Thursday, September 22, 2011

sophisticated theft

There is something called "Estate Recovery" whereby government bill dead people for services they received while elderly, frail, and not working.

I think it may be a form of what David Harvey has called "accumulation by dispossession".

But I am not sure.

I am sure, however, that it is an abuse of state power, and not much more than theft.

More bad words could be use to describe this shameful activity, but I've not got time now.

Official state info cut and pasted below:

Does MERP affect you?

This program will affect only long-term care services you receive after the age of 55 and only if you first apply for these services after March 1, 2005. If you applied for and received these services before March 1, 2005, MERP does not affect you. If you were on an interest list for services before that date but did not complete an application for services until after March 1, 2005, MERP does affect you.

The following services and programs are affected by MERP:

· Nursing Facility Care (nursing homes)

· Intermediate Care Facility for Persons with Mental Retardation (ICF/MR)

· The following Medicaid Waiver Programs:

o Home and Community-based Services (HCS)

o Community Living Assistance and Support Services (CLASS)

o Deaf Blind with Multiple Disabilities (DBMD) Waiver

o Consolidated Waiver Programs (CWP)

o Community Based Alternatives (CBA)

o STAR+PLUS Waiver (SPW)

o Integrated Care Management Waiver (ICMW)

o Community Attendant Services (CAS)

MERP also affects the costs of certain hospital and prescription drug services you receive. Primary Home Care (PHC) is not affected by MERP.

If you are not sure whether MERP applies to the services you will be receiving, you should ask your Department of Aging and Disability Services (DADS) case manager. If you are a Medicaid managed care enrollee, you should ask your service coordinator with the health plan from which you receive your services.

Are there any times when the state will not ask for money back?

Yes, the state will not ask for money back after you die if:

· Your spouse is still alive.

· You have a child under age 21.

· You have a child of any age who is blind or permanently and totally disabled.

· Your unmarried adult child lives full-time in your home for at least one year before you die.

· The value of your estate is $10,000 or less.

· The amount of your Medicaid costs was $3,000 or less.

· The cost of selling your property is more than the property is worth.

What happens if I give away or transfer my assets before moving into a nursing home?

Giving away resources for no compensation, or refusing to accept income, or reducing income you could receive before moving into a nursing home may result in:

· a penalty against you for not paying for nursing facility or ICF/MR facility services when you were able to do so, or

· a decision by the state that you are ineligible for waiver program services or state supported living center services.

The state may "look-back" up to 60 months before you applied for nursing home, ICF/MR or waiver services to determine when your income was reduced and resources were transferred. To determine how long you may be penalized (or prevented from receiving nursing home care paid for by Medicaid), the state will divide the value of your transferred assets by the average cost of nursing home care paid for by a private-pay patient. The state will calculate the penalty period in terms of how long ago you transferred assets and how long you refused to accept income or reduced your income.

How can I get more information on Medicaid estate recovery?

For more detailed information on this program, call the agency’s toll-free number at 1-800-641-9356. This line is answered from 8:00 a.m. through 5:00 p.m., Monday through Friday. Voicemail is available 24 hours a day.

You may also e-mail your questions to merp@dads.state.tx.us.

You may also visit the DADS website at:
www.dads.state.tx.us/services/estate_recovery/.

I have received and understand the information about MERP.

1 comment:

  1. And why do I say that Estate Recovery is unfair/a form of theft/ an abuse of state power? Because anyone who needs to rely upon the state in their old age hasn't managed to accumulate much in the first place. Rich people don't need to get aid from the state in their old age. And, in this economic system, rich people do not get rich because of their honest, hard work. The economic system is unfair. People do not start in the same place, and they do not receive the same amount of help. Of course if the employees of DADS were to hear this they might be unhappy, and perhaps might even say "I cannot do anything about it". Maybe, or maybe they would disagree with me.....

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