WHAT THE HECK IS MEDICAID AND WHY THE HECK SHOULD YOU CARE?
Medicaid is a joint federal/state program for the medical care of certain needy people within Colorado and the other 49 states. The main emphasis of our elder attorneys is on the payment of nursing home bills. Although established by federal law, the Medicaid program is, for the most part, administered by the separate states. The cost of running the program is shared by the feds and the states, with the feds paying about half the cost.
What makes this area of the law so complicated is that under the federal laws there are many options given to the separate states as to what they will pay for and who is entitled to coverage. As a result, you have 50 different versions of the Medicaid rules with each state selecting a different combination of options. Each state interprets the same Medicaid laws differently. What a disaster. This mixed up mess leaves the residence of each state, including the elder law lawyers in each state, scratching their heads trying to figure out what they can and cannot do to qualify for Medicaid coverage.
Unfortunately, you cannot simply ask the government for an advance ruling or interpretation on certain procedures like you can with the IRS. That problem forces you to try something first and hope for the best. If you’re challenged by the state Medicaid office, you can appeal their interpretation if you disagree with it and even take them to court. Of course, very few people are willing to do that because of the significant expense and hassle involved in lawsuits. So, that leaves you relying on your best guess of what you and your Colorado elder law attorney thinks the state rules actually are.
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