Pitfalls & Problems

Ignorance of the Law 

Do Not Assume just because someone works in a nursing home, or even works for the State, that he/she knows and understands Medicaid. Medicaid has been described by some of the brightest judges in the country as a program that is "incomprehensible for the uninitiated". We hear misstatements regarding the law from every source, even employees of the Department of Public Welfare, the agency that administers the Medicaid Program.

You've heard it before. "They'll take your home. They'll take everything you have. Medicare stops paying because you're not improving. If you sell the house you have to give them all the money." These are just a few of the statements we hear every day from people. The biggest problem you will have when caught in the long term care system, is someone telling you what you can and cannot do. More often than not, that person will be wrong. For example, Medicaid law states that a person can apply for Medicaid and that he/she will be allowed to keep his or her home. Yet, they are almost always told that they must sell the house. If you do not question or challenge the person giving you this information, you will end up doing as they say; even though, it is contrary to the law. Having an attorney from Zacharia & Brown to be your advocate is a necessity in the field of long term care. Also, in almost every case there will be money that must be spent before you can get benefits such as Medicaid. Your first expenditure should be for an attorney who knows the system; someone who will be your voice and lookout for your best interests.