Legal Question in Elder Law in Massachusetts

Long Term Care & Medicaid Liens

I was told that my mother's Long

Term Care policy protects her from

any Medicaid liens on her house (as

long as certain criteria are met over

the 6 year term of the policy and

assuming she did not outlive the 6

year policy), regardless of whether or

not her cash assets are exhausted.

(Her benefit is not large enough to

cover a full month at a nursing

home.) I can not find anything in the

policy that states such. Is it possible

that a LTC policy protects against

Medicaid liens or is this a fallacy?

Thank you.


Asked on 1/28/08, 7:09 pm

1 Answer from Attorneys
Alexandra Golden Golden Law Center

Re: Long Term Care & Medicaid Liens

If the policy covers a Massachusetts resident in a Massachusetts facility, then the answer is generally true. To qualify, your mother must have at least two years' worth of coverage remaining on the date of admission she entered the nursing home, and that the coverage pays at least $125 per day. This rule does not apply to policies issued before 3/15/99.

Please feel free to contact me for further assistance.

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Answered on 1/28/08, 8:09 pm


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