Attorney Rebecca Eyman discusses financial considerations when planning for long-term care.
Rebecca Eyman
Associate Attorney
[email protected]
(208) 765-3595 (office)
(208) 765-0515 (fax)
Coyle & Wytychak Elder Law
POB 1888, Coeur d' Alene, Idaho 83816
www.cwelp.com
Show Transcript
Welcome to it's just wallpaper, a podcast dedicated to providing solutions for seniors and families dealing with life changing health and living conditions. Your host Tom Deutsch is a graduate of Columbia University School of Public Health and administrative medicine. Tom brings 43 years of executive experience working for the care and well being of senior citizens with credentials and licenses as a nursing home administrator, life insurance agent with a long term care endorsement, professional guardian and court appointed guardian ad litem in over 1500 cases. Tom brings a lifetime of knowledge to help you and your family make the best decisions you can. And now from our studio in Coeur d'Alene, Idaho, here is Tom Deutsch.
Welcome to Woods just wallpaper. It is our aim through these podcasts to provide our listeners with thoughtful information and resources to enable them to make the best decisions the first time. Today, the name of our podcast is you can't give it away. When someone finds themselves in a situation in which they require post hospital care, or can no longer live at home, or need help at home. The foremost question is often who is going to pay for it. During our previous podcasts, we've discussed major health care benefits programs. For a quick review. Medicare, as opposed to Medicaid is a federal program designed to meet skilled care needs. This is generally for a short period of time, although maximum benefits could go up to 100 days. Examples of skilled care could include rehabilitation following a stroke, fracture, administration of IV medication to feeding or intensive nursing, the care must be delivered at a skilled nursing facility. In essence, the general rule is that you are going to get better. Medicare is not a long term care solution. Another not federally funded program is private pay, where care is paid for personally or by family members. We will be talking about long term care insurance and what's covered in separate programming. This now brings us to Medicaid, which in many instances is state specific program, the Medicaid program can assist those who qualify with what is called custodial care. This type of care is needed by individuals who could no longer live independently. Besides institutionalized care, there may be some limited benefit for care in the home. I have met many people who operate under the assumption that they can simply give away their money or sign their property over to others, and the government will simply take care of them. Today, we're again joined by attorney Rebecca Iman, with the quarter lane law firm of coil and whitey check elder law. Although there are guidelines specifically states, I have asked Rebecca to give us a basic general outline of qualifications. My understanding is there are two factors needed to be eligible. One is actual need, and the other is financial. Although at best, there are variations. I've asked Rebecca to focus on a single individual that has a home and Social Security. So beginning if eligible, how does the State agency Rebecca, look at this person?
So that your introduction was absolutely right, Tom, the state is going to look at both the medical need and the financial need of the individual. And it's it's a little bit easier just to look at an unmarried person because I will say that married couples the analysis is more complicated, but the state is going to ask first, is there a medical need for this person to be in some sort of long term custodial care? And second, financially, do they need support to pay for it? So that's sort of the the two step analysis taken by the state.
Let's talk about a person that has a home and I know there are all kinds of ways to go but let's say they own their home. It's debt free. They have some money in the bank. Let's say they have $10,000. And they're single, and they need to go into a care facility. And they now have made application. What happens?
So this is a really, that sounds like a really common scenario that could that could describe any one of my many clients who have found themselves struggling to figure out how they're going to pay for nursing home. So let's say just hypothetically this person has a medical need can be shown because I'll tell you, that's not usually the factor. Usually, it's pretty clear that due to medical issues, long term care is needed. So then the state's going to look at income and assets. So let's focus on assets first, because that's what your question presented. So this person owns his own home, and he's got some money in the bank. So every state, I will back up and note that every state has its own interpretation of Medicaid, which is a federal program applied by the states. Some states stick to social security rules when it comes to financial need, and others have their own limits. But I'll just describe Idaho's financial analysis, which allows for exempt assets and non exempt assets. So certain items can just be taken off the table when it comes to countable assets, and the home is one of those. So if a person owns a home, but is moving into the nursing home, they don't have to sell it to pay for care, not necessarily some other exempt assets or vehicle. Even if they can't drive, some irrevocable funeral and burial pre payment plans and a variety of other assets, then everything else is going to be fair game, those are your non exempt assets, your bank accounts, your cash on hand, etc. So this person has $10,000 in non exempt assets, because his home is exempt. In the state of Idaho, he can have 2000. So that means he's 8000 too high, he needs to spend down $8,000, before he can go on Medicaid. And if he's paying for nursing home out of pocket, it won't take very long before he spent that
in again, we're only looking at the state of Idaho, because every state we know is different. The person is now the single person is now in the nursing home. What happens to the house at one point does the sale is this is a house is there a trigger for the sale of the house.
You know, it is at least in Idaho, there's this sort of as long as there's a vague intent to return to the home, even potentially, hypothetically, they won't force a sale of the home. One thing and I might be jumping ahead a little bit is that the state will ultimately lien the home for any amount they've paid out in care and will want to get paid back after the Medicaid recipient dies.
Okay. So that that's a really, very important point, I want our listeners to know that if there is any possibility that the patient may return to the home, that the state is not going to force the sale of the home.
That's correct,
right. And However, if the state is paying for care, at a skilled nursing facility at an assisted living type situation where they're getting care, then the state ultimately is going to try to recover their out of pocket expense from that home,
right from the estate. So not not until after that person dies, but they'll hope to recoup that. So they can apply those funds towards someone else in need with the state put a lien on the house. Yes.
Effectively when the person goes in the facility.
Exactly. And although they can't recover against the lien until that person dies, they'll lean it to sort of hold their place in line so to speak. Okay, so, again, let's say this is our individual
is in the nursing home, and the individual has a will. And the will says I'm glad you're the attorney here, okay. The wheel says, I want to give this house to my son a...