Hello,I just turned 54.I have been receiving Medicaid for several years.I also have Medicare.I can now get free health insurance through my girlfriends plan.Will getting off of Medicaid before turning 55 protect me from Medicaid estate recovery?Thank you.
1 Answer from Attorneys
What a great question! Medicaid is actively engaging in estate recovery to recover amounts expended for those 55 or older in a non-nursing home setting, as well as any age in a nursing home. One of the exceptions are those amounts spent on premiums, copays and coinsurance for those persons who are "dually eligible" and on a program such as QMB, the qualified medicare beneficiary plan or Medicare savings plan. You can sign up for this program through either the social security office or the Medicaid office. The asset restrictions are not as great as SSI.
In this case, either the QMB or signing up through your girlfriend's plan should avoid estate recovery.
(I practice in Florida as well as Alabama).
Good luck!
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