Medicaid normally does not take your house in Georgia. Only in certain circumstances, the state can place a lien against your property. This lien comes into effect only after you die. The state can then make a claim on the property through the lien, but they cannot sell it while you are still alive. If you sell the property, the state will be paid back from the proceeds of the sale, up to the amount of the lien. You can prevent this lien by putting the property in a trust or transferring it to a family member.
Medicaid Estate Recovery and Your House in Georgia
Medicaid is a government healthcare program that provides medical coverage to low-income individuals and families. In Georgia, Medicaid is administered by the Department of Community Health. Medicaid estate recovery is a process by which the government can claim reimbursement from the estate of a deceased Medicaid recipient for the cost of medical services provided during the recipient’s lifetime.
General Rules for Medicaid Estate Recovery in Georgia
- The government can only claim reimbursement from the estate of a deceased Medicaid recipient if the recipient was 55 years of age or older when they received Medicaid benefits.
- The government can only claim reimbursement for the cost of long-term care services, such as nursing home care or home health care.
- The government cannot claim reimbursement for the cost of medical services provided to a Medicaid recipient while they were living in their own home.
- The government cannot claim reimbursement from the estate of a deceased Medicaid recipient if the recipient’s spouse, minor child, or disabled adult child is still living in the home.
Exceptions to the General Rules
There are a few exceptions to the general rules for Medicaid estate recovery in Georgia. For example, the government can claim reimbursement from the estate of a deceased Medicaid recipient if:
- The recipient transferred assets to avoid Medicaid estate recovery.
- The recipient received Medicaid benefits for more than five years.
- The recipient had no spouse, minor child, or disabled adult child living in the home at the time of their death.
How to Avoid Medicaid Estate Recovery
There are a few things you can do to avoid Medicaid estate recovery in Georgia. For example, you can:
- Purchase a long-term care insurance policy.
- Create a trust to hold your assets.
- Transfer your assets to your spouse, minor child, or disabled adult child.
Talk to an Attorney
If you are concerned about Medicaid estate recovery, you should talk to an attorney. An attorney can help you understand your rights and options and can help you develop a plan to avoid Medicaid estate recovery.
| Years | Services |
|---|---|
| 5 | Nursing home care |
| 3 | Home and community-based services |
Medicaid Liens
Medicaid is a government health insurance program that helps low-income individuals and families pay for medical care. In Georgia, Medicaid covers nursing home care, home health care, and other long-term care services. Medicaid does not typically take your house while you’re living in it, but when you’re no longer living in it and your spouse is not living in it, Medicaid can place a lien on your house to recover money from your estate if Medicaid paid for your nursing home care.
Medicaid Estate Recovery Program (MERP)
- The Medicaid Estate Recovery Program (MERP) is a federal program that allows states to recover Medicaid funds from the estates of deceased Medicaid recipients.
- MERP only applies to assets that are part of the Medicaid recipient’s estate.
- To place a lien, the state files a legal document with the county where the property is located.
Property Exempt From Medicaid Liens
- Primary residence
- Burial plots
- Personal property
- Assets protected by Medicaid rules
How to Avoid a Medicaid Estate Recovery Claim
- Spend down your assets before applying for Medicaid.
- Purchase a Medicaid annuity.
- Transfer your assets to a trust.
- Create a joint tenancy with a non-spouse.
Asset Can Medicaid Take It? Primary Residence No Burial Plots No Personal Property No Assets Protected by Medicaid Rules No Retirement Accounts Yes Bank Accounts Yes Real Estate (other than primary residence) Yes Is My House Protected from Medicaid in Georgia?
In Georgia, Medicaid is a health insurance program for low-income individuals and families. Medicaid covers a wide range of medical services, including doctor visits, hospital stays, and prescription drugs. Medicaid also provides long-term care services, such as nursing home care and home health care. While Medicaid provides essential coverage for many Georgians, there are concerns about whether the program can take your house.
Homestead Exemption
Georgia law protects your home from being taken by Medicaid if you meet certain requirements. The most important requirement is that you must live in the home as your primary residence. You can also claim a homestead exemption if you are the legal guardian of a minor child or an incapacitated adult who lives in the home. To claim a homestead exemption, you must file an application with the county probate court. The application fee is $15.
- Homestead Exemption Amount: The amount of the homestead exemption varies depending on the county in which you live. In most counties, the exemption is $20,000. However, in some counties, the exemption is higher. For example, in Fulton County, the homestead exemption is $35,000.
- Qualifying for the Homestead Exemption: To qualify for the homestead exemption, you must meet the following requirements:
Requirement Explanation Age Must be 62 years of age or older, or Disability Must be disabled as defined by the Social Security Administration, or Surviving Spouse Must be a surviving spouse of a person who qualified for the exemption, or Veteran Must be a veteran who is 100% disabled as a result of a service-connected disability You can only claim one homestead exemption per year. If you own more than one home, you can only claim the exemption on the home that you live in as your primary residence.
- Medicaid Estate Recovery: Medicaid is a government-funded program, and the government has the right to recover the costs of your care from your estate after you die. This means that Medicaid can take your house after you die to pay for your nursing home care or other long-term care services. However, Medicaid cannot take your house if you have a surviving spouse or a minor child living in the home.
- Transferring Your House to Avoid Medicaid Estate Recovery: You cannot transfer your house to someone else to avoid Medicaid estate recovery. If you transfer your house within five years of applying for Medicaid, Medicaid will consider the transfer to be a fraudulent transfer and will still be able to take your house after you die.
And there you have it, folks! We covered everything you need to know about whether Medicaid can seize your house in Georgia. I hope this article helped shed some light on this complex issue. If you’re still uncertain about anything, don’t hesitate to consult a legal professional. Remember, every case is different, and the best way to get accurate advice is to speak with someone familiar with your specific situation. Thanks for reading, y’all! Be sure to visit again soon for more informative and engaging content. Take care and stay informed!