[WSBAPT] Medicaid lien exception - child caring for parent?

Thu Feb 29 10:29:39 PST 2024

Circling back to this question --

Does anyone have experience on the logistical pieces of the proof required
by DSHS to establish this exemption?

I see that this is sourced out of WAC 182-513-1363(4)(d)(iv)(A)-F),
exempting the transfer of a home to a:

(iv) Child who lived *in the home* and provided care, but only if:
(A) The child lived *in the person's home* for at least two years;
(B) The child provided *verifiable care* to that person during the time
period in (d)(iv)(A) of this subsection for at least two years;
(C) The period of care under (d)(iv)(B) of this subsection was *immediately
before* that person's current period of institutional status;
(D) The care was not paid for by medicaid;
(E) The care enabled that person to remain at home; and
(F) The *physician's documentation* verifies that the in-home care was
necessary to prevent that person's current period of institutional status;
WAC 182-513-1363(4)(d)(iv)(A)-F) (emphasis added).

Are the underlined phrases defined or given more detail somewhere else in
the WACs?

What if the child lived in a mother-in-law cottage next to the home, on the
same property, rather than in the actual home? If the property had multiple
dwellings, do they need to prove the child was truly living "in the home"?
I assume that providing evidence that they were at the same mailing address
during the time period would suffice?

How does the child prove "verifiable care"?  Maybe a disinterested third
party witness to sign a declaration attesting that the care was provided?

Does the "physician's documentation" need to be obtained at the time that
the gift of the property is made, or can this statement be obtained from a
physician retroactively, after the gift of the property was made, based on
the doctor's review of prior medical records from the timeframe in
question?

How tough is DSHS in practice, in terms of proving the applicability of
this exemption?

Thanks for any input on this!

Sarah

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

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On Thu, Feb 15, 2024 at 9:02 PM Lewis, Amy C. <ALewis at eisenhowerlaw.com>
wrote:

> Eric,
>
>
>
>               Take a look at page 7 of the attachment, which explains when
> a home can be transferred without incurring Medicaid ineligibility.  Here
> is a relevant excerpt:
>
>
>
>
>
>               I refer Medicaid work to Sean Bleck at STIB Law in Seattle
> and to Josh Brothers at Brothers & Henderson.
>
>
>
> Amy Lewis, Attorney
> Pronouns she/her/hers
>
> 909 A Street, Suite 600 | Tacoma, WA 98402
> phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Thursday, February 15, 2024 4:57 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Medicaid lien exception - child caring for parent?
>
>
>
> Potential client has been told that, because he cared for his mother for
> the last 7 years before she went into memory care (she is still living), he
> can get some kind of exemption or exception from her house being hit with a
> Medicaid lien. Can anyone tell me about that, or cite the reg?
>
>
>
> Also, he is wanting guidance on what, if anything, he could or should do
> right now to document his eligibility for the exception. Referrals and
> self-referrals welcome—
>
>
>
> Client is in King County though it might not really matter for this job.
> Thanks!
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
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