Applying for Medicaid Lawyers in Colorado

Medicaid is long-term care benefit that helps people who cannot afford private pay for in home care, assisted living or nursing home care. Eligibility for Medicaid is based on a variety of factors including income, resources, and medical need. Medicaid is available only to certain people with limited income and resources.

In order to qualify for Medicaid in Colorado, the applicant must:

  • Live in Colorado
  • Be a United States Citizen or present in the US legally
  • Meet the income requirements
  • Meet the resource requirements
  • Meet medical criteria

What Does Medicaid Cover?

If you are age 65 or older and eligible for Supplemental Security Income (SSI) and/or Old Age Pension (OAP) state supplemental payments, you will be eligible for Medicaid. Medicaid covers some of the same kinds of services as Medicare and also covers a number of medical services Medicare does not. It covers most long-term care, including long-term skilled nursing care, and nonmedical personal care such as adult day care and at-home assistance with the activities of daily living.

Additionally, if you are found to be eligible, Medicaid may cover some of these bills retroactively. Retroactive eligibility can go back to the beginning of the third month before the date you filed your application. In order to be covered by Medicaid, the client must make sure that the care was prescribed by a doctor, administered by a provider who participates in Medicaid, and determined to be medically necessary.

The Medicaid Application Process

Applying for Medicaid will involve several steps. First, you will have to complete a written application with the County Department of Human Services/Social Services.

Along with the application, you will need to provide the Medicaid office with:

  • Documentation to verify your income
  • Identification and your family's resources such as pay stubs, income tax returns, Social Security benefits information
  • Papers showing all your savings and other financial assets
  • Automobile registration papers if you own a car
  • Your Social Security card or number
  • Information about your spouse's income and separate assets

You will receive a decision on your Medicaid application after the County Department of Human Services/Social Services reviews the completed application and your medical necessity has been confirmed with a visit.

Medicaid Rules that Must Be Followed

If a spouse remains at home, Medicaid allows that community spouse additional assets and income to support the community spouse. In addition, Medicaid allows the applicant to have a home ( up to $500,00 equity) so long as the applicant intends to return home or a spouse, minor child remains in that home. In addition, the applicant and spouse may own irrevocable prepaid burial plans.

Medicaid has strict rules regarding gifting within five years of the application. In addition, Medicaid has strict rules regarding any annuity or life estate owned by either the applicant or the spouse. Our Colorado elder law lawyers at Jorgensen, Brownell & Pepin, P.C. can assist with the understanding and application of these various rules.

For Planning Assistance, Contact Jorgensen, Brownell & Pepin, P.C.

Planning now can protect your assets in the future and insure your care. Our elder law attorneys will explain options for protecting a loved one's assets, qualifications for medical care programs and ways to fund nursing home care. When necessary, we consult tax experts, accountants and healthcare planners in order to create a comprehensive plan designed to meet the unique needs of your loved one.

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