

- - - Updated - - -

As for rent, keep in mind that if Mom remains in the nursing home and is receiving Medicaid, that she may be responsible for a patient liability. It's a portion of her income owed to the nursing home each month.

Here in Ohio for a single person with no dependents, it's all monthly income minus a $50 personal needs allowance ($30 for a person with SSI income only) and minus any allowable out of pocket medical expenses.

[comment/ator]

Please keep in mind during this process that the nursing home is not your enemy, that hundreds and thousands of other people have been in this situation, and that throwing her out is NOT their goal. Start the Medicaid process. It has been my experience that you will find that the people you deal with will be quite helpful, and will move forward very smoothly to help your mother without there being any kind of break in her coverage and services that would entail her moving

Do be aware, however, that she legitimately does owe the nursing facility for her care. If she has assets, there's no real way at this point that you can "save" or set aside these assets for her heirs. They must be used up to pay for her care before she uses Medicaid.