The Federal Trade Commission (FTC) is warning residents of long-term care facilities and their families that some facilities may unlawfully require residents who are on Medicaid to sign over their $1,200 pandemic relief checks.
“This is not just a horror story making the rounds. These are actual reports that our friends in the Iowa Attorney General’s Office have been getting—and handling. Other states have seen the same,” writes Lois Greisman, the FTC’s Elder Justice Coordinator, in a May 15 alert.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act included one-time payments of up to $1,200 to millions of eligible individuals, based on their income. Ordinarily, nursing home and assisted living residents receiving Medicaid benefits must give all their income to the facility, minus a small “personal needs allowance.” However, the economic impact payments that are part of the CARES Act are a tax credit. According to tax law, tax credits don’t count as “resources” for federal benefit programs like Medicaid. The money belongs to the resident, not the facility.
The FTC says that if a loved one lives in a nursing facility and you’re not sure what happened to their payment, talk with them soon. If the facility took the payment already, get in touch with the Massachusett's Attorney General's office and ask them to help you get it back, and then tell the FTC at ftc.gov/complaint.
For the FTC's alert to consumers, click here.
The attorneys at Senior Solutions have been helping clients in the Boston, Massachusetts area with Medicaid planning, Estate Planning, Guardianships, Conservatorships, Probate, Fiduciary Services and Special Needs Planning for over twenty years. We will examine your specific circumstances and provide you with the best strategy for you. We are ready to help, please call us at 617-489-5900 or email us at kmcnair@seniorsolutionsinfo.com.