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Hello. I have a friend of the family who is in a long term care facility due to losing her leg a year ago. While she was there, they discontinued rehab because she was on the wait list for Medicaid and she would not sign over her social security check. Her disabled son was still living in their home. (They are legally required to keep her while she waits, but don't have to provide therapy I guess.) She eventually got approved for some kind of long term Medicaid which has provisions for both a long term care facility, or nursing level care in the home. The problem is she became bed ridden while they would not work with her. She cannot stand and uses a hoyer lift to be able to sit up in her wheelchair. She is also not able to toilet due to not being able to stand and uses diapers. Their house is not handicapped accessible and we don't think her wheelchair would fit through the doorways. The only practical way for her to return home is if she is able to stand, preferably walk, but at least stand. To able to walk she would need to start the process for a prosthetic which they also have not done. Somehow she has avoided signing her check over to them even now that she has Medicaid. Since she won't do that, they are still refusing to give therapy, saying that the funds for therapy would come from her check. In my opinion, they are happy she is bed ridden. As long as she is, she can't go home and they will continue to get paid. What recourse do we have in getting them to provide therapy? She needs to keep her check in order for her son to have a place to live, and maintain their household. Sorry for the long worded post. Any advice is appreciated! Thank you!

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Medicaid needs to be made aware of a disabled son living in the home. Her SS must go towards her care. It is included in the cost of her care. I doubt if she'll ever return home if not accessible.

I bet the NH did the application, right? I bet Medicaid was not told a disabled son was living in the house. If they had been aware things maybe different.

I would talk to the Social Worker at the NH. Ask if they aware of the son and he needs Moms money to live.

Has anyone checked on the son to make sure he has what he needs? I ask because this happened to a woman who was taken out of the home by the Health dept for an infected foot and Dementia. They left the challenged son behind. He keeps in touch with me. I was able to get a caseworker involved and he is now in the same NH as Mom. Hopefully, they will find him a group home eventually.
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Robinnoodle Oct 2019
I agree about the application. It was done in the hospital and a few faux pas were made. Namely she could have received Obamacare Medicaid in the interim with just a small monthly premium. That application would have only taken 30 days, as apposed to the months and months this other Medicaid took. If she had been able to continue therapy uninterrupted, I have a hard time believing she wouldn't be better off. 4-6 weeks of rehab (which is what she got if my memory doesn't fail me) is not enough time for a new amputee. I agree that the hospital most likely did not mention her son being in the home, let alone his disability anywhere in the application. That would have been helpful. I have heard there are provisions for a community spouse to continue to receive income. I don't know if there are any provisions for a disabled child or dependent. I know when they have spoken to her about the check at the NH, she has explained that she needs it to maintain the household and that her son lives there and that he has many health problems. That seems to be sufficient until the issue of therapy comes up. She has also offered to transfer or discharge if billing was too much of an issue, but they don't seem to want to do that either. Like I said, it doesn't seem to be a problem until therapy is broached. She's afraid to push it too hard. Thanks for the reminder about the son, but he is doing ok. His disability is primarily physical but he also has PTSD. No intellectual disability. He is able to manage for himself as long as he has the finances to do so. I know he misses his mom. He has lived with her always. It is hard for both of them in that respect.
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Yes, there are different kinds of Medicaid. Institutional Medicaid assumes poverty. I am not being sassy. I am being a realist.

If son is disabled in some way, he needs to be in touch with social services to obtain his own entitlements.
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Robinnoodle Oct 2019
Telling me she can pay for her therapy when I clearly explained why circumstances will not allow her to do so is being sassy. If you had said, "They won't pay for her therapy," you could argue that that's you being a realist, maybe.
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So, why should the NH do ANYTHING for her if she won't pay them?

Medicaid is for folks who are destitute. If she has other funds, or insurance, she can pay for her therapy.
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I think you need to try to talk her in to paying the nursing home what she owes them. Her social security check is her share of cost. Right now Medicaid aka the taxpayers are paying her way. The term beggars can’t be choosy comes to mind here.

Or perhaps find out if she has Medicare and a supplemental that might cover PT in a skilled nursing facility?
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shad250 Oct 2019
If her son is eligible for disability from Social Security, taxpayers would pay for that.
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She needs to pay her Social Security to the nursing home to help pay for her care. Disabled son needs to get his own disability income.n
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Is your friend cognitively challenged or is she able to understand how that process works?

It's my understanding that the rehab would have been covered by Medicare (if she's on Medicare) for so many days after her entry to rehab. So, if she was not able to leave after that who has been paying?

Is it possible that PT was stopped due to lack of progress?

Plus, if she can't stand, she can't leave with no one to care for her at home. I recently observed a family friend who's husband was in rehab and they (I think the social workers) would not authorize his release because there was not a proper ramp, bathroom or caregivers in his home! I'm not sure how that worked out.
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The question is if the disabled son is eligible for assistance. Has he or she plly for him disability such as SSI, SSDI, through Social Security?
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Robinnoodle Oct 2019
Hi shad. He has applied and it looks like he will be approved, but SSI will not pay enough for him to be able to stay in the home
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What a complicated situation! I think quite honestly that there isn't a whole lot YOU can do to help. The Mom and the son, it sounds like, are going to both need some POA or Guardianship by family; if there is no family able or willing, then by the state. I am actually surprised you are getting as far as you are already with information given you, unless it is all coming from your friend herself.
If she has funds for it she might request a visit from an Elder Law Attorney. I can't imagine you, yourself, can get very far in this.
I surely do wish her luck. This is a tough situation to be certain.
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worriedinCali Oct 2019
shes on Medicaid so clearly she doesn’t have the funds for an attorney.
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The problem lies in the fact that there is no one to pay the skilled therapists. The therapists need to get paid for their work. Normally Medicare or LTC Medicaid or private insurance is billed for the hours of provided skilled therapy, the therapists are paid from them, not from the nursing home. But in this case there seems to be no one to bill, and the therapists are not going to work for free. They are like sub contractors, not direct employees of the NH. If she was approved for LTC Medicaid, it is a requirement that the entire SS check less a small monthly allowance ($60 or so) gets turned over to the NH. If that requirement is not met, I'm not sure what the legal repercussions are nor am I sure if the therapists or NH gets reimbursed for their care.
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Robin, LTC Medicaid in my understanding is hard & fast regarding copay of mo income to NH. Exceptions for community spouse or preexisting dependent. Dependent status can look at past tax filing status (which you said likely wasn’t) or there’s guardianship done - like grandparents who adopt or named guardian for their drug addled or incarcerated kid kids; OR elder is really older dad & has kid from likely younger wife or ex wife. For dependents & SS, payment ea month till 18 based on elders / parents SS & paid separate from elders SS$ retirement income.

If NH resident wasn’t (before going into Nh) drawing her own retirement SS, I don’t think any of this matters. Like it works for a 75 yr old grannie legal guardian for grandkids 7 & 10. Kids can get SS dependents benefit paid based on grans SS award as she’s guardian. I’m pretty sure this is accurate. But this situation is not what you’re describing. The mom is not herself on retirement based SS, right? Son lived with mom for years; is his own person, but not self supporting & relied on moms income to cover his living costs. He’d be out of funds without her SS$ that she should copaying to NH. The copay is not, I’m guessing, not going to be waived to him; he’s probably not legal dependent of hers. He’s got to either to get a job & be on his own & pay all his living costs including her mortgage & house costs OR live on whatever SSDI will pay. Living in mortgaged house days supported by Bank of Mom are over with imho.

To me, having a mortgage is a deal breaker on EVER keeping a homestead once LTC NH Medicaid involved.
4 different fronts on this -
- Medicaid is required to attempt a recovery of all costs paid from her estate. House will be asset of estate. Just how estate recovery (MERP) runs is interdependent on states laws for probate & property rights & how administration code runs for Medicaid. There are exemptions & exclusions to MERP (like disabled heir) but all need to be filed for & with documentation after death. It’s paperwork heavy, you have to be tippy top in detailed documentation on costs since Medicaid started & beyond death. There seems to be oodles of cockups so far... I don’t see him or her being able to do what needed now & him in future to deal with MERP. Unless you are going to make this your new full time project till whenever.
AND
- some states allow for predeath lien on property that basically is a placeholder for Medicaid. To sell or transfer, lien must be satisfied. It’s an unsecured debt so MERP gets $ after mortgage (secured lending) is paid. I think NJ is a predeath lien (Tefra) State. If so, there’s a lien it property already, it’s subterranean but there.
- the required Medicaid copay must be paid. Mom will have no $ to pay mortgage. So either son, family or friends or you pay mortgage. If not, will be foreclosed on. It’s rare that someone will pay another’s mortgage till whenever knowing that they may not ever actually acquire it.
- house has costs..... taxes, insurance. Mortgage requires taxes & insurance paid. If not, mortgage can call in loan. Maybe can folded into redo of mortgage for higher payment, but will trigger a Review of credit worthiness. Not gonna qualify & Medicaid lien will show up in title search. Foreclosure. Whomever paid mortgage has no real recourse to get $ back from sale.

NH if there’s an outstanding bill and she/son have ignored notices, can file a lien on the property. Ability to do this will be in admissions agreement. Could be this has been done & why NH seems to be rather blithely ok with her not being current on the copay.

Keeping home can be done imo if empty or existing living in home elderly sibling or disabled heir; NO MORTGAGE; costs 1 or 2 always in agreement heirs or occupants can afford till forever; heirs have pretty solid shot at MERP exemptions. & makes sense to them & their wallet.

unless you will front $ for all for her, the house, her son, best idea is JoAnn’s. She knows of what she speaks!
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