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Friday, July 30, 2010

Unpaid Nursing Home or Assisted Living Expenses

A situation that often arises is that an individual is dilatory in applying for or receiving Medicaid. Therefore, there could be an amount due to the nursing home.

The question arises as to the method of payment for such past due costs.

A significant administrative law decision takes the position that past due amounts for either nursing home or assisted living costs can be paid by pension and/or social security. The state had maintained that that could not be the case, but the matter has been submitted to the director for final decision.

Currently, the director has accepted the principle of utilizing the pension and/or social security for back payment of institutional costs, but only on a limited basis.

The director will limit the retroactive period to three months.


Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.
© July 2010, Post 112

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