Medicaid Planning and Nursing Home Care

Feeling overwhelmed by the complexity of Medicaid qualification rules? You don't have to navigate this alone - we're here to help.


Call 704-288-4700 Today to Schedule Your FREE Long-Term Care Planning Session

Request a Call from Our Team

Our Process

 You do not need to memorize a complicated set of Medicaid rules in order to obtain long term care for yourself or a loved one. It's better to seek the help of an attorney than make critical errors while navigating this undertaking.

At Providence Wills and Trusts, our process for assisting clients with long term care planning is generally broken down into three phases.

Phase 1: Long-Term Care Planning Session

The initial step is very simple: call our office to schedule a no cost one-hour long term care planning session.  There is no fee for this planning session.  All you need to do is complete and return our intake form ahead of the meeting with your attorney.

At your initial planning session, you and your attorney will discuss how the Medicaid rules apply to your family’s unique situation.  At the end of your planning session, you can decide if you’d like to move forward with the next step in the process. 

Phase 2 – Create A Long-Term Care Plan

In Phase 2, your attorney will create a long-term care plan that will accomplish the following two goals: (1) achieve Medicaid qualification and (2) protect as many of your hard-earned assets as possible. At Providence Wills and Trusts, we do not believe in a one-sized-fits-all, cookie cutter approach.  Instead, we believe that because every family’s situation is different, every family requires a long-term care plan that is tailor made to suit their needs. Not only will our attorneys create for you a customized long-term care plan, but they will meet with you to present and explain the plan in detail, and in a way that ensures that you understand it.

Phase 3 – Medicaid Application and Qualification

Once the plan has been implemented, our attorneys will prepare and submit the Medicaid application. After Medicaid receives the application, a Medicaid social worker will most likely contact our office in order to confirm the applicant’s assets, income, and other information, including transfers made during the Five-Year Lookback Period.  Because the Lookback Period extends back five years, Medicaid will require financial documents extending back at least that long.

MEET OUR ATTORNEYS

We are a different kind of estate planning law firm. From the first time you make contact, our staff takes the time to listen and consider your personal circumstances, rather than using a "one-size fits all" approach. Our team of attorneys includes a Board Certified Specialist in Estate Planning and Probate Law, a former Mecklenburg County Probate Clerk, an experienced litigator, and an experienced tax accountant.

Read our story!

Zachary Setzer

Board Certified Specialist in Estate Planning and Probate Law

Richard Fox

Attorney and Counselor at Law

Darius Jenkins

Attorney and Counselor at Law

Elder Law

Estate Law

Law Firm

Estate Law

Estate Law

FAQs

What is Medicaid?

Medicaid is a federal government program that pays for the cost of nursing home care for seniors and disabled individuals who meet certain eligibility criteria. Although Medicaid is a federal program, state law governs how the program is administered within each state.

Because Medicaid is a government benefit program, many people mistakenly believe that it exists only to help people with extremely limited income or assets. Or, to put it more bluntly, many retirees think: "Medicaid is just welfare, and welfare is for the poor." This is absolutely false. Do not fall into the trap of thinking that because you own a home and have saved for retirement that Medicaid is not an option. Medicaid is available to help anyone who qualifies, and many people have qualified while protecting the assets they have worked so hard to attain throughout their lives.  

How do I qualify for Medicaid in North Carolina?

Medicaid imposes both financial and non-financial requirements in order to qualify for benefits in North Carolina. To establish non-financial eligibility, applicants must be: a U.S. citizen or qualified alien, a resident of North Carolina, and aged 65 or older, or disabled. Additionally, Medicaid applicants must require a “nursing home level of care,” which means that their medical needs can only be met in a skilled nursing facility.  It is important to keep in mind that skilled nursing facilities are different from assisted living facilities (a.k.a. adult care homes).

In establishing financial eligibility for Medicaid, applicants must demonstrate that both their income and assets fall within certain limits. Therefore, the distinction between what counts as income and what counts as an asset is critically important. It is important to note that the Medicaid eligibility rules are very complex, and much of the “advice” that people get from the internet or family is either outdated, partially correct, or worse, dead wrong. The only way to ensure that you can qualify for Medicaid while protecting as many of your assets as possible is to speak with a qualified attorney.

Why do I need Medicaid if Medicare will cover the cost of nursing home care?

Medicare is a federal health care insurance program for individuals who are over age 65 or disabled.  In general, it does not cover the cost of long-term care in a nursing home. 

However, Medicare will cover a short-term stay in a skilled nursing facility under certain circumstances.  If a senior has been admitted to a hospital for more than 72 hours and is then moved to a skilled nursing facility within 30 days of the initial hospitalization, Medicare Part A will cover up to 100 days at the nursing facility.  Additionally, Medicare only fully covers the first 20 days of skilled nursing care, which means that a stay of longer than 20 days will incur an out-of-pocket cost. Although Medicare may cover a short-term stay at a nursing facility, it will not pay for the cost of long-term care.

CONTACT US

Request Your Medicaid Planning Session Today

We're here to help.

 
 
 
 
 
*If you are assisting a family member, please answer the following questions as the client.