My dad has several bank accounts, we r doing the "spend down" and closing the accounts as we empty them. We r leaving one account open with the minimum allowable $ in it. And second, if we don't claim the 1099 or whichever form it is on his taxes for next year, how would medicaid find out there was ever any money there to begin with. Hopefully not to confusing. Really hoping that ( igloo572) can help answer this
We had a devil of a time with Medicaid for my dad, because he had an old conversion van he was going to sell to my son for $300. Unfortunately, just after my son went and transferred the title to his name, put plates and insurance on it (but before he paid my dad for it), the van suffered a major breakdown and was not repairable - so Dad said consider it paid for. Medicaid didn't see it that way. I had to go back to the junkyard that we had come pick it up because it wouldn't run and get a written statement from them that the van had no monetary value when they took it, and the only value it had was for scrap - THAT'S how picky they are. A van worth absolutely nothing was considered a divested asset.
What I think Medicaid looks for is a "pattern of spending" that makes sense for what their bank statements are like combined with their monthly income and IRS info. Realize that they have to provide documentation on their income (like the annual statement from SS). If your state does an IRS match-up with 1099's, you really have to include all those accounts which produce any income as they will show up in the review eventually.
Medicaid knows how much they have each month. Say mom gets $ 1,800 a month in income and lives with family for free & does not have a home. So mom should have some degree of savings or a nest-egg from her annual income of 21K. (That is unless ma is out there playing the ponies each week but if she is doing that she won't qualify for or is needing a NH) If all she has now just a few hundred $, just where did she spend it? Ma needs to show a pattern of spending that makes sense & is within the Medicaid regulations.
All real property records (home, land, auto's) are recorded by the local tax assessor and then that info is dovetailed into the state. So for Susan that is why they had an issue with Dad's van. You really can't leave this stuff out because it will surface…..eventually.
Also once they are on Medicaid, you are not out of the paperwork woods either. I don't know how other states do this, but for TX there is an annual recertification in which you have to provide the last 4 months of their bank statements plus other financial documentation (like current years SS statement and retirement annual statement), plus other items. And yeah some of these (like funeral policy info) are the same documents included with the original application but you have to restate all this and indicate any changes and provide the documentation again for the renewal. It is due within 13 days of the date on the letter too. So keep your paperwork together for the future to make your life easier.
7K a mo for NH X 9 mo = 49K. So where did the rest go? then add in whatever items were sold for, so that is even more money. Where did it go??, you have a gap of 81K even without selling his motorcycles (130 - 49 = 81) ??? You just need to be able to show a "pattern of spending" that makes sense and does not lead to the conclusion that fund were gifted or transferred. My suggestion - and this is going to take time and will be somewhat of a PIA - is to do Quicken/Quickbooks for the past 3 years for dad. QB is great as you can have multiple accounts that all dovetail into a single annual profit & loss. You just have to view Dad as a business with his SS, retirement and interest etc as his income and then view his expenses in categories that make sense (doctor co-pays, insurance, prescriptions, taxes, NH, therapists, etc) and are within what is allowed by Medicaid (basically health & medical costs, personal needs, and exempt asset expenses (like insurance, taxes, etc.) I hope you sold the vehicles for something close to FMV - fair market value. If not and they were sold to family, you could face a transfer penalty inquiry on this. Hopefully not but you never know…..
When you close out the personal account, please try to have whatever the balance is go in full to the active account that a gets his direct deposit of SS. If you get it in cash, then that is a big red flag that inappropriate spending may be happening. Also make especially nice with the bank officer tomorrow as you may need them in the future for the Medicaid application if you run into a transfer penalty inquiry. Good luck