Whatt o do about Medicaid and spousal impoverishment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Whatt o do about Medicaid and spousal impoverishment?
My husband has been in a nursing home and on Medicaid for almost 5 years. He is on medically needy Medicaid so they don’t pay his in-patient hospital bills. I cannot get a definitive answer on this and need one badly. Am I responsible for his medical bills or are my meager assets protected under the spousal impoverishment act? Every time he goes in the hospital and they send a bill.
Asked on December 29, 2011 under Bankruptcy Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Medicaid is administered through the Social Security Act. The Spousal Impoverishment Act enacted in 1989 exempts a spouse's home, car, personal effects and the like from payment obligations for nursing care bills. Non exempt items such as cash on hand typically range from 22,000 or so to the maximum of $112,000.
I recommend that you consult with a person with the Social Security Administration to assist you in completing exemption forms for your husband's bills for the nursing home that he is in paid for by Medicaid. Most likely a good portion of your assets will be protected under the act that you have written about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.