Frequently Asked Questions: Medicaid Planning

How can I pay for long-term care?

Other than paying for health care services out-of-pocket, options for long-term care include Medicaid and long-term care insurance. Medicaid is a state-funded program that covers a range of long-term care services, including nursing home care, adult day care and home health care. Long-term care insurance refers to private policies that cover a variety of services, depending on the policy.

What is the Medicaid Estate Recovery Program (MERP)?

Each state, including Texas, has the option to recover payments for Medicaid services for long-term care facility, home and community services from an individual's estate. In most cases, the state will seek repayment after the individual receiving Medicaid benefits has passed away.

Are there any exemptions from a MERP claim?

In Texas, there are exemptions that serve to permanently preclude a MERP claim. The claim will not follow the estate's property and the claim will be permanently dismissed if one of these exemptions exist. If one of the following individuals survives the Medicaid recipient, then the estate recovery claim will be permanently dismissed:

  • Spouse
  • Child under the age of 21
  • Child who is blind or disabled as defined by 42 U.S.C. § 1382c
  • Unmarried adult child who resided in the decedent's home continuously for one year prior to the Medicaid recipient's death

Why is it important to talk to an elder law attorney about Medicaid planning?

An experienced lawyer can help you review your estate and recommend asset protection strategies that will fit your unique needs and goals. For help with Medicaid planning in Marshall, Texas, and the surrounding areas, contact the McCoy Law Firm at 903-702-5809 or send an online message using the form on this website.