News from Northwest ADA Center – Idaho

Consumer Alert for Nursing Homes

Do you or a loved one live in a nursing home or assisted living facility? Are you (or they) on Medicaid? If you said “yes” to both, please read on and prepare to get mad. Some facilities are trying to take the COVID relief stimulus payments intended for residents on Medicaid. Then they’re requiring those people to sign over those funds to the facility. Why? How? Well, they’re claiming that, because the person is on Medicaid, the facility gets to keep the payment.

But here’s the deal: those economic impact payments are, according to the CARES ACT, a tax credit. And tax law says that tax credits don’t count as “resources” for federal benefits programs like Medicaid. So – when Congress calls these payments “tax credits” that means the government can’t seize them. The Federal Trade Commission (FTC) makes clear that nursing homes and assisted living facilities may not seize stimulus payments from residents simply because they are on Medicaid. And if they took it already, get in touch with your state attorney general and ask them to help you get it back.

This is not just a horror story making the rounds. These are actual reports from states across the nation. After filing the complaint with your state attorney general’s office, then tell the FTC online (ftc.gov/complaint) or by calling 1-877-FTC-HELP (382-4357).

Need more back-up? Here’s some information for you. You can go here to print out the federal tax law that says the refunds aren’t considered a “resource” in federal benefits programs. Give this to them. You can also click this link to get the Congressional Summary that talks about the funds as tax credits not countable as resources for federal government programs. (page 3)

And here’s even more helpful information if that isn’t enough. The National Center on Law & Elder Rights for people who live in institutions has got you covered.

So if this has happened to you or a loved one, get your money back. Sometimes the residents are afraid to say anything or that they will be ask to leave. It is your money that can be use to buy things you need: tv, phone, clothing, etc. 

For more information about the ADA contact:

Dana Gover, MPA, and ACTCP Certification, ADA Training and Technical Assistance Coordinator 

For more information about ADA Technical Assistance visit the NW ADA Center Idaho website: nwadacenter.org/idaho

Email:dananwadacenteridaho@gmail.com
Phone: Voice and Text 208-841-9422
Idaho Relay Service: 7