42 U.S.C. Section 1396p(b)(B)
Are you age 55 or older, and a single home owner who receives Medicaid,
or suddenly got signed up for Medicaid when you explored the Obamacare
government Affordable Care Act website because you fit the new higher income guidelines for Medicaid under Obamacare?
If you are getting arthritic from living in a cold wet climate, you might be thinking of moving south to a warmer and drier climate; but now you have to figure out if Medicaid / Obamacare has put a lien on your home before you sell it, because they aren’t adequately warning or informing anyone!
How do you find out, before you go to a real estate agent,
how much value you can get out of your home
before Medicaid takes out a lien on it?
People are “screaming” all over the internet that the
new Obamacare Medicaid recipients are not being adequately
warned and informed of the laws they are being
subjected to when they are enrolled in Medicaid.
The new Obamacare Medicaid higher income rules
allow more people into Medicaid, and therefore,
more home owners are at risk of having liens put
on their homes.
The Obamacare government website does not warn
and inform people fairly.
42 U.S.C. Section 1396p(b)(B)
(B) In the case of an individual who was 55 years of age or older
when the individual received such medical assistance,
the State shall seek adjustment or recovery from the individual’s estate,
but only for medical assistance consisting of—
(i) nursing facility services,
home
and
community-based services,
and related hospital
and
prescription drug services,
or
(ii) at the option of the State,
any items
or services
under the State plan
(but not including medical assistance for medicare cost-sharing
or for benefits described in section 1396a(a)(10)(E) of this title).
What does the “or” in the above paragraph mean? Does it mean before you die?
“any items or services under the State plan” of Medicaid/Obamacare
can result in a lien on your home when you are age 55 or older
and just starting to think about selling your house and
moving south to a warmer, drier climate!
U.S.C. Title 42 The Public Health and Welfare Section 1396p
Liens, adjustments and recoveries, and transfer of assets
(a) Imposition of lien against property of an individual on account of medical assistance
rendered to him under a State plan
(1) No lien may be imposed against the property of any individual prior to his death on
account of medical assistance paid or to be paid on his behalf under the State plan,
exept—
(B) in the case of the real property of an individual–
(i) who is an inpatient in a nursing facility, intermediate care facility for the mentally retarded,
or other medical institution, if such individual is required, as a condition of receiving services
in such institution under the State plan, to spend for costs of medical care all but a minimal amount
of his income required for personal needs, and
(ii) with respect to whom the State determines, after notice and opportunity for a hearing
(in accordance with procedures established by the State), that he cannot reasonably
be expected to be discharged from the medical institution and to return home,
except as provided in paragraph (2).
(2) No lien may be imposed under paragraph (1)(B) on such individual’s home if–
[…spouse, ….child who is under age 21…]
(3) Any lien imposed with respect to an individual pursuant to
paragraph (1)(B) shall dissolve upon that
individual’s discharge from the medical institution and return home.
(b) Adjustment or recovery of medical assistance correctly paid under a State plan
(1) No adjustment or recovery of any medical assistance correctly paid
on behalf of an individual under the State plan may be made,
except
that the State shall seek adjustment or recovery of any medical assistance
correctly paid on behalf of an individual under the State plan in the case of the following individuals:
(A) In the case of an individual described in subsection (a)(1)(B) of this section,
the State shall seek adjustment or recovery from the individual’s estate
or upon
sale of the property
subject to a lien imposed on account of medical assistance
paid on behalf of the individual.
(B) In the case of an individual who was 55 years of age or older
when the individual received such medical assistance,
the State shall seek adjustment or recovery from the individual’s estate,
but only for medical assistance consisting of—
(i) nursing facility services,
home
and
community-based services,
and related hospital
and
prescription drug services,
or
(ii) at the option of the State,
any items
or services
under the State plan
(but not including medical assistance for medicare cost-sharing
or for benefits described in section 1396a(a)(10)(E) of this title).
