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States May Not Terminate Medicaid Benefits During the Coronavirus Pandemic

May 21, 2020 By Barry Crimmins

Access to affordable medical care is especially important during a global health crisis. You should be aware that federal law prevents the states that have accepted increased Medicaid funding from terminating Medicaid benefits while the coronavirus health emergency continues.

The Secretary of Health and Human Services has declared a nationwide public health emergency for COVID-19. In light of the public health emergency, the Families First Coronavirus Response Act provides that if you were enrolled in Medicaid as of March 18, 2020, the state (provided it accepted expanded Medicaid funds during the crisis) cannot terminate your benefits even if there is a change in your circumstances that would normally cause your benefits to be stopped. The law states that your Medicaid coverage must continue through the end of the month in which the Secretary declares that the public emergency has ended. The only exceptions to this non-termination rule are if you choose to terminate your benefits yourself or you move to another state. 

States that already terminated a Medicaid recipient’s benefits should be contacting recipients and encouraging them to reenroll. If the state determined that you were “presumptively eligible” for benefits before March 18, 2020, this rule does not apply to you, and the state may terminate your benefits if it eventually concludes you are not eligible for benefits. However, if you have coverage because you are appealing a decision of ineligibility that was made before March 18, 2020, the state cannot terminate your benefits during the health emergency. 

For an FAQ about the Medicaid requirements under the law, click here.

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Law Offices of Barry R. Crimmins, PC

Elder Law News - May 2022 Thumbnail

Elder Law News, May 2022

With healthcare and nursing homes being a hot topic as of late, you may have some questions regarding your care or the care of a loved one. If so…

Elder Law NEWS - April 2022

Elder Law News, April 2022

In 2022, change remains constant. But, as it applies to eldercare, some shifts are favorable, while others could directly impact the financial stability and level of care your loved one receives. 

Elder Law NEWS - March 2022

Elder Law News, March 2022

If you or a loved one were hospitalized and put under observation status, don’t worry – you have the right to appeal. The CMS (Centers for Medicare & Medicaid Services) recently announced that beneficiaries could appeal a hospital’s decision to assign observation status.

February 2022 newsletter

Elder Law News, February 2022

If you’re among the growing numbers of caregivers, each day that passes brings an increased chance of needing long-term care. Unfortunately, for many senior citizens, that means living in a nursing home or other type of care facility which could be understaffed or under stress due to COVID-19 or various other reasons. 

Elder Law News, January 2022

The Internal Revenue Service (IRS) has announced the amounts taxpayers of different ages can deduct from their 2022 income as a result of buying long-term care insurance, and the figures are almost the same as in 2021.

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