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Medicaid Payback Issues

Discover effective strategies and solutions for handling Medicaid payback issues at the Special Needs Alliance 2015 Spring Meeting. Explore topics such as liquidating funds, reviewing the state's payback bill, funeral and burial expenses, taxes, and more.

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Medicaid Payback Issues

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  1. Medicaid Payback Issues Richard A. Courtney, CELA Robert W. Fechtman, CELA Robert B. Fleming, CELA Bridget O’Brien Swartz Special Needs Alliance 2015 Spring Meeting April 17-18, 2015

  2. Mechanics: • Liquidate funds • Review state’s payback “bill” • Pay quickly, so payback amount won’t increase • Funeral and burial • Taxes • Final accounting to state? • Is state a beneficiary or a creditor?

  3. Particular Assets: • Home • Vehicle • Annuity payments

  4. Drafting Choices: • Owning house • Change of jurisdiction • Early termination • Prepaying funeral and burial

  5. Special Problems: • Medicaid bills prior to establishment of trust • Structured settlement annuities • Beneficiaries moving from state to state • Defunding during lifetime

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