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Some Nursing Homes and Assisted Living Facilities Are Snatching Residents’ Pandemic Relief Checks, FTC Warns

May 21, 2020 By Barry Crimmins

The Federal Trade Commission (FTC) is warning residents of long-term care facilities and their families that some facilities may unlawfully require residents who are on Medicaid to sign over their $1,200 pandemic relief checks.

“This is not just a horror story making the rounds. These are actual reports that our friends in the Iowa Attorney General’s Office have been getting—and handling. Other states have seen the same,” writes Lois Greisman, the FTC’s Elder Justice Coordinator, in a May 15 alert.  

The Coronavirus Aid, Relief, and Economic Security (CARES) Act included one-time payments of up to $1,200 to millions of eligible individuals, based on their income. Ordinarily, nursing home and assisted living residents receiving Medicaid benefits must give all their income to the facility, minus a small “personal needs allowance.” However, the economic impact payments that are part of the CARES Act are a tax credit. According to tax law, tax credits don’t count as “resources” for federal benefit programs like Medicaid. The money belongs to the resident, not the facility. 

The FTC says that if a loved one lives in a nursing facility and you’re not sure what happened to their payment, talk with them soon.  If the facility took the payment already, get in touch with your state attorney general and ask them to help you get it back, and then tell the FTC at ftc.gov/complaint.

For the FTCs alert to consumers, click here.

For the agency’s companion alert to businesses, titled “Nursing homes and assisted living facilities: Hands off residents’ stimulus checks,” click here.

For a fact sheet from the National Center on Law & Elder Rights (NCLER) titled “Nursing Home Residents, Medicaid, and Stimulus Checks: What You Need to Know,” click here.

For an NCLER fact sheet for those receiving Medicaid in assisted living facilities or in the community, click here.

 

 

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Elder Law News, March 2021

The Law Offices of Barry R. Crimmins, P.C. NewsletterIt is a simple fact of life that as we get older, we need to be open to receiving more help.

Elder Law News, January 2021

We are in a year where the theme is really all about taking whatever small wins we can, when we can.

Elder Law News, November 2020

We are in a year where the theme is really all about taking whatever small wins we can, when we can.

Elder Law News, October 2020

“Get out to the polls and vote!” That’s the theme every election year, but as we all know this year is more than a bit different…

Elder Law News, September 2020

As the country begins recovery from the COVID-19 crisis, caretakers of the elderly must stay abreast of issues that could potentially impact their loved ones.

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