Hire a Lawyer. An unrepresented nursing home resident applied for Medicaid on December 21, 2007. A 981 was issued after an intake interview on December 27, 2007. However, the 981 erroneously omitted a request for documentation regarding retirement income and social security benefits. The caseworker realized her error on  February 5, 2008 (3 days after expiration of the standard of promptness) and requested the documents. They were provided the next day and it was shown that the resident’s income exceeded the income cap, requiring a qualified income trust. A QIT was established and funded in February. The case was approved for February ongoing, but denied for prior dates. On appeal, the decision was affirmed. You cannot back-date a QIT. Although the caseworker was required to tell the applicant of the need for the QIT within the standard of promptness, the information was communicated in February and the QIT was established in February. Since compliance with the SOP would have the same result, denial of eligibility for December and January was affirmed. This decision cited Doe v. Chiles, 136 F.3d 709, 718 (1998) for the proposition that the SOP carries the force of legal authority and compliance with the standard of promptness is mandatory rather than precatory.

OSAH-Elbert-Miller-6-2008.pdf January 17, 2008).

Published by
David McGuffey

Recent Posts

Generational Cohorts

Researchers use generational cohorts to identify and analyze changing views over time. A typical generation…

4 weeks ago

There are only six legal reasons to discharge a nursing home resident

Valid Reasons for an Involuntary Nursing Home Discharge One thing that strikes fear in the…

2 months ago

2026 Statewide Average Monthly Private Pay Rate for Determining Transfer of Assets

As of April 1, 2026, the Georgia Medicaid penalty divisor will increase from $10,798 to…

2 months ago

Medicaid Fair Hearing Dismissed Where Estate was Not Opened

How do nursing homes get paid? Sick people go to nursing homes and sick people…

4 months ago

Medicaid Verification: When the Agency is Required to Help

Some Medicaid classes of assistance do not require verification, but most long-term care classes of…

5 months ago

Medicaid Estate Recovery – 50 States

The Estate Recovery Rules vary from State to State. The federal minimum requires states to…

6 months ago