Recovery Letter For Payment In Illinois
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FAQ
No action will be taken to enforce the lien when you die, if your property is occupied by your spouse, your child under age 21, your child over age 21 who is blind or disabled, or in some cases, your brother or sister. No one will be asked to leave the property.
Certain liens, in Illinois, hold "super lien" status. Two of these include Medicare and Medicaid.
Similarly, legal rulings regarding Medicare Part C plans have provided essentially the same rights as the Center for Medicare Ser vices with regard to settling parties. Thus, Medicare, Medicaid, and Medicare Part C plans now all have super lien rights.
Total Claim Limit Under the Illinois Health Care Services Lien Act, no more than 40% of your settlement can be claimed by all healthcare providers combined, including Medicaid. This cap ensures that a substantial portion of your settlement remains with you, regardless of the total medical costs incurred.
When you apply for Medicaid coverage for long-term care services, the state will look back to see if you or your spouse transferred assets for less than fair market value during the "look-back period." The look-back period is five years. The state will look at any assets transferred during that time.
The lookback period in 49 of the 50 states is five years and begins as of the date of the Medicaid application. However, in California, the lookback period is only 2.5 years (30 months). If Medicaid finds ineligible transactions, the applicant will be assessed a penalty.
To waive recovery, the heir or beneficiary must show that the recovery would cause them to become or remain eligible for programs such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF) or Food Stamps (SNAP).
The medically needy asset limit is $17,500 for an individual, as well as for a couple. 2) Asset Spend Down – Seniors who have assets over Medicaid's asset limit can reduce their countable assets by “spending down” extra assets on non-countable ones.
