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Medicaid Patient Dies. Who Gets the House?

Health & Wellness  (tags: healthcare, disabilities, Elderly people, elderly, discrimination, abuse )

- 4056 days ago -
A Federal law called the Medicaid Estate Recovery Program requires states to take homes and properties away from nursing home and home health care patients receiving assistance from Medicaid. Overriding their Wills it leaves theri families with nothing.


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Jill P (64)
Friday June 6, 2008, 7:49 pm
This is Federally endorsed discrimination against the elderly and disabled. They are easy prey for Washington.
All 50 states have estate recovery now. Georgia has the worse. They have MAXIMUM recovery. They take everything! The laws keep changing to close any loopholes people may have to get out of losing their homes. Many people opt out of Medicaid and go without care until they die.
Virginia lost the lawsuit. Recovery continues terrorizing families.
There is a petition trying to stop this.
Everyone should write their Representaives and tell them they need to change this. Tell them about the petition! TEll them Americans won't stand for this Federally funded terrorism! It's an election year. What are the candidates going to do about it?
You work your whole life so you have something to leave your family and it is all taken away because you can't afford $75,000 for nursing home care or attendant care for the disabled.
Stop Medicaid Estate Recovery!
Unversal Health Care NOW HR 676!!!!

Jillyanne Michelle Cape (718)
Friday June 6, 2008, 8:36 pm
Important issue I would bet a lot of people aren't aware of. Thanks so much for posting. Great petition you started too. Noted and signed!

Gorilly Girl (339)
Friday June 6, 2008, 10:08 pm
Thank you! You signed at 12:11 PM PST, Jun 6, 7970
You can do more!

I did sign a few days ago...hope it helps...This is truley a sad situation at hand.

Big Gorilly Hugs

Darlene K (356)
Friday June 6, 2008, 10:13 pm
Noted and Petition signed, thank you very much.

Maryann S (161)
Friday June 6, 2008, 10:24 pm
Signed and noted, thank you!

Past Member (0)
Friday June 6, 2008, 10:27 pm
noted & signed

Jaclin S (230)
Friday June 6, 2008, 10:50 pm
Noted thanx Jill P. These are very sad situations and many aged's find themselves embroiled in such.

Jeff D (80)
Friday June 6, 2008, 11:55 pm
Thanks Jill, I signed and noted. Much needs to be forthright for every citizen and knowing each one has done their best throughout their lives whether a person was employed or on a disability. Don't let the Govt discriminate your rights!

Penelope P (222)
Saturday June 7, 2008, 2:56 am
Noted thankyou JillYAnne- Maybe it will make the folks who are to inherit more caring- They may find time to nurse and care for their relatives rather than putting them into a home-Could of course also trigger murders and suicides foisted on the olds by relatives wanting their goodies- Recently I have been horrified how ready relatives are to take the goods but not to preserve the lives of those that love them

Past Member (0)
Saturday June 7, 2008, 3:16 am
thank you, Jillyanne and Jill
noted and signed

Kathy Chadwell (354)
Saturday June 7, 2008, 4:30 am
I'm surprised she was recieving medicaid for her nursing home stay.
It's federal thing where you can't have anymore than 1500 dollars to your name before you are able to have medicaid pick up the tap for your nursing home stay. They way around this is to make sure all the parents debts are paid in advance. Most will suggest you also pay for the funeral ahead of time so the money is spent there. There are pro's and con's to all things.
I had the beauty shop at a nursing home for 4 years and what happens is people with lots of money would rather let the taxpayers pick up the tab for mom and dad so when they die they get to keep the money. That's not fair to the taxpayers, so what you have here is those who take advantage of the taxpayers have made it hard on everybody.
I don't understand why people think they are entitled to something when somebody dies. From personal observation, I've seen the poor working peons want mom to have whatever she wants:) GodBless them, & I've seen those who won't spend a penny on mom because they want that money when she dies.
An elderly gentleman who still worked as a bagboy at a local store here came to me and wanted mom to have a perm every month. I explained mom doesn't need a perm every month. Usually for this type a tight perm twice a year, one that the nurses aide can was and pick out after a shower looks fine and doesn't drain the family. What a sweet man he was. Besides,, That woman used to beat the hell out of me:) She didn't want her hair done.

Steve B (197)
Saturday June 7, 2008, 5:25 am
Kathy C. is on the right track. This is not a matter of discrimination against the elderly. It is a matter of protecting the taxpayers who are funding Medicaid.

Kim Moore (61)
Saturday June 7, 2008, 5:43 am

Tim Redfern (581)
Saturday June 7, 2008, 5:51 am
Yet another example which gives
proof that we're living in a fascist
police state. This is beyond contempt.

Could someone please supply me with the
URL for the petition? I can't find it!
Thanks for the post, Jill!

Tim Redfern (581)
Saturday June 7, 2008, 5:54 am
Never mind!
I just found the petition link
on your profile page, Jill.
I'll be going to sign it right now.
And thank YOU, Jillyanne, for sending
this to me! :-))

Tim Redfern (581)
Saturday June 7, 2008, 6:03 am
Tim, thank you for signing "Stop Congress from Stealing Your Home!"

Thanks again, Ladies!

Mary Jane K (13)
Saturday June 7, 2008, 7:01 am
Noted and signed! Thank you so much. This is another example of why we need health care reform.

Past Member (0)
Saturday June 7, 2008, 8:22 am

Jill P (64)
Saturday June 7, 2008, 8:45 am
I want to Thank everyone who has signed the petition!
As for this being a program our government started to protect taxpayers - not even close! This does NOT affect the rich. They have the $10,000 or more it costs to have a lawyer shuffle things around and hide your assetts. They still go free and clear. It is the middle class American who cannot affor $75,000 a year for a nursing home or $30,000 or more a year for attendant care that get screwed by this barbaric legislation. Those are the people who cannot afford overpriced lawyers to hide their assettts and keep it in ;the family.
As for caring for our own relatives, the state takes EVERYTHING away from those who ARE caring for their parents or spouses at home. Just for receiving a few hours a day of assistance at home (babysitting i.e. a CNA, which is a high school graduate with a certificate) they lose EVERYTHING and have to take a vow of poverty. No one is allowed to work. You have to pay the prices the state sets. You have no control over what the state pays the agency. so if an aid does not show up, which is NOT uncommon, the state pays the agency anyway and you are billed for services you DID NOT receive. The agencies are NOT honest. They charge the state wether they provide services or not. They charge the state wether they do their job or not. They charge the state even if they rob, neglect, or abuse the client. You get the bill!!!
How is that protecting the taxpayers? If that were REALLY the governments concern then why did they give $92 Billion to corporate welfare and $27 Billion in Pork Barrells in 2006. These number have INCREASED exponentially EVERY YEAR while Social Security spending had DECREASED EVERY YEAR? It is not budgeting.. It is not protecting tax payers. IT is priorities and in Washington stuffing their pockets and those of their cronies takes priority. The rich people you talk about taking advantage of tax payers are the rich top 1% which IS CONGRESS!!!!!! From Bush to the Bush Administration to Congress ALL of them are multimillionaires. Remember that.
The lies they tell about social Security and its funding could fill a book. None of this would be happening if Washington and Americans were not so dead set against Universal healthcare. Americans hate the idea of everyone being cared for, but think nothing of calling their police or fire department when they need them...for "FREE"!!!!
Thanks to those of you who signed the jpetition and understand that this is hateful legislation that only makes the elderly and disabled scapegoats for more more money in millionaires pockets. Please, spread the word!

Elaine S (31)
Saturday June 7, 2008, 9:33 am

Noted - Signed at 7:59 AM PDT, May 29, 2008.

THANK YOU for this very important Informative news!

Kevin Morrill (15)
Saturday June 7, 2008, 10:26 am

Many elderly and disabled feel as though they are a burden on their families. This law not only magnifies that feeling but takes it a step further, now the elderly & disabled are a liability to their families. So many people just donít get it!!!!!!!!!

Daniel Muhammad (8)
Saturday June 7, 2008, 10:39 am
It's a fact that our government forgets that we are human beings, or they become, insensitive to the people, power will do that, this is why we must make them be accountable, always...

Carol W (119)
Saturday June 7, 2008, 11:26 am

Keep the petition momentum going.

Past Member (0)
Saturday June 7, 2008, 12:06 pm
Thank you for Jaclin and Jill. Noted and signed. I know of this because even in my tiny village, I have seen this happen several times. This is so disgusting and demoralizing and gives people no hope. The nursing homes are so expensive that only the wealthy can afford them if they are ill, if you are retired, they take almost every penny of that and you go on Medicaid and the government takes all you have. PLEASE FORWARD THIS WIDELY AND LET EVERYONE KNOW HOW DISGRACEFUL THIS IS!

Jim Phillips (3247)
Saturday June 7, 2008, 12:54 pm
Petition Link:

TY, Jill.


Past Member (0)
Saturday June 7, 2008, 2:32 pm
Thank you! I will sign and forward petition! Thank you again for this very important information!

Kathleen H (304)
Saturday June 7, 2008, 5:57 pm
Noted and signed. Thanks Jill. This is tragic yet nothing is free. It is puzzling why W.VA would be singled out to do this and other states refuse without penalty??

. (0)
Saturday June 7, 2008, 6:14 pm
This is an issue I feel very strongly about.
In the imperfect state of the United Kingdom,people used to die of preventable diseases,im thinking of a friend of mine whose dad was treated for a brain tumour by the National health service,(nhs)then in it's infancy ..
He remarked that "if I had this tumour a few years ago,then I would be dead".He would have been dead because,his family,werent wealthy enough to pay for the expensive treatment ,he needed".There are numerous stories across the US today ,similar to those stories,one hears of pre-nhs Britain.
The Michael Moore film Sicko shocked me,I was prepared for something quite shocking,but not as shocking,as the real stories told on Moore's film.These stories were not uncommon,I find similar stories across America.
These include people selling their possesions/houses to fund healthcare,people dying for want of insurance,or the right insurance.Bankruptcies,crippling debts,inadequate treatment done on the cheap..because the necessary treatment is too expensive.
My brother was attacked,and lost his eye ,the nhs paid for his treatment.My blue collar parents,could not have afforded that in the US.
To all those who say the taxpayer shouldn't have to pick up the tab,for someone else's disease/injury,I would say the following..
1)Humane values.We live in a thing called society,where we should be looking out for each other.This is a set of values,based on the value of each person,and not their social status or ability to pay.I am happy to pay my taxes,so that an elderly person,or a person worse off than me,has a good standard of healthcare.If a person suffers pain,I want that pain to stop,regardless of how rich or poor they are.No one in need should be turned away .If anyone thinks that it is ethically okey for a person to suffer,rather than be a drain on taxpayers,I would question that persons level of empathy.

2)Fairness.Progressive taxation means the wealthy pay more tax than the poor,and that is fair.This should contribute to health and welfare .
If you want a decent society of humane values,there has to be some social welfare institutions.
Our wages are pushed down anyway,surely those who benefit from our work,should make a contribution to our healthcare.Bill Gates might have bright ideas,but he hasn't worked as hard,or in such life threatening circumstances as a person who digs coal from a mine.
Sadly in the UK and US ,we are moving away from this progressive principle,towards one of regressive taxation,wherin the working and middle classes pay more tax than the tax evading/avoiding rich.These find loopholes and tax havens,sometimes with help from their government buddies,and often end up paying less tax than the little person.

3)Economic Benefits.The whole economy benefits,when there is universal healthcare.People who are ill (mentally or physically)or even dead can't do their jobs very well.Part of the reason for free healthcare in the UK is that our army was unfit to fight the Boer war,due to poor health.The workforce is fitter,when each person has access to universal healthcare.This is an investment on the part of the economy and society.

4)Wastefulness.A fully privatised system, results in payments going not into healthcare,but instead into shareholders pockets.It also results in doctors and nurses doing the job of a business checking health insurance,trying to find loopholes so a person can be less of a drain on the shareholders profits.I work as a nurse in the UK nhs,and I deal with paitients,not commerce.That is what I trained for..

Jillyanne Michelle Cape (718)
Saturday June 7, 2008, 8:52 pm
Really great commentary Rob!!! If I could I'd send you a million green stars for this!!!

Saturday June 7, 2008, 10:49 pm
Know this situation well, even though we're in Calif. Calif has a myriad of corrupt *court appointed* conservators. Very long story, won't tell it all here. Suffice it to say we fought for years for my grandmothers civil rights. It was an absolute nightmare. My grandma and my family wound up the losers. There was nothing any attorney could do that was effective against the gulag. This experience should have been the first clue that something is really wrong in America!!! Turned out human beings and especially the elderly are just so much chopped liver, or excess baggage as far the the power elite are concerned!!!

Jill P (64)
Sunday June 8, 2008, 9:43 am
GREAT comment Rob. I wish we could post your points on Billboards across the country. My doctor has that self centered, greedy ignorant attitude "What? People should get healthcare for free?" He was shocked. I need a new doctor. Nothing is "Free". It is all paid for through taxes. Firemen, police, schools,garbage pick up, etc... Yet no one feels cheated when everyone gets equal service with those. For some reason Americans flip out over the idea of healing other people with taxes.
The truth is Americans already pay enough in taxes to cover EVERY American They don't like the idea of their tax money going to save someone's life but they apparently are ok with the idea of it going into the pockets of corporate insurance companies. That is why Americans pay more per person for health care than any other country yet still does not cove every citizen. Much of that money goes to private insurance. Take out the for profit and with all the money you save you have enough to cover ALL Americans.
Also, like I said when it comes to those with disabilites, they are not allowed to work. If we had Universal healthcare those who have Bachelors and even Masters degrees would finally be able to work without fear of lsoing their attendant care that they need to get up and go to work. Yes, it is good for the evonomy. People who need attendant care have a 69% unemployment rate. That is government induced.
Studies have shown, even government studies form the Department of Health and Human Services, found that the government run Medicare is the most cost effective health care system in America. Private insurance companies, especially because of administrative costs, are very wasteful. Medicare gets more done and provides more and better service for less money than does private insurance. Private insurance only makes money if they DO NOT provide health care services. Medicare is not trying to make a profit, just run a system. Ther is no CEO making millions a year that needs to be paid.
As far as the attitudes of "why should I pay for someone's care with my taxes" First, you already are. It's called the Social Security tax. SEcond, wouldn't it be nice if while the person was getting care they could work as welll so they could pay into the system like you. Now you are paying for their care and getting nothing in return. Third, where did Americans get the insane idea that there is a direct correlation between how hard a perosn works and their salary or education and theri salary? Where do these peopole live?
I ;have degree in Biology. Because of our societal attitudes and our budget cutting Congress there are no longer any jobs out there for me. No field research nor education programmming in the parks department. I used to wrok for Everglades Ntational Park. As a Federal employee there I got $6 and hour that is WITH my degree!
My brother never finished college, kept dropping his classes or wouldn't show up. He lucked inot a job that trained him in computers. He now makes $90,000 a year and travels the US and Europe. So why does he deserve better health care than me? I made less than Walmart managers do!!!!
It is stupid and ignorant to think that those taht make less should get a poorer quality of life because societies standards are all screwed up. People in entertainment get much much more money, yet is their service more important than a teachers, biologists, or even the garbage man who keeps our streets clean?
Thank you Rob!
Remembe people, you are already paying for Universl healthcare. You are just not getting it!!!
I've got links to another petition tthat someone else started for HR 676 Universal singel payer not for profit health care - Medicare for All. It has been in the House for years now. It has more cosponsors than any other health reform Bill in congress. Yet everyone is too apathetic to help everyone or too chicken to upset big business to vote on it.
If you want to get the link it is at

Jill P (64)
Sunday June 8, 2008, 10:31 am
I hate to bug everyone again,, but I just have to respond to one of the comments on the petition.
Medciare and Social Security IS NOT in the trouble they say for the reasons the media states. Ther is enough Medicare money to support the Baby Boomers and even for years after.
The reason Social Security is in trouble is because it was originally put into a Trust fund. It was NEVER, I repeat, NEVER supposed to be part of the federal budget. What you pay now in social security tax pays for people now. future workers will pay for your retirement, etc. The money sits in the Trust fund acruing interest from investments in government securities and bonds. It was "off budget" and therefore never to be touched except to pay social security and retirement benefits.
In 1968 President Lyndon Johnson made Social Security and other Trust Fund programs part of a "unified budget". This meant that all the money Americans paid and all the interest it earned could be used for anything in the "budget". He did it so when the overall budget was presented the Veitnam War did not look like it was costing Americans all that much money because now all the money accumulated in Social Security was counted and helped fund the war.
Congress and the presidents have been dipping into it ever since. With the Clinton administration, the Social Security surpluses put the government in the black and enabled it to pay down debt. That is when he started OBRA '93 which started the Medicaid Estate Recovery.
Social Security is in trouble because Congress keeps taking money of the top to pay for Iraq, corporate welfare, etc...We even pay pensions for corporations employees because the corporations just have to tell Congresss it would break them if they paid their employees pensions. so taxpayers pay it for them. It is a government retirement insurance program that fleeces Americans.
Social Security is also in trouble because American wages keep dropping so less taxes are paid.
As for not saving and managing your money well enough to pay for your own retirement and medical. Tell me how to save money and pay my own medical with $6 an hour with a Biology degree? How do you make $34,000 at the college for 20 years and pay for your wheelchair repairs (two armrests cost $700), monthly medial supplies, and attendant care at $15,000 - $20,000 a year for minimal help if you do NOT go through a professional agency? Why are private citizens expected to pay more per hour ($10/hour for someone off the street and $20/hour through an agency) for an employee than corporations pay for their own emplyees at minimum wage?????
Sorry about the many soap boxes but this whole healthcare issue in this country makes me sick. When they say we cannnot afford it they are lieing!!!! Trust me I have done my research for the past two years. I am getting this not from mainstream media, they know nothing, but from government reports and other studies.

Lynn Kane (54)
Sunday June 8, 2008, 5:59 pm
Noted, thanks.. Jill

Carolyn T (234)
Tuesday June 10, 2008, 4:11 pm
Noted. I agree that many people do not understand that you can own precious little assets in order to qualify for Medicaid assistance. It becomes known when you and your family are standing on the slippery slope of trying to provide care for your loved one. Thank you for this impotant story, Jill.

Sage U (1)
Monday June 16, 2008, 12:23 am
Thanks Jillyanne for bringing this to the attention of others. I have signed the petition.

Kendra J (3)
Wednesday June 25, 2008, 8:29 pm
Thanks Jillyanne for alerting me. I will sign the petition.

Dreama Runyon (47)
Saturday July 12, 2008, 5:25 pm
I am so proud of you Jill and you know that I am very supportive of this issue and all to do with the disable, poor, and elderly. I will help you in any way I can after I have my low back disc fusion and am at home recovering. You Rock girl and much love.
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