It’s a fact. Everybody knows that many elder seniors can only remain in their homes with help. It might be help with general upkeep, or financial matters, or it might be for personal assistance items like help with bathing or preparing meals. What if Mom pays a neighbor or daughter to help her and some years later needs a nursing home?
It will shock many to know that the Michigan Medicaid Department will penalize seniors who use money to stay out of the nursing home. Those payments will be deemed “divestment of assets” so that the senior can qualify for Medicaid financial assistance in a nursing home sooner. Talk about bureaucratic logic! Elders get help in home to stay out of a nursing home not to get in it sooner!
Note: So far we have not heard of problems for families who hire a commercial agency to provide these personal, in-home services.
Michigan Elder Law Attorneys gave notice to the Michigan Department of Health and Human Services that its policy is not in compliance with the law. So far the Department has not made changes, but reports are that families who hire lawyers to apply for Medicaid don’t have any problems getting approved.
The Elder Law and Disability Rights Section of the Michigan Bar will meet in early January to review the problem further. We’ll be updating as soon as more information comes in.
Have any questions? Give us a call, (248) 356- 3500 , leave a message and we’ll get back to you within 24 hours.