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As of today, (I’m mom’s POA) we are still one month in arrears to the NH for mom’s “room & board” or “personal income” payment.


Will Medicaid try to recoup that months payment after mom passes away even though there may not be any money left in her checking account?


Mom has no other assets.

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My understanding is that it’s not so much a future recoup by medicaid that’s the problem but rather that the NH can contact Medicaid and report that your mom is non compliant for the required copay or SOC (share of cost) as of this month.

And because of noncompliance, NH can send your mom &/or you as her DPOA a “30 Day Notice”. Really try not to have it get to this.

A 30 Day letter usually reads that unless she is becomes current on her bill within 30 days, she can be evicted OR the NH can request APS to step in to ask the court to get an emergency ward of the state order placed on your mom with a court appointed guardian named. 30 Day Notice letter usually will have it CC’d to State Medicaid, Area of Aging local office, APS and the name of a local or regional probono legal clinic.

Try to get past due paid to some degree or in full as much as you can.
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Hangingon61 Oct 2018
Yes, thank you for that igloo572 but I don’t think they can “evict” my mom since she’s no place to go if they throw her out.
She has no home to go to.
Would they really set her out in the street??
And as far as becoming “current” or paying the month that’s due, there is no money to do so.
My mom doesn’t have it, nor do I.
That old saying comes to mind “you can’t get blood from a stone”..
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Mom won’t be put out on the curb but a ward of the state action can be done. If the NH sends you or gives your mom a “30 Day Notice”, it isn’t unusual. Their often sent routinely as it’s over the standard amount of time for Medicaid approval for your state, so it’s a nudge by the NH for you to get onto the caseworker to get the application completed.

But a “30 Day Notice” for past due bill is different and what happens depends on this NH management. For my mom’s 1st NH, it meant the NH was pretty well over dealing with late payments or noncompliance & got APS to get judge to do orders turning the elder over to become a ward of the state. A lady across the hall from my mom had this happen to her as her son refused to deal with her bill; the guardian moved her to another NH and son was not told. The lady was sweet, I cannot imagine how horrific this was for her.

In a 30Day letter, the CC’d to the state, or APS, or legal clinic is put in to give you fair warning that others have been notified of the situation. NH can ask APS to petition court for them to be named guardian or APS can ask court for a guardian name from a list that the court has on file for vetted / approved guardians. Judges sign off on these all the time, it is done for the best interest of a vulnerable adult. If this happens then Whomever named guardian then in total control of your mom as she is their ward. If they want to move her to another NH, they can. All her financials & medical are under their control.

Really try to do whatever you can to get her current - get a part time job, sell something, walk more dogs. In the past you’ve posted about your mom having RM $ and gifting you $, paying some of your bills - like car bills. If you’ve managed to get her eligible & approved for Medicaid without these being found out consider yourself beyond very lucky. The amounts must have been small enough not to show up on the caseworkers radar. But if court makes your mom a ward of the state, that court appointed guardian can reopen her application and go through all her financials and something will surface on her gifting to you.
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I don't understand. Is Mom receiving Medicaid? If so, doesn't her SS and/or pension go to the home? I had Moms turned over to the NH, they became her payee. Or, were you private pay waiting for Medicaid to be approved?

Your question concerning Medicaid recouping. They will send a letter asking for money but you will respond telling them that there is no estate. You will not be responsible for payment.
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k12144 Oct 2018
That's what I wondered, too. I don't know if my mom's SS would have gone straight to the NH, but if it hadn't, I would have just taken it and paid it to them. It would have gone there first, not to pay other bills (because it's my understanding that that's the way it has to be). I had asked recently how on earth I handle her other bills if she's not left much per month by Medicaid... the answer pretty much was, I'm SOL and I guess anything I'd want paid (like her rent or car insurance) would have to come out of my pocket.
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Hanging, if your mom is on NH Medicaid, then all of her income ( Social Security, pension), save her personal needs allowance, is supposed to be paid to the NH as her share of the cost.

Was mom admitted to the NH " Medicaid Pending"? If so, have you asked why Medicaid was not retroactive to the first day of her stay?
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My mom has been receiving Medicaid for a long time (she’s 83 & went on it after my dad passed in 91’).
Her RM was taken out in 96”.
She can’t acess anything from the RM since she’s not living in the house anymore.
My mom was admitted to the NH (from rehab) in May 2018.
I didn’t know that her SS & SSI would be taken (for May) until middle of June when I spoke to the administrator.
So I was paying her house bills w/her money & come Mid June when I received her invoice from the NH saying that they wanted May & June’s payment, May’s money had already been spent.
So all that could be paid from mom’s checking account would be for June.
So that makes her one month behind (technically still owing for May).
Thing is I’m working day & night to support myself, barely making it.
I have no extra money to pay off mom’s NH debt.
I’m not worried about any “ward of the state” thing happening because THEY will find there’s NO MONEY anywhere either.
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In reading this question again, I think something needs to be cleared up.
Medicaid does not receive the SS and/or pension. The home does. So Medicaid cannot recoup what is the "residents share". They try to recoup what they have paid out.

Once a parent is in a NH on Medicaid or Medicaid pending, their money now goes for their care. If there is a house, none of their money can be used for utilities, taxes, insurance or upkeep. I had a disabled nephew living in Moms so the utilities got paid. But upkeep and taxes didn't. So now, the house is falling apart and taxes and Medicaid recoup total 16k which I am not responsible for because there is no money.
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