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Can a hospice seize your assets?

On Behalf of | Jul 27, 2022 | Uncategorized

Making the decision to place a loved one in hospice care can be very difficult. Even after you place them in a Texas hospice, you may still worry about them. One of your main concerns may be how much money the entire experience will end up costing. You may worry that their coverage may not be enough and that the hospice may try to seize their assets.

Your assets are safe with a hospice

Hospice law is a set of rules and regulations that governs how your loved one is treated during their last days. This is also the branch of law that guarantees that neither your assets, nor those of your relative, will be seized by a hospice. The only way that these assets could ever be seized would be if you were found to be involved in a scheme to defraud Medicare.

Most seniors can expect to have their hospice care covered by Medicare. This is a benefit that is part of the Medicare Part A plan. It becomes active when the beneficiary chooses to enter hospice care, either in their own home or at a facility. In most cases, Medicare can be expected to cover all of the various costs that are associated with hospice care.

Your Social Security check will always be safe

Many families ask whether a hospice can take a loved one’s Social Security check. The answer is generally no. Patients in hospice continue to receive their benefits without interference, even if they fall behind on payments.

Hospice providers bill Medicare or private insurance directly. They do not take money from the patient’s bank account and they do not have access to Social Security benefits. Your loved one stays in control of their income.

Federal law protects Social Security from most private creditors. However, the government can still collect back taxes, child support or federal student loan payments.

Missed hospice payments do not affect Social Security eligibility. Medicare or insurance handles coverage, not monthly benefits.

Can hospice take your home?

The short answer is no. A hospice provider cannot take your home, place a lien on your property or claim ownership of your house just because you receive care.

Hospice providers receive payment through Medicare, Medicaid or private insurance. They provide care. They do not act like creditors.

Some families worry because they have heard about Medicaid Estate Recovery. This is a government rule that may allow the state to seek repayment from an estate after death if Medicaid paid for care. This rule comes from the government, not the hospice company.

Hospice care does not give the provider the right to access your bank accounts or property. For families who follow the rules, hospice care does not put the home at risk.

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