American Scandal, Obamacare, Medicaid, and their Stripping of Assets from Poor People

[Baobab]

I had heard about this before but I didnt realize how this attack on people's assets when they die is so aggressive-

- this is a huge problem - and it needs to be addressed now.


Because jobs are going away for good so people need to be able to pass on whatever assets they have to their children. This provision seems designed to drive poor and middle income Americans out of the US.



How can Americans support a system that deliberately intimidates poor people from going to the doctor by means of this terrifying medicaid asset recovery program.



Imagine you are a single parent, have children and you get sick, but cannot afford US healthcare. This program seems designed to prevent people from going to the doctor.

"Second is that enrollment in Medicaid is now mandatory. If you or your family make less that 138% of the Federal poverty level, which in the 48 states and Washington DC would be $16,105 for an individual and $32,913 for a family of four in 2014 you are enrolled unless you fit in a short list of categories, such as being in jail, being in a state that opted out of Medicaid expansion, or being a member of an Indian tribe. You cannot opt out of Medicaid because you object to the estate recovery. You have to pay the penalty if you want out. And there are many routes by which you can become enrolled: by applying on an exchange and having it determine your income is too low to qualify for private insurance; by being in the SNAP (food stamps) database; by having an Obamacare plan but having a fall in income that puts you in the Medicaid category."

In June 2013 a letter was sent to the Centers for Medicare & Medicaid Services by a well-informed citizen pointing out that the Medicaid Manual prepared by CMS to provide guidance for states contains procedural rules intended to ensure that individuals are informed about estate recovery before they complete the application process.

There are variations in the ways in which states implement estate recovery, depending upon their Medicaid program and state laws. However, Federal law requires all states to incorporate the following protections for Medicaid recipients into the design of their estate recovery program:

— The State should notify Medicaid recipients about the estate recovery program during their initial application for Medicaid eligibility and annual re-determination process.
— The State must notify affected survivors about the initiation of estate recovery and give them an opportunity to claim an exemption based on hardship.
— The State must establish procedures and criteria to waive recovery if it would cause undue hardship.

The letter went on to say that the final CMS Health Insurance Marketplace application (healthcare.gov) notifies applicants about Medicaid’s right to pursue and recover any money from other health insurance, legal settlements or other third parties but does not disclose estate recovery. Since estate recovery is one of the terms of the Medicaid contract, it is deceptive to omit disclosure of this practice. CMS was asked to provide the reasons for this omission.

CMS responded evasively to the concerned citizen’s question. CMS claimed that the Health Insurance Marketplace application at healthcare.gov does not disclose Medicaid’s right to claim against the estate, because CMS wanted to provide flexibility to state Medicaid agencies as to how each one notifies applicants about estate recovery. Some states have developed pamphlets to address common estate recovery questions or devote a portion of a general Medicaid pamphlet to the subject. Some states also post their state plans, perhaps with additional explanatory text, on their web sites.

[leftofcool]

1. This has always been the way

If you are old and go to a nursing home, medicare pays for 30 days. Medicaid picks up the rest and they will take any property you have and sell it. You have to be rid of all of your assets, ie money in the bank, your home etc... The only way out is if you have a surviving spouse that lives in the home or if you deed your home over to your children but that had to be done 5 years prior to your receiving medicaid.

[enough]

3. Correct. I'm not exactly sure what the changes are that are being discussed.

It seems to be connected to mandatory medicaid enrollment. But the fact is, most people who end up on Medicaid in a nursing home have no other options. There has always been a claw-back of assets after death in this case.

[Baobab]

5. NO other country does that

Its obvious that many people are going to not go to the doctor to avoid even the remote possibility of this.

What this is is its a way to prevent people with illnesses from going to the doctor until its too late.

consider for a moment these facts

Endocrine disruupting chemicals are bioaccumulating in the environment and peoples bodies-

This has increasingly been shown to carry a cost of huge sums of money in continents with decent healthcare. many of those chemicals are manufactured in the US.

The US is also fighting public higher education.

In the context of recent leaks which show the US aggressively trying to use trade deals to prevent effective regulation of toxic chemicals around the globe, I cannot help but conclude that they are doing this I am sure out of a desire to reduce the quality of information on cancer causing chemicals and force sick people to go without care and die.

Sick people who in many cases are likely to have been made sick by man made substances that should not be there.

[arendt]

2. My wife, a psychologist, has been sick at heart for years about the "qualifications"

for some of her patients to get into nursing homes.

It is some kind of medieval, sack cloth and ashes ritual. You must be dirt poor. It probably helps to divorce your spouse. You live in your room, because any kind of charitable gift counts as "income" against your pittance of a government payment.

Sadly, this has been going on for decades. Its not new.

[My Good Babushka]

4. Taking your assets before you qualify for nursing home care,

payday loans with 400% APR, police forces that run their districts, and fill their prisons with people who can't afford the fines and fees, police forces that go into poor schools and help fill private detention centers with kids who take milk or dare look at them the wrong way, it never ends in this country... the poor people are the money trees that the rich people shake.

[Baobab]

6. they imprison children who "take milk"?

thats just insane...

[My Good Babushka]

7. I just read this today!

http://wtvr.com/2016/05/23/free-milk-theft/
He now has to appear in court because the police officer in his school had a problem with him taking the free milk.