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Elder care law sites are very clear that since all term insurance by definition has no cash value, it can neither disqualify someone from Medicaid eligibility nor be collected by Medicaid for patient repayment. The only caveat is that the Medicaid patient's funds cannot be what is used to continue making the payments.
Oh...also, if the the remaining family are not blood relatives ...or they are poor too ....that changes things. The State is essentially a Creditor--a big one.
My Mom was married; he was not our Dad. He died destitute, she was also. After he died, various providers tried to threaten us with all kinds of things, if his bills weren't paid. LUCKILY, State entities had their paperwork in order, but, some providers seemed to be intractably ignorant of notifications.
I had to learn what to say, to get them to stop. I told them things like: =="He died owning nothing, destitute, receiving State Aid" =="He is not my parent; it is illegal for creditors to harass caregivers" =="Stop harassing destitute, grieving survivors" =="The deceased mans' wife is also poor, and cannot handle his affairs" =="Collections are futile; there is nothing to collect anything from" The most effective statement was the "stop harassing the dead man's family".
Make sure you have as many copies of the death certificate as may be needed to provide for various entities requiring them. Insurance companies, banks, etc. all need a copy, to prove the death, so paperwork can be done. It is up to the family to get those--getting them right away as soon as possible when notified, makes them less costly, and quicker to get, than if you try to get them later on a request.
There are so many kinds of insurance! Just because it is called "term" does not necessarily mean there is no cash value!
It DOES make a difference WHO owns the policy. For instance, Dad may have bought the policy, it may be paid up, and he MAY have signed it over to the beneficiaries more than 5 years prior to his accessing DSHS care--in which case, Medicaid may not have any claim on it.
OTH, if Dad still owned a policy of any kind, that had any cash value, the State gets it to pay for his care. HOW did they miss that he had insurance? Did Dad not tell them? OR, didn't the family know about it until after? IF State learns of it, and it had not been reported to them when he applied for welfare/medicaid help, that would be fraudulent.
IF it is a simple Term policy that wouldn't pay out until his death, the State still may supersede stated heirs, and take money to cover Dad's care--which may or not equal the value of the policy.
So yeah...nothing likely left for heirs---the longer Dad was cared for by medicaid system, the less for heirs, if anything. ALL assets that can be sold to help pay his care, are fair game for States to take. SOME States even come after other immediate family's assets---so it's real important for family to document their assets in terms of "we need to keep these, lest we become dependent on State Aide, too"--usually that is business assets, or homes, etc. that family is dependent on using or else might have to go live under a freeway overpass... State want's it's due---but it does NOT want to create more welfare recipients by taking what it thinks it's due!
If it was a term life policy, then it probably didn;t have a cash value so not an issue for Medicaid.
Somewhere in the insurance policy should be the information as to where to file a claim by the beneficiary. Whomever is the beneficiary of the insurance policy just needs to send a letter along with an original death certificate and the policy number, and they will be paid as per the policy.
if there is just 1 dollar regardless of insurance or beneficieres the goverment meaning medicaid will get it and tell you it will be applied to the long term care he recieved....I am surprised they did'nt flush this info before he started medicaid.....hang in there
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
...or they are poor too
....that changes things.
The State is essentially a Creditor--a big one.
My Mom was married; he was not our Dad.
He died destitute, she was also.
After he died, various providers tried to threaten us with all kinds of things, if his bills weren't paid.
LUCKILY, State entities had their paperwork in order, but, some providers seemed to be intractably ignorant of notifications.
I had to learn what to say, to get them to stop.
I told them things like:
=="He died owning nothing, destitute, receiving State Aid"
=="He is not my parent; it is illegal for creditors to harass caregivers"
=="Stop harassing destitute, grieving survivors"
=="The deceased mans' wife is also poor, and cannot handle his affairs"
=="Collections are futile; there is nothing to collect anything from"
The most effective statement was the "stop harassing the dead man's family".
Make sure you have as many copies of the death certificate as may be needed to provide for various entities requiring them. Insurance companies, banks, etc. all need a copy, to prove the death, so paperwork can be done.
It is up to the family to get those--getting them right away as soon as possible when notified, makes them less costly, and quicker to get, than if you try to get them later on a request.
Just because it is called "term" does not necessarily mean there is no cash value!
It DOES make a difference WHO owns the policy.
For instance, Dad may have bought the policy, it may be paid up, and he MAY have signed it over to the beneficiaries more than 5 years prior to his accessing DSHS care--in which case, Medicaid may not have any claim on it.
OTH, if Dad still owned a policy of any kind, that had any cash value, the State gets it to pay for his care.
HOW did they miss that he had insurance? Did Dad not tell them? OR, didn't the family know about it until after?
IF State learns of it, and it had not been reported to them when he applied for welfare/medicaid help, that would be fraudulent.
IF it is a simple Term policy that wouldn't pay out until his death, the State still may supersede stated heirs, and take money to cover Dad's care--which may or not equal the value of the policy.
So yeah...nothing likely left for heirs---the longer Dad was cared for by medicaid system, the less for heirs, if anything.
ALL assets that can be sold to help pay his care, are fair game for States to take.
SOME States even come after other immediate family's assets---so it's real important for family to document their assets in terms of "we need to keep these, lest we become dependent on State Aide, too"--usually that is business assets, or homes, etc. that family is dependent on using or else might have to go live under a freeway overpass...
State want's it's due---but it does NOT want to create more welfare recipients by taking what it thinks it's due!
Somewhere in the insurance policy should be the information as to where to file a claim by the beneficiary. Whomever is the beneficiary of the insurance policy just needs to send a letter along with an original death certificate and the policy number, and they will be paid as per the policy.
I thought the cash value of a life insurance policy, whether paid up or not, is considered an asset that Medicaid looks at?
I know prepaid funeral expenses up to a certain limit are allowed, but not sure about a funeral insurance policy?
Or a term life policy, which has no cash value but does have beneficiaries...not sure if Medicaid has access to that?
Let's find out the kind of insurance referred to in the question and then maybe the poster can get a proper answer.
Generally when an insurance policy has a cash value, Medicaid forces the policy to be cashed in before they authorize Medicaid eligibility.
Was the policy reported during the application process?