Hello. Mom ended up in a nursing home. She has cognitive issues. Medicaid is making life very, very, very difficult. But there is a nasty person perpetrating and causing the difficulties.... So, I know they are allowed to ask if there are any outstanding lawsuits, how much is being sought, etc. But, are they allowed to ask "the circumstances which prompted the lawsuit"? Isn't that asking insider information regarding the plaintiff's side? The background info is that my mother is suing her son, yes, my brother. Now, my sister, who is clearly on my brothers side of the situation, actually works at medicaid, she is a supervisor, is vehemently antagonistic against my mother, and is in cohoots with the current worker. My sister has made my mothers medicaid case difficult since day 1. She has thrown up road blocks each and every step of the way. Of course, hiding behind every case worker that handles my mother's case. So, are they allowed to ask the details of the case? Or only if there is a pending suit and the amount? Here is what the paperwork is asking for(verbatim, poor grammar and all, blanks are where my mothers name are):
"Provide Statement as to Current law suit.
1. Provide who is ___ ____ is suing and amount of law suit.
2. Provide who is ___ ___ attorney that is handling current law suit.
3. Provide the circumstances which prompted the law suit.
4. Provide verification as to monies received from Law suit settlement once ___ ___ goes to court, or settlement out of court."
So, are they allowed to ask what prompted it, and all else?
Of course my biggest question would be how do I prove my sister has been messing with my mothers case, but we all know that is next to impossible. I have tried. Every time I catch them in an obvious breach, they back off their attack and come back at me a month or two later for more useless information "or else her case will be denied"
Thank you,
Christina
Regarding state wanting to know about "monies", couple of things
- are you aware of SECONDARY PAYOR Acts? Basically what they can do for both Medicare & Medicaid, is IF $ is paid to a person by a lawsuit AND their medical treatment or care was paid by the M&M's, they are to be repaid from settlement $. So say your 70 years old & got 100k from a slip & fall but hospitalization & rehab of 40k paid by Medicare. 40k is due back to Medicare. A good tort attorney usually holds the settlement funds - less fees - in some sort of escrow-like account for a period of time to repay any secondary payers & get a release, and then you get final settlement.
- the eventual settlement is income / asset. If your mom is on medicaid, the $ will probably take her over any eligibility as too much $.