Take a look at this Michigan Court of Appeals case where the court ruled in favor of the Department of Community Health (DCH) in a suit to recover Medicaid benefits paid out for nursing home care. While his mother was alive, Larry Wykle enrolled her in Medicaid to assist with her nursing home care. The enrollment application included a provision that allowed DCH to recover the expenses it incurred for her care by seizing assets from her estate. The provision stated that DCH may agree NOT to recover due to an “undue hardship”, IF provided an application for hardship within 60 days of the date of a specific notice letter sent to the representative of the estate. Despite timely receiving the letter, Wykle failed to apply for the hardship and DCH attempted recovery from the estate’s ONLY asset–the now deceased mother’s home. The court held that Wykle could not seek the benefits of the waiver after neglecting to follow the procedural rules necessary to claim it!
This is a common situation that anyone can face. You MUST make sure you are seeking the appropriate professional advice in advance to avoid these kinds of pitfalls! Questions? Concerns? Contact C&G today!
Click here to read the case!