|Posted:||June 10, 2021 11:30 AM|
|From:||Representative Timothy R. Bonner|
|To:||All House members|
|Subject:||Medicaid Guidance Notification to Nursing Home Residents|
|When a loved one enters a nursing home, much confusion and concern exists regarding social adjustment, medical care, financial costs and asset protection. A key concern for all nursing home residents and their families is protecting assets acquired over a lifetime of working that can quickly dissipate in paying the high costs for skilled nursing home care. Medicaid can assist in the payment of these costs and does allow for the protection of assets if appropriate strategies are followed.
Nursing home employees and non-legal agencies are often providing direction and assistance to nursing home residents and their families in deciding whether or not to apply for Medicaid assistance to pay the nursing home costs. Non-legal providers are often unfamiliar with the regulations, complexities and strategies of Medicaid eligibility rules and laws and are not permitted by law to draft deeds, trusts or estate planning documents. Some of these individuals providing assistance may also have a conflict of interest between their obligations to the nursing home and to the resident. Not receiving advice from a professional trained in this area of the law can result in serious financial consequences for the nursing home resident and his/her family members.
In order to make certain that nursing home residents and their family members are aware of their rights and options at the time of entering a nursing home, I am proposing legislation that would provide a standard notice to each nursing home resident and their designated representatives at the time of their admission into a nursing home facility that they have the option of having legal representation to assist with the application for Medicaid benefits.
I hope you will join me in co-sponsoring this legislation.
Introduced as HB1693