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Question and Answer


(Please note that the following information relates only to long-term care Medicaid in Louisiana based on 2005 guidelines.)
  1. Long-term care Medicaid covers what types of care?
    • Traditional nursing home care (A few nursing homes have waiting lists but most are available on demand.)
    • In-home personal care assistant through the Waiver program (There is a waiting list for this care.)
    • Attendance at Adult Day Health Care Centers through the Waiver program (There is a waiting list for this care and centers are not available in all areas of Louisiana.)
  2. If I am a Medicaid recipient in a nursing home, will the care I receive be any different than the care received by the private-pay patient?
    There is absolutely no difference in care given to Medicaid patients and private-pay patients.  Federal and state laws prohibit this practice and no evidence has been seen or reported to substantiate any differentiation in care.

  3. Does Louisiana long-term care Medicaid recognize the provisions of pre-nuptial agreements?
    No, the provisions of the pre-nuptial agreements are not recognized in Louisiana for Medicaid purposes.  The assets/resources of both spouses are considered for eligibility purposes regardless of the conditions stated in a pre-nuptial agreement.

  4. Does it matter when I apply for Medicaid?
    Yes, it does matter. As cited in the example illustrated in question 14 above, if the applicant has made a donation/transfer of assets for less than fair market value (filed after February 8, 2006) during the 5-year look-back period prior to Medicaid application, he can suffer a penalty period of ineligibility that does not start until the Medicaid application is made. If the application is made after the 5-year look-back has expired, there would be no penalty period.

    However, applying for Medicaid too late can result in the unnecessary expenditure of funds for nursing home care.  Example: Mrs. W put her husband into the nursing home in December as a private-pay patient. It was not until February 2009 that she realized her husband met all the eligibility requirements for Medicaid effective on the date of admission. Mrs. W is unable to recoup the private pay payments she had made unnecessarily for her husband.

  5. What is estate recovery?

    Estate Recovery is a means implemented by the State of Louisiana to recoup Medicaid funds paid for an individual from his estate after death. The law has been on the books for some time in Louisiana but only recently has the State begun aggressive implementation of the law. Liens are put on home property after the death of the Medicaid recipient to recover the amount of Medicaid monies spent on this individual. Delays in the placement of the lien can be made if a spouse or disabled child continues to live in the home property after the Medicaid applicant dies.

    There are also other exceptions to the enforcement of the estate recovery provisions so it is important that you consult with Senior Financial Protection LLC regarding the current rules and regulations.

To schedule a consultation or to request more information, please Contact Senior Financial Protection LLC
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