Legal Question in Health Care Law in Iowa

My parents live in Iowa. My fafter is on Medicaid. When the papers were filled out for medicaid no mention was made or question asked about insurance policies they may have. Dad has a 3 life insurance policies, small but nonetheless, he has them. My sister was with them when the papers were filled out. The question of insurance did not come up. She being power of attorney for them, called the insurance company to ask about turning in the policy for cash. They said our parents would have to pay back money if that was done. I understand that is true. My question is, shouldn't this have been done when papers were filled out for medicaid? The person filling out the forms didn't ask the question. My sister and parents new to this program didn't know to ask the question. Ignorance is no excuse, but no information from ther person who is supposed to have the information sounds like an unethical conncection between medication and insurance programs. What can we do? By the way I looked up medicaid in Iowa, and after reading through everything on line I can honestly say, I still don't know what my parents should do. Thanks for the help.


Asked on 1/12/11, 8:38 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Assets are assets.

The person helping you fill out the paperwork does not have to affirmatively advise you that assets of an estate are subject to lien-where would it stop? There's a five year lookback period so if the person who is on medicaid dies within that time, the government has first bite at all that money.

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Answered on 1/19/11, 6:00 pm


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