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Must Seniors at Care Facilities Sign over Stimulus Checks?

Stimulus checks are not countable resources.
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Some nursing homes and assisted living facilities are wrongfully taking stimulus checks from residents who are on Medicaid, the Federal Trade Commission said Friday.

Must seniors at care facilities sign over stimulus checks?  Are stimulus checks countable resources for Medicaid purposes?  The Federal Trade Commission (FTC) has announced that some states across the country have received reports of nursing homes and assisted living facilities that have falsely said that COVID-19 stimulus checks are “resources,” under the rules of federal benefit programs that must be used to pay for services.

It’s “not just a horror story making the rounds.” The FTC says that these are actual reports that officials at the Iowa Attorney General’s Office have been getting – and handling. The FTC noted that other states are experiencing the same types of complaints.

The FTC says that it’s not true and urges people to check with family members who get Medicaid and live in these facilities.

They should file a complaint with the state attorney general, if they or a loved one have experienced this problem, says CBS Local New York’s recent article entitled “FTC: Nursing Homes, Assisted Living Facilities Cannot Take Stimulus Money From Medicaid Patients.”

“We’ve been hearing that some facilities are trying to take the stimulus payments intended for their residents on Medicaid,” the FTC says. “Then they’re requiring those people to sign over those funds to the facility. Why? Well, they’re claiming that, because the person is on Medicaid, the facility gets to keep the stimulus payment.”

Some facilities are claiming that, because the person is on Medicaid, the facility is entitled to keep the stimulus payment.

However, that is false. According to the CARES Act, these economic impact payments are a tax credit, and the law says that tax credits don’t count as “resources” for federal benefits programs, like Medicaid.

If you think there’s a problem, you can also file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357).  Speak with an elder law attorney to learn more about Medicaid. Are stimulus checks countable resources for Medicaid purposes?  No!

Reference: CBS Local New York (May 19, 2020) “FTC: Nursing Homes, Assisted Living Facilities Cannot Take Stimulus Money From Medicaid Patients”

 

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