Nursing home Medicaid is a program from the Federal government that is administered by the Georgia Department of Community Health to pay for nursing home care for those who have a medical need for such care. Along with having a medical need for nursing home case, an applicant for nursing home Medicaid must satisfy income and asset tests to receive nursing home Medicaid. These income and assets tests are complex, so it is recommended that one seek the advice of an experienced elder law attorney when reducing resources to qualify for Medicaid.
Along with satisfying the income and asset test to receive nursing home Medicaid, an applicant should plan on managing the amount of money that will be owed to Medicaid on their death. This is called estate recovery. The Georgia Department of Community Health can assert a claim on the assets of a Medicaid recipient up to the value of the care that Medicaid covered after the recipient turned 65. It is important to review this claim for errors, as it is not uncommon for the claim to contain charges for services that the deceased Medicaid recipient never received. The personal representative, who is appointed by the probate court to administer the estate, should check that the Department of Community Health is not pursuing a claim for reimbursement against assets that are protected from such a claim. In Georgia, Medicaid claims can only collect against assets of the deceased’s probate estate; nonprobate assets are exempt from Medicaid claims. Nonprobate assets are those assets that pass automatically at death and not through the probate process, and include homes owned As joint tenants with rights of survivorship, retirement accounts, and typically proceeds from life insurance policies. If you receive a claim for reimbursement for money spent for a Medicaid recipient, it is advisable to hire an experienced elder law attorney to review the claim. This could save the deceased’s estate thousands of dollars.