When is the lein added to Medicaid recipients property?

What happens totally interdependent on your States Medicaid administrative code and State laws on real estate, probate and property rights. Some States do not do a proactive lien, they do not follow TEFRA. Others do. Some do it as an after death Claim on the Estate.

Just what path your State does, imo, really does not matter because when your elder filed that LTC Medicaid application either they or their POA signed off on an acknowledgement of the regulations of the program, which requires a notification to be done in a timely manner to any - ANY - change in the income and assets of the applicant. Any change has to be reported. You should not wait for the renewal to come around. Whomever POA is responsible to report info to the caseworker or by mail to the contact address on their eligibility letter.

Things will surface. And the consequences could be quite ugly if $ kept or titles transferred.

At my mom’s first NH, across the hall was a lady whose POA son sold her home. He did not report it to the caseworker and he kept the $. It was a very modest home, very under 100K (lots of decay). The lady was super sweet, an agreeable amiable dementia type. She just adored her boy too. Often when I visited, there would be an huddled convo in the hallway with him & administration regarding his moms billing. Staff can’t talk about health care issues but they often talk about everything else…. Sonny’s moms eligibility was suspended; caseworker is set to dovetail to tax assessor for changes, the sale surfaced and to the penny; Medicaid sent Notice of ineligibility to him and to the NH; he was given opportunity to have her stay & place her onto private pay and use house sale $ to do this; the house didn’t sell for much so would be just a few months or maybe a couple of months if he could have provided receipts for expenses to make the house market ready; Nh was willing to let him pay at lower LTC Medicaid rate too not full tilt private pay rate (his mom was an easy care resident, stuff like this matters); Sonny made promises after promises but Sonny was a POS. One day I’m going in and loud voices, it’s Sonny, several staff and a couple of cops. LSS the NH contacted APS as NH placed her on 30 day Notice; APS asked court to have the lady placed as emergency ward of the State with court appointed guardian. Guardian had just moved her to another NH. Sonny left out of the loop. I cannot image how beyond awful it was for the lady.

Anything recorded at the courthouse dovetails to all State agencies. Just a matter of a few keystrokes in seconds for things to surface.

All states quietly do the PARIS cross check for at need programs.

Renewals will require fresh financials…. e.g. last 90 days bank records.
Renewals will require update info on assets, like latest tax collector bill or car registration. Name on the bill better be the elders.
Renewals tend to have a tight 10-30 day turn around or eligibility can be suspended. The facility will get CC’d on any eligibility issues too.

POA is the point person should something go amiss. If it’s possibly the POA has family that have done things they should not have, the responsibility is nevertheless the POA.

My father lives in Oregon. I forgot to state the state.

Not sure they do. Never did with Mom. But once ur LO is on Medicaid and the property has been listed as an asset on the application, Medicaid does have a lot to say with what is done with that property. If selling, it must be at Market Value. You cannot rent it out because that becomes income for LO. Renting has to be run by Medicaid. As does allowing someone to live there. If someone has lived with Medicaid recipient prior or living with them 2 yrs prior to recipient entering LTC, allowances can be made but Medicaid needs this info at time of applying.

A lien is placed on property after death. A recovery form is sent to the person listed as contact. This form asks if there are any assets. If the house has not sold, that now is an asset and a lien will be placed on it. The house will need to be sold at Market Value. I did not have to worry about this because Mom was only on Medicaid for 3 months. As long as I got enough to cover the lien, I took what I was offered.

I think you should make an appointment at Social Services to talk to a Medicaid caseworker. Thats what I did. You will get better info there than here because States differ. The caseworker also did my application then gave me a list of things I needed to do to complete the application. If you feel that there would be a problem, then u consult with an Elder Lawyer versed in Medicaid law.

I agree with Geaton that you need legal counsel on this question.

You dont say where you live and each state runs program slightly differently. I will tell you that benefits have to be requalified for every 1-2 years if you’re in nursing home and property transfers will surface in this computer age with a few keystrokes. Ask a Medicaid planning attorney in your area if there are options. You dont want to get person in and getting services then do something that disqualifies them. Medicaid will clawback what they have paid and nursing home will come seeking payment. And if property transfer went to benefit family at expense of vulnerable elder, they can call in adult protective services. Medicaid fraud is a crime and losing the property is the least of your problems. Ask legal counsel if you have any exceptions for your case. Sometimes there are.