Hartford Medicaid attorneys can provide assistance to individuals and families in protecting their assets under Medicaid’s estate recovery rules. Nirenstein, Horowitz & Associates has helped many clients to ensure that instead of losing valuable property under these rules, that property can safely pass on to loved ones. 
It is important to make an asset protection plan, because valuable property could otherwise be lost. Medicaid estate recovery rules allow the state of Connecticut to attempt to recover large amounts of money paid out for certain types of Medicaid benefits. Federal Medicaid laws require the state to attempt to recoup certain costs which were spent on providing Medicare services, and the state of Connecticut complies with this requirement for payments made for some Medicaid beneficiaries, including those beneficiaries who received payments for long-term care costs.
Medicaid estate recovery can cause substantial hardship for families who are not able to pass a legacy down to the next generation as a result of the state making a claim to try to recover Medicaid spending. However, just because the state takes action to try to recover property from the estate of a person who has passed away after collecting Medicaid does not necessarily mean you have to just sit back and allow assets to be lost. Call Nirenstein, Horowitz & Associates today to talk with Hartford Medicaid attorneys who can help you to keep your assets safe.
Medicaid Estate Recovery Rules
Medicaid estate recovery involves the state making claims on a person’s estate after that individual has passed away. Essentially, the state will become like a creditor who seeks to get paid when someone has died. The state makes claims on property that would normally pass through probate to heirs. When assets are distributed or property is sold after a death, the assets or proceeds of the sale could potentially be diverted from chosen heirs to instead being used to repay Medicaid spending.
Medicaid estate recovery doesn’t apply to all kinds of Medicaid benefits. Generally, estate recovery efforts are made only in an attempt to recoup Medicaid spending for long-term care and money spent on people aged 55 or older. Connecticut Mirror reported back in 2014 that Connecticut was actually taking steps to be more restrictive in estate recovery than is allowed by federal law.
According to the Connecticut Mirror, the Connecticut Department of Social Services suspended efforts to recoup Medicaid money spent on people 55 or older unless that money was related to paying for long-term care services. The reprieve applied only to people who are enrolled in HUSKY D.
There are also other limits on Medicaid estate recovery efforts. For example, the state won’t try to recover assets if there is a surviving spouse, children under 21, disabled children or if there is hardship. Because of the different limitations and exceptions, anyone who is using Medicaid services and who is worried about the potential for estate recovery should talk with Hartford Medicaid attorneys about how to protect assets.
How Hartford Medicaid Attorneys Help Protect Assets
Nirenstein, Horowitz & Associates can provide assistance to individuals and their families with the creation of a Medicaid plan that protects assets both during life and after death. There are a variety of legal tools that you can use to ensure that assets do not count as Medicaid resources so you can qualify for Medicaid when you actually need nursing home care.
There are also legal tools that can be used to transfer money and property outside of the standard transfers that take place during the probate process. Using these tools could help you to ensure that your assets are not lost due to the estate recovery process that could otherwise be triggered by your death if you used Medicaid services.
It is best to make plans well before you actually require Medicaid if you want to protect your wealth from being spent down when you need long-term care and if you want to keep you assets safe from Medicaid estate recovery. Nirenstein, Horowitz & Associates can assist you in understanding the rules and in taking asset protection steps.
Getting Help from Hartford Medicaid Attorneys
Nirenstein, Horowitz & Associates knows Connecticut’s Medicaid laws inside and out and has extensive experience helping clients to avoid the Medicaid estate recovery process. We can work with you to keep you wealth safe in any circumstances in which you require Medicaid to pay for long-term care services.
To find out more about the importance of planning for Medicaid and to learn how Hartford Medicaid attorneys can help you, join us for a free seminar. You can also give us a call at 860-548-1000 or contact us online to for personalized advice.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
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