Tuesday, October 14, 2014

Wisconsin Estate Recovery Hardship Waiver

Wisconsin has strengthened estate recovery initiatives as of August 1, 2014.  Using (TEFRA) the Tax Equity and Fiscal Responsibility Act (DHS) Wisconsin Department of Health Services will begin filing liens against a Medicaid beneficiaries estate.  The law is written to place the Department of Health Services claim on the estates assets to be paid before other creditors claims are considered.

DHS 108.02 (12) assures each claim being filed by (DHS) The Department of Health Services must include a form describing the process for applying for a hardship waiver.  DHS will include this in the mailing of the notification of the claim being filed with the probate court. 

The waiver accommodates conditions that would cause the heirs to become or remain eligible for medical assistance, food stamps, and public assistance.  The form involves situations where the deceased owned part of a larger business.  A family farm is one of the provided examples. 
Application for the hard ship waiver should be returned within 45 days after DHS has filed the estate recovery claim.

The Staff of Home Care Path encourage all families to be aware of the opportunity to file a hard ship waiver  with estate probate claims from the Department of Health Services.  This is an important part of insuring access to needed health services for an elder family member while maintaining the solvency of a family business.

Home Care Path celebrates 4 years of successfully serving seniors in South Central Wisconsin

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 Home Care Path  www.homecarepath.com and the Wisconsin PATH ALONG model deliver an advanced supportive care service.  Helping seniors in the home, with clinic visits, at the hospital, nursing home and assisted living facility.  Helping seniors downsize with a move in to an adult child's home. 2014 rates are 20.00 per hour.  Simply call 608-432-4286 to schedule an interview.  We can be there when you are working.  We accept long term care insurance.  Services can be tax deductible.  Help with resources and the transition from private payment to public funded programming.  Valuing home and human life.

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