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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Medicare Clawback Laws

    My question involves real estate located in the State of: all

    Rather than hijack a thread, I will start this one.

    In this thread: http://www.expertlaw.com/forums/show...262#post251908

    I was getting off track from the OP so to be proper, I figured I would ask in an independant thread.

    My question was regarding Medicares (as Aaron put it) clawback laws that allow them to seek funds from various sources. This particular situation was about a life estate.

    The following question came about in response to Aarons and lwpats posting of the possibility of placing a lein on a property that the medicare recipients connection to the property was as the grantee/grantor of a life estate.
    ================================================== ======

    I was under the understanding there was a standard 5 year rule concerning such an action. Was I misunderstanding or have they been whittleing away at that time constraint?

    and if such an action would be considered an attempt to protect the assets, would the Medicare folks do more than simply lein the property? Would they not actively seek the funds from the (possibly forced) sale of the property rather than wait?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Medicare Clawback Laws

    Without claiming to be an expert in this area....

    Upon applying for Medicaid, there is a three to five year look-back period for assets transferred for less than market value. The discovery of transfers for less than market value can trigger a period of ineligibility for benefits, based upon the value of the property transferred. That can include the value of a remainder interest gifted to your children when you give them a remainder interest in your home and reserve to yourself a life estate. These transfers are presumed by law to have been made in order to qualify for Medicaid, so the onus is on the applicant to prove otherwise.

    Even after a Medicaid recipient qualifies for benefits, a transfer of an exempt asset can potentially render it non-exempt and subject to spend-down rules. States may also seek to recover the value of exempt property, or a portion thereof, after the Medicaid recipient's death, from the person's estate. That, I believe is what concerned lwpat.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Medicare Clawback Laws

    thanks Aaron.

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